reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-310. Display of certificate of registration.

A holder of a certificate of registration for any category of barbering authorized by this chapter shall display in a conspicuous place adjacent to or near the person's work chair.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Section 5250-47; 1952 Code Section 56-270; 1962 Code Section 56-270; 1976 Code Section 40-7-210.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-320. Barbershops to be registered; posting of copy of inspection rating and regulations.

(A) A barbershop must be registered with the board. Applications for registration and inspection of new shops must be made at least fifteen working days before opening the shop. No new shop may be operated until all fees are paid and the shop has passed inspection.
(B) A copy of the inspection rating and copy of the regulations for the sanitary management of a barbershop, as provided for in Section 40-7-60, must be posted in a conspicuous place in each barbershop or barber school.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Section 5250-46; 1952 Code Section 56-268; 1962 Code Section 56-268; 1976 Code Section 40-7-190.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-330. Inspection of barbershop or barber schools.

A member of the board or the board's agents, assistants, and inspectors may enter upon and inspect a barbershop or barber school at any time during business hours in the performance of the duties conferred or imposed by this chapter.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Section 5250-46; 1952 Code Section 56-269; 1962 Code Section 56-269; 1976 Code Section 40-7-200.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-340. Special certificates for inmates in custody of State Department of Corrections.

(A) Notwithstanding any other provision of this chapter, the board may issue special certificates of registration as an apprentice barber to an inmate in the custody of the State Department of Corrections who:
(1) complies with Section 40-7-230(B), having completed the required number of hours in a barber school or college approved by the board; and
(2) has been sentenced:
(a) under the Youthful Offender Act and has served at least nine months of the sentence; or
(b) to a determinant sentence and is eligible for release or parole consideration within one hundred twenty days.
(B) These certificates are valid for one hundred twenty days and may be renewed at the discretion of the board.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-273.1; 1971 (57) 527; 1976 Code Section 40-7-250.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-350. License required for barber colleges and instructors.

(A) A license is required from the board to operate a barber school. A barber school may be operated in and as part of an accredited high school, career center, or technical school or college and must be licensed by the board. A barber school that is not part of a secondary school is considered a post-secondary school. The board may prescribe the curriculum of a barber school.
(B) Barber school instructors must be licensed by the board. The instructors must have successfully passed an instructor's examination as prescribed by the board and have at least three years' experience as a practicing registered barber or master hair care specialist.
HISTORY: 1997 Act No. 137, Section 1; 2015 Act No. 44 (H.3464), Section 1, eff May 12, 2015.
Editor's Note
Prior Laws:1956 (49) 1588; 1962 Code Section 56-278; 1967 (55) 392; 1976 Act No. 700 Section 8; 1981 Act No. 143, Section 6; 1989 Act No. 87, Section 9; 1976 Code Section 40-7-300.
Effect of Amendment
2015 Act No. 44, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-360. Chapter not applicable to services for immediate family.

This chapter does not apply to a person who performs the service of a barber for members of the person's immediate family.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Section 5250-53; 1943 (43) 111; 1952 Code Section 56-277; 1956 (49) 1588; 1962 Code Section 56-277; 1971 (57) 904; 1976 Code Section 40-7-290.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-370. Operation of barbershop by registered apprentice prohibited.

No registered apprentice, registered under the provisions of this chapter, may operate a barbershop in this State.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Section 5250-34; 1952 Code Section 56-260; 1962 Code Section 56-260; 1976 Code Section 40-7-110.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-380. Board members prohibited from ownership interest in barber colleges or companies servicing barbershops.

It is unlawful for a member, inspector, or employee of the board to own an interest in a barber college or a company which deals in sales or services to barbershops.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-256.1; 1967 (55) 392; 1976 Code Section 40-7-70.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-390. Persons exempt from chapter.

These persons are exempt from this chapter while engaged in the proper discharge of their professional duties:
(1) persons authorized under the laws of this State to practice medicine and surgery;
(2) commissioned medical or surgical officers of the United States Army, Navy, or Marine hospital service;
(3) registered nurses;
(4) students in schools, colleges, and universities who practice barbering only upon students in the school, college, or university premises for the purpose of earning part of their school expenses;
(5) undertakers;
(6) persons authorized by state law to practice cosmetology only when they are practicing in salons or schools of cosmetology.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-400. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-20. Perpetual Care Cemetery Board; creation.

