reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-200. Practice without license or with license obtained by submitting false information; penalty.

A person who practices or offers to practice medicine in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than fifty thousand dollars. Each violation constitutes a separate offense. The provisions of this chapter apply to a person or entity aiding and abetting in a violation of this chapter.
HISTORY: 2006 Act No. 385, Section 1.
Editor's Note
2005 Act No. 32, Section 7(B), provides as follows:
"(B) Upon approval by the Governor, this act takes effect July 1, 2005, for causes of action arising after July 1, 2005, except that as of this act's effective date, the State Treasurer shall relinquish the management of funds in the Patients' Compensation Fund, created pursuant to Section 38-79-420, to the Board of Governors of the fund, and premiums paid on or after this act's effective date must be deposited with the Board of Governors of the fund. The fund must be fully transferred to the Board of Governors, and the State Treasurer may not hold any deposits of the fund as of ninety days after this act's effective date."
Prior Laws:Cr. C. '22 Section 390; 1920 (31) 1004; Civ. C. '22 Section 2415; 1932 Code Section 5165; 1942 Code Section 5165; 1952 Code Section 56-1374; 1962 Code Section 56-1374; 1970 (56) 2371; 1976 Code Section 40-47-260.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-210. Civil action for injunctive relief against person or entity violating chapter; fines.

The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court for injunctive relief against a person or entity violating this chapter, a regulation promulgated pursuant to this chapter, or an order of the board. For each violation the administrative law judge may impose a fine of not more than ten thousand dollars.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-220. Severability.

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-510. Definitions.

As used in this article:
(1) "Board" means the Board of Medical Examiners of South Carolina.
(2) "Committee" means the Respiratory Care Committee which is established by this article as an advisory committee responsible to the board.
(3) "Respiratory care or respiratory therapy" means the allied health profession or specialty which provides educational, therapeutic, or diagnostic procedures utilized in the prevention, detection, and management of deficiencies or abnormalities, or both, of the cardiopulmonary systems.
(4) "Practice of respiratory care" may include, but is not limited to, the administration of pharmacologic, diagnostic, and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a physician; transcription and implementation of written or verbal orders of a physician pertaining to the practice of respiratory care; observing and monitoring the signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing including determination of whether such signs, symptoms, reactions, behavior, or general response exhibit abnormal characteristics and implementation, based on observed abnormalities or appropriate reporting, referral, respiratory care protocols or changes in treatment pursuant to the written or verbal orders of a person licensed to practice medicine under the laws of this State; or the initiation of emergency procedures under the regulations of the board or as otherwise permitted in this article. The practice of respiratory care may be performed in a clinic, hospital, skilled nursing facility, private dwelling, or other place considered appropriate or necessary by the board in accordance with the written or verbal order of a physician and must be performed under a qualified medical director.
(5) "Respiratory care practitioner" means a respiratory therapist or a respiratory therapy technician licensed to practice respiratory therapy who is a graduate of a school for respiratory therapy approved by the American Medical Association or a successor accrediting authority recognized as such by the board.
(6) "Medical director" means a physician licensed to practice medicine in South Carolina who has special interest and knowledge in the diagnosis, treatment, and assessment of respiratory problems. The practice of respiratory care or respiratory therapy must occur under the supervision of a qualified medical director. In the home care of cardiopulmonary patients, the existence of qualified physician sponsorship must be submitted and documented to the committee and approved by the board.
HISTORY: 1986 Act No. 403, Section 2; 1996 Act No. 223, Section 1. 1998 Act No. 280, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-520. Licensing requirement.

Individuals practicing as respiratory therapists and respiratory therapy technicians employed to provide respiratory therapy procedures for inpatients, outpatients, and home patients must be licensed in accordance with this article.
HISTORY: 1986 Act No. 403, Section 2; 1998 Act No. 280, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-530. Persons not subject to provisions of this article.

(A) This article does not affect:
(1) a person employed to provide respiratory care by the United States government if the person provides respiratory care solely under the direction or control of the organization by which the person is employed;
(2) a person actively pursuing a course of study leading to a degree or certificate in respiratory therapy in a program accredited by the American Medical Association or a successor accrediting authority recognized as such by the board if the activities and services constitute a part of a supervised course of study and if the person is designated by a title which clearly indicates the status of student;
(3) an individual or other health care professional who is licensed by the State or who has proven competency in one or more of the functions included in the definition of the practice of respiratory care as long as the person does not represent himself as a respiratory care practitioner. As it relates to respiratory care, individuals exempt pursuant to this section must provide proof of formal training for these functions which includes an evaluation of competence through a mechanism that is determined by the board and the committee to be both valid and reliable. The clinical assessment of artificial pressure adjuncts to the respiratory system may not be performed by any other person without proof of formal training and exemption by the board.
(4) a respiratory therapy student, active and in good standing, who may be employed and works under the direct supervision of a respiratory care practitioner and practices to the person's level of proven clinical competency as certified by a program approved by the American Medical Association or a successor accrediting authority recognized as such by the board;
(5) employees of durable medical equipment companies delivering and setting up respiratory equipment in an individual's home, pursuant to a written prescription by a physician, except that any instructions to the patient regarding the clinical use of the equipment, any patient monitoring, patient assessment or other procedures designed to evaluate the effectiveness of the treatment must be performed by a licensed respiratory care practitioner or other individual who is exempt by statute or regulation.
(B) Nothing in this article is intended to limit, preclude, or otherwise interfere with the practice of other persons and health providers formally trained and licensed