For the purposes of administering this chapter, there is established a South Carolina Perpetual Care Cemetery Board with the power and duty to promulgate regulations, approved by the Director of the Department of Labor, Licensing and Regulation, to carry out this chapter as provided for by Section 40-1-10.
Cemeteries, burial grounds, and any agreement or contract which has for a purpose the furnishing or delivering of a person, property, or merchandise of any nature in connection with the final disposition of a dead human body, must be subject to sufficient regulation by the State to ensure that sound business practices are followed by all entities subject to this chapter.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-35. Cemetery contract disclosure requirements.

The cemetery contract must disclose to the consumer:
(1) the type of outer burial container being purchased (a Category I, Protective Outer Burial Container, or a Category II, Nonprotective Outer Burial Container);
(2) that the outer burial container either has a warranty or that it does not have a warranty; and
(3) if the outer burial container purchased in advance of need is not available at the time of need, the cemetery shall make available to the purchaser or his representative an outer burial container of equal or greater value. The purchaser or his representative is entitled to approve any substitutions.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-40. Licensure requirements, "Perpetual Care" and "No Perpetual Care" designations.

No entity may engage in the business of operating a perpetual care cemetery company, except as authorized by this chapter, without first obtaining a license from the board. A license issued under this chapter is not transferable or assignable and a licensee may not develop or operate a perpetual care cemetery authorized by this chapter under a name or a location other than that contained in the license.
No entity may hold itself out to be a perpetual care cemetery without an authorization to operate as such by the South Carolina Perpetual Care Cemetery Board.
Those cemeteries which furnish perpetual care to some portions and no perpetual care to other portions shall identify the appropriate sections of the cemetery at application and shall designate each section by a sign on the premises. Portions designated "Perpetual Care" may not be changed to "No Perpetual Care" once the designation is made.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-50. Board membership.

The board consists of seven members appointed by the Governor. Three appointed members must be public members who have no financial interest in and are not involved in the management of a cemetery or funeral-related business, and four members must be owners or managers of cemeteries in this State who may be selected from nominees submitted by the South Carolina Cemetery Association. The Governor shall appoint members of the board in the manner provided in this section. Of the seven members, three of the initial board members must be appointed for a term of two years, two for a term of three years, and two for a term of four years. At the end of their respective terms, successors must be selected in the same manner and appointed for terms of four years and until their successors are appointed and qualify. Nominations for appointment for the four professional members must be received by the Governor from the South Carolina Cemetery Association. If the Governor does not approve the recommendations, the association shall provide the Governor with another list of nominees, and the Governor may select a nominee from the list provided or appoint another suitable candidate of his choice. The Governor may replace any board member at any time for cause. An appointment to fill a vacancy on the board is for the balance of the unexpired term in the manner of the original appointment.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-60. Election of chairman and vice chairman; expense reimbursements; meetings.

The board shall elect annually a chairman and vice chairman. Each member of the board shall receive the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions. All expenses of the board must be paid from fees received by the board.
The board shall meet at least semiannually and may hold special meetings at any time and place within the State at the call of the chairman or upon written request of at least four members.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-70. Board power and duties.

In addition to the powers and duties included in Sections 40-1-70 through 40-1-100, the board shall establish policies and procedures consistent with this chapter, shall have the full power to regulate the issuance of licenses, and shall discipline licensees in any manner permitted by this chapter or under the provisions of Sections 40-1-110 through 40-1-150.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-80. License fees.

(A) The following fees must be assessed, collected, and adjusted on behalf of the board by the Department of Labor, Licensing and Regulation in accordance with this chapter and the provisions of Section 40-1-50(D):
(1) a license fee of eight hundred fifty dollars, annually;
(2) an application fee of two hundred fifty dollars.
(B) Notwithstanding subsection (A), the fees for a cemetery in existence on the effective date of this chapter, which consists of ten acres or less of land are as follows:
(1) a license fee of four hundred dollars, annually;
(2) an application fee of two hundred fifty dollars.
(C) The license period is from January first through December thirty-first.
(D) Failure to renew a license by the December thirty-first renewal date renders the license invalid. The license may be reinstated upon receipt of an application postmarked not later than January thirty-first. Delinquent renewal requests not postmarked on or before January thirty-first require that a new application be submitted under the guidelines in effect for the current period.
(E) All fees are nonrefundable.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-120. Land requirements; conveyance and use of excess contiguous lands; transfer to municipality.

(A) A licensee shall set aside a minimum of thirty acres of land for use as a cemetery, except as may otherwise be provided in this chapter, and may not mortgage, lease, or encumber it.
(B) The fee simple title in any land owned by the licensee as a cemetery, which lands are contiguous, adjoining, or adjacent to the minimum acreage described in subsection (A), may be sold, conveyed, or disposed of by the licensee for use by the new owner for purposes other than as a cemetery if no bodies have been previously interred and if any title, interest, or burial right which may have been sold or contracted to be sold in this land are reconveyed to the licensee before the consummation of any conveyance.
(C) A licensee may convey and transfer to a municipality or county its real and personal property, together with monies deposited with the trustee, if the municipality or county accepts responsibility for maintenance and prior written approval of the board is obtained.
(D) The provisions of subsections (A) and (B) relating to a requirement for minimum acreage do not apply to those cemeteries in existence before the effective date of this chapter. If a cemetery owns or controls a total of less than the minimum acreage, this cemetery may not dispose of any of the lands.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-130. Mausoleum and below ground crypt construction deadlines; burial vault placement; coastal and lowland exception.

(A)(1) A cemetery company is required to start construction of that section of a mausoleum or bank of belowground crypts in which sales, contracts for sale, reservations for sales, or agreements for sales are being made within thirty-six months after the date of the first sale or refund the money. The construction of the mausoleum section or bank of belowground crypts must be completed within sixty months after the date of the first sale. Extensions for completion, not to exceed one year, may be granted by the board for good reasons shown.
(2) After construction has begun on the mausoleum section or bank of belowground crypts, the cemetery company shall certify the progress and expenditures and is entitled to withdraw funds from the mausoleum account to meet construction expenditures.
(3) If the mausoleum section or bank of belowground crypts is not completed within the time limits set out in this section, the board shall contract for and cause the project to be completed and paid for from the funds deposited to the project and the cemetery company must be liable for any shortage.
(4) In lieu of the payments to the mausoleum account the cemetery company may deliver to the board a performance bond in an amount and by surety companies acceptable to the board.
(B)(1) Burial vaults must be at least ten inches below the earth's surface. As used in this section, "burial vaults" includes caskets, grave liners, or other outer burial containers. It does not include markers, monuments, or crypts constructed in a mausoleum or columbarium.
(2) This section does not apply to cemeteries located in the coastal and lowland areas which are subject to tidal or surface flooding or have a high-level water table, except that where the water table is two feet or less from the surface, cemeteries not subject to tidal or surface flooding may place vaults level with the ground.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-140. Cemetery signs.

All cemeteries in this State shall display a sign at each entrance containing letters not less than six inches in height stating "Perpetual Care" or "Endowment Care" or "No Perpetual Care" or "No Endowment Care" depending upon which method of operation the cemetery is using.
Those cemeteries which furnish perpetual care to some portions and no perpetual care to other portions shall display these signs on the appropriate sections of the cemetery to which the sign applies. Portions designated "Perpetual Care" cannot be changed to "No Perpetual Care" once the designation is made.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-150. Disciplinary action; grounds.

In addition to grounds for disciplinary actions as set forth in Section 40-1-110, the board shall take disciplinary action against a licensee who:
(1) fails to pay the required fees;
(2) fails to make required reports;
(3) fails to remit to the care and maintenance trust fund or merchandise trust fund the required amounts;
(4) knowingly makes a false statement intended to influence or persuade;
(5) knowingly and continually makes flagrant misrepresentations or knowingly condones false promises by its cemetery agents or salesmen;
(6) wilfully violates this chapter or regulations promulgated by the board;
(7) acts in a fraudulent manner, whether of the same or a different character than specified in this section;
(8) fails to make required contributions to the care and maintenance trust fund or any other funds required to be established and maintained by this chapter.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-160. Dissemination of order finding basis for disciplinary action; fine.

Upon a determination by the board that one or more of the grounds for disciplining a licensee exist, as provided for in Sections 40-8-150 and 40-1-110, the board may, in addition to the actions provided for in Section 40-1-120, impose a fine not to exceed ten thousand dollars. All final orders which are made public must be mailed to local and state professional associations, all firms and facilities with which the respondent is associated, states where the person has a license known to the board, and to any other source to which the board wishes to furnish this information.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-170. Voluntary surrender of license.

A licensee who is under investigation for any of the grounds provided for in Section 40-8-150 for which the board may take disciplinary action may voluntarily surrender his license to the board in accordance with the provisions of Section 40-1-150.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-190. Punishment and fines for violation of chapter.

A person who operates a cemetery in this State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars or more than ten thousand dollars or imprisoned not less than thirty days or more than twelve months, or both.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-200. Certain cemeteries excepted from provisions of chapter.

The provisions of this chapter do not apply to governmental cemeteries, nonprofit cemeteries, church cemeteries, nature preserve cemeteries, or family burial grounds.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-210. Licensing of existing cemeteries.

(A) A perpetual care cemetery licensed by the South Carolina Cemetery Board and operating in good standing on June 30, 1990, may continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board.
(B) A perpetual care cemetery established between July 1, 1990, and the effective date of this chapter may continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board, provided an Irrevocable Care and Maintenance Trust Fund Agreement with a trust institution doing business in this State has been properly entered into by the perpetual care cemetery, and a copy of the same is on file with the board.
(C) Effective January 1, 2003, all perpetual care cemeteries must be operated in accordance with the provisions of this chapter.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-220. Disclosure of conditions for free burial rights; basic maintenance requirements; religious code isolation designations.

(A) A cemetery company which offers free burial rights to a person or group of persons, at the time of the offer, clearly shall state all conditions upon which the offer is made.
(B) Cemeteries must be maintained to present a cared-for appearance including, but not limited to, shrubs and trees pruned and trimmed, flower beds weeded, drives maintained, and lawns mowed when needed equivalent to once a week during grass growing season with ample rainfall.
(C) Cemetery companies may provide by their bylaws, regulations, contracts, or deeds the designations of parts of cemeteries for the specific use of persons whose religious code requires isolation.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-230. Severability.

If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 8 - South Carolina Perpetual Care Cemetery Act › Section 40-8-240. Application of chapter to new public cemeteries.

Except as provided in Section 40-8-200, no person including a cemetery company is permitted to establish a new public cemetery unless it is a perpetual care cemetery that meets all requirements of this chapter.
HISTORY: 2002 Act No. 322, Section 10A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-10. Definitions.

As used in this chapter:
(a) "Chiropractic" is defined as that science and art which utilizes the inherent recuperative powers of the body and deals with the relationship between the nervous system and the spinal column, including its immediate articulations and the role of this relationship in the restoration and maintenance of health.
(b) "Chiropractic practice" is defined as the spinal analysis of any interference with normal nerve transmission and expression, and by adjustment to the articulations of the vertebral column and its immediate articulations for the restoration and maintenance of health and the normal regimen and rehabilitation of the patient without the use of drugs or surgery.
(c) "Analysis" is defined as physical examination, the use of x-ray and procedures generally used in the practice of chiropractic.
(d) Any machine used in "chiropractic practice" or "analysis" must first be approved by the South Carolina Board of Chiropractic Examiners.
(e) "Preceptorship" or "residency training program" means a clinical program of an approved college of chiropractic in which a chiropractic intern or resident practices chiropractic under the direct supervision of a licensed chiropractor.
(f) "Chiropractic preceptor" means a person licensed under this chapter who is approved by the board to supervise chiropractic students in the performance of chiropractic at a location other than the premises of a chiropractic college in which the student is enrolled. A chiropractic preceptor must:
(1) have been licensed to practice chiropractic in South Carolina for not less than five years;
(2) not have been publicly or privately sanctioned by a chiropractic licensure board in any state;
(3) sign a sworn statement that he or she has not knowingly violated state or federal rules or regulations including, but not limited to, those pertaining to the repayment of guaranteed federally funded student loans;
(4) receive written approval of the chiropractic college to serve as an adjunct faculty member for the purpose of an individual student's preceptorship or residency training program;
(5) supervise no more than one chiropractic student at a time at a location other than the premises of the chiropractic college in which the student is enrolled.
(g) "Direct supervision" means the chiropractic preceptor must be within the immediate patient treatment area and available to the student at all times.
HISTORY: 1962 Code Section 56-351; 1952 Code Section 56-351; 1942 Code Section 5250-6; 1932 (37) 1552; 1976 Act No. 745 Section 2; 2010 Act No. 230, Section 1, eff June 7, 2010.
Effect of Amendment
The 2010 amendment added the definitions for "preceptorship or residency training program", "chiropractic preceptor", and "direct supervision".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-20. License required; students participating in a preceptorship or residency training program excepted.

(A) No person may practice chiropractic in this State without a license issued by the South Carolina Board of Chiropractic Examiners as provided in this chapter, except students participating in a preceptorship or residency training program may perform without a license chiropractic procedures under the direct supervision of a chiropractic preceptor. These procedures and this supervision must be practiced within the confines of the appropriate chiropractic college or office of a licensed chiropractor.
(B) No charges for professional service may be made to any patient or to his insurance company for any work performed on the patient by the students or by the licensed chiropractor on the college staff while supervising the students or by the licensed chiropractor in an office while supervising the students. However, the chiropractic college or the office of the licensed chiropractor may charge the patient for the actual costs and expenses it incurs for the use of its clinical property or facilities by the patient.
(C) This section does not apply to any chiropractic college which has failed to attain accredited status from the Council on Chiropractic Education or its successors or from the Commission on Accreditation of the Straight Chiropractic Academic Standards Association.
HISTORY: 1962 Code Section 56-352; 1952 Code Section 56-352; 1942 Code Sections 5250-1 to 5250-8; 1932 (37) 1552; 1976 Act No. 689 Section 1; 1979 Act No. 199 Section 31; 1980 Act No. 307, Section 2, 1985 Act No. 177, Section 1; 2010 Act No. 230, Section 2, eff June 7, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-25. Students may perform procedures.

A student enrolled in a preceptorship or residency training program may perform chiropractic procedures only if:
(a) the student has met all academic requirements for graduation from an accredited chiropractic college approved by the board; and
(b) the chiropractic procedures are performed only under the direct supervision of the student's chiropractic preceptor.
HISTORY: 2010 Act No. 230, Section 3, eff June 7, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-35. Compensation of members of the board.

Members of the board and persons authorized by the board, engaged in business for the board, shall receive for their services a per diem as determined by the board, and travel expenses as provided by law for state boards, committees and commissions. Such compensation shall be paid from board funds.
HISTORY: 1980 Act No. 307, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-36. Executive Director.

The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15 may appoint and employ a qualified person to serve as executive director, and shall fix his compensation and define his duties. The executive director of the board shall have the power to make contracts, with board approval, for the furtherance of the board's functions and the management of the office. The Director of the Department of Labor, Licensing, and Regulation may employ such other persons as may be necessary to carry on its work. The salaries of employees and necessary expenses incurred in the performance of their duties shall be paid out of funds held by the board.
HISTORY: 1980 Act No. 307, Section 5; 1993 Act No. 181, Section 865.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-37. Conduct of advisory election.

Each chiropractor, licensed pursuant to Chapter 9, Title 40, Code of Laws of South Carolina, 1976, and residing within the congressional district from which the appointment is to be made, shall be entitled to vote in the advisory election. A ballot shall be sent by certified mail to each licensed chiropractor residing in that congressional district from which the appointment is to be made. The ballot shall contain the name of each chiropractor licensed pursuant to this chapter and residing within the congressional district from which the appointment is to be made, as indicated by the records of the Board of Chiropractic Examiners or its predecessor. A space shall be provided for write-in votes for qualified candidates whose names do not appear on the ballot. The ballot shall specify the date by which the returned ballot must be received by the agency conducting the advisory election. The ballots shall be opened at 9:00 A.M. on the day following the date specified for the receipt of the ballots and the results shall be tabulated. The tabulated results shall be immediately forwarded to the Governor.
HISTORY: 1980 Act No. 351, Section 2; 2012 Act No. 222, Section 3, eff June 7, 2012.
Editor's Note
2012 Act No. 222, Section 15, provides as follows:
"SECTION 15. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires."
Effect of Amendment
The 2012 amendment removed "For the initial election the records used shall be the records of the South Carolina Board of Chiropractic Examiners on May 10, 1978.".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-39. Limitation on consecutive terms.

Notwithstanding any other provision of law, no appointive member of the above board shall be allowed to serve more than two full consecutive terms on the board; provided, however, that an appointive member who has served for the remainder of a former member's unexpired term shall be allowed to then serve two additional full terms.
HISTORY: 1981 Act No. 99, Section 6.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-40. Qualifications of applicants for licenses.

No person may be granted a license to engage in the practice of chiropractic unless he presents proof that he has at least two years of pre-professional college credits from a college or university accredited by the Southern Association of Colleges and Schools or an accrediting agency of equal status and recognition and that he is a graduate of a chiropractic college which is accredited by or has recognized candidate status with the Council on Chiropractic Education or with the Commission on Accreditation of the Straight Chiropractic Academic Standards Association or meets equivalent standards.
HISTORY: 1962 Code Section 56-354; 1952 Code Section 56-354; 1942 Code Section 5250-2; 1932 (37) 1552; 1944 (43) 1373; 1976 Act No. 689 Section 2; 1978 Act No. 632, Part II, Section 7; 1980 Act No. 307, Section 6; 1985 Act No. 177, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-45. Prerequisite educational requirements for students of chiropractic colleges chartered by State.

All students of any chiropractic college chartered by the State shall have two years of preprofessional college credits from a college or university accredited by the Southern Association of Colleges and Secondary Schools or an accrediting agency of equal status and recognition prior to enrollment. Provided, that the educational qualifications required of students entering chiropractic colleges shall not apply to students enrolled prior to July 1, 1974.
HISTORY: 1976 Act No. 689 Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-50. Filing of credentials and payment of fee.

All applicants for a license examination shall file with the secretary of the board, on or before a specified date to be determined by the board, a completed application to be provided by the board, supported by proper credentials and the payment of a fee to be set by the board.
HISTORY: 1962 Code Section 56-355; 1952 Code Section 56-355; 1942 Code Section 5250-3; 1932 (37) 1552; 1980 Act No. 307, Section 7.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-60. Reexamination.

In case the applicant fails in the first examination, he shall be entitled to a second examination at the next regular meeting of the board.
HISTORY: 1962 Code Section 56-356; 1952 Code Section 56-356; 1942 Code Section 5250-3; 1932 (37) 1552.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-70. Reciprocal registration; fee.

The board shall have authority to grant licensure in accordance with item (8) of Section 40-9-30 by reciprocity to applicants from states having commensurate requirements as provided in this chapter and which also grant reciprocal privileges to licensees of this State provided that an applicant shall have been in practice in that state for at least one year.
HISTORY: 1962 Code Section 56-357; 1952 Code Section 56-357; 1942 Code Section 5250-4; 1932 (37) 1552; 1980 Act No. 307, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-80. Annual renewal of license; discretion of board to fix or waive fee; forfeiture; reinstatement.

(a) The board may set and charge annually a fee for the renewal of a license and set the renewal fee for license holders not practicing in the State or for those inactive at a lower fee than for those practicing in the State. The board may waive the renewal fee for all licensees who are serving on active duty in the Armed Services of the United States at the time the fee is due.
(b) If the license renewal fee is not paid by the first of July of each year, or within sixty days from the mailing of notice by the board, whichever is later, the license shall automatically expire and be forfeited. Such license can only be reinstated upon payment of all sums due, and the board may assess such delinquent holder an additional sum not to exceed twenty-five percent of the amount due as a penalty.
HISTORY: 1962 Code Section 56-358; 1952 Code Section 56-358; 1942 Code Section 5250-3; 1932 (37) 1552; 1980 Act No. 307, Section 9.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-85. Volunteer chiropractor license authorizing care of needy and indigent.

(A) The South Carolina Board of Chiropractic Examiners is authorized to issue a special volunteer license for chiropractors who wish to devote their expertise exclusively to providing chiropractic care to the needy and indigent in South Carolina. The board will waive all application fees, examination fees, and annual registration fees for any chiropractor licensed in accordance with this section.
(B) The board shall promulgate regulations outlining the qualifications for the issuance of a special volunteer license.
HISTORY: 1994 Act No. 338, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-90. Grounds for revocation or suspension of licenses.

Misconduct which constitutes grounds for a revocation, suspension or other restriction of a license or other discipline of a licensee shall be based upon a satisfactory showing to the board of any of the following:
(1) That any false, fraudulent or forged statement has been used, or any fraudulent, deceitful or dishonest act has been practiced by the holder of a license in connection with any of the licensing requirements.
(2) That the holder of a license is addicted to alcohol or drugs to such a degree as to render him unfit to practice chiropractic.
(3) That the holder of a license has been convicted of the illegal or unauthorized practice of chiropractic.
(4) That the holder of a license has knowingly performed any act which in any way assists an unlicensed person to practice chiropractic.
(5) That the holder of a license has sustained any physical or mental disability which renders further practice by him dangerous to the public.
(6) That the holder of a license has violated the code of ethics or regulations as adopted by the State Board of Chiropractic Examiners.
(7) That the holder of a license is guilty of engaging in any dishonorable, unethical or unprofessional conduct that is likely to deceive or harm the public.
(8) That the holder of a license is guilty of the use of any false or fraudulent statement in any document connected with the practice of chiropractic.
(9) That the holder of a license is guilty of obtaining fees or assisting in obtaining such fees under dishonorable, false or fraudulent circumstances.
(10) That the holder of a license has intentionally violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation or conspiring to violate any provisions or terms of the laws of chiropractic practice.
(11) That the holder of a license is guilty of the commission of any act, during the course of practice conducted pursuant to a license issued under this chapter, that constitutes fraud, dishonest dealing, illegality, incompetence or gross negligence.
In addition to all other remedies and actions provided for in this chapter, the license of any chiropractor adjudged mentally incompetent by any court of competent jurisdiction shall be automatically suspended by the board until he is adjudged by the court or in any other manner provided by law as being restored to mental competency.
HISTORY: 1962 Code Section 56-359; 1952 Code Section 56-359; 1942 Code Section 5250-5; 1932 (37) 1552; 1980 Act No. 307, Section 11.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-95. Investigations and proceedings.

For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the board deems relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application by the board, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry.
Whenever the board has sufficient evidence that any person is violating any provision of this chapter, it may, in addition to all other remedies, order such person to immediately desist and refrain from such conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from such conduct. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 may issue a temporary injunction ex parte, and upon notice and full hearing may issue any other order in the matter it deems proper. No bond shall be required of the board by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 as a condition to the issuance of any injunction or order contemplated by the provisions of this section.
HISTORY: 1980 Act No. 307, Section 12; 1993 Act No. 181, Section 866.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-97. Privileged communications; immunity.

Every communication, whether oral or written made by or on behalf of any person or firm to the board or any person designated by it to investigate or otherwise hear matters relating to the revocation, suspension or other restriction on a license or other discipline of a licensee, whether by way of complaint or testimony, shall be privileged; and no action or proceeding, civil or criminal, shall lie against any such person or firm by or on whose behalf such communication shall have been made by reason thereof, except upon proof that such communication was made with malice.
No provision of this chapter shall be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law, nor to prohibit the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.
HISTORY: 1980 Act No. 307, Section 12.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 9 - Chiropractors And Chiropractic › Section 40-9-110. Penalties.

It shall be unlawful for any person to practice chiropractic in violation of the provisions of this chapter, and any person violating any provisions thereof shall upon conviction be fined not more than five hundred dollars or imprisoned for a period not to exceed thirty days, or both, at the discretion of the court. Each violation shall constitute a separate offense. The provisions of this section shall apply to any person or firm aiding or abetting in any violation of this chapter.
HISTORY: 1962 Code Section 56-360; 1952 Code Section 56-360; 1942 Code Section 5250-7; 1932 (37) 1552; 1980 Act No. 307, Section 13.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-05. Application of Chapter 1; conflicts.

Unless otherwise provided for in this chapter, Chapter 1 of Title 40 applies to fire sprinkler systems regulated or administered, or both, by the South Carolina Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Chapter 1 of Title 40, the provisions of this chapter control.
HISTORY: 2005 Act No. 177, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 10 - Fire Protection Sprinkler Systems Act › Section 40-10-10. Administration of act.

The Fire Protection Sprinkler Systems Act must be administered by the South Carolina Contractor's Licensing Board which, in its authority over the fire sprinkler industry, shall protect the health, safety, and welfare of the public through the regulation of businesses and individuals who identify, assess, and provide work to individuals or other legal entities through the administration and enforcement of this chapter and any regulation promulgated under this chapter and Chapter 1 of Title 40. The purpose of this act is to assure the people of South Carolina that fire protection sprinkler systems are being installed and maintained by individuals or fire sprinkler contractors that are properly licensed and qualified to engage in the planning, sale, installation, repair, alteration, addition, maintenance, testing, or inspection of these systems.
HISTORY: 2005 Act No. 177, Section 1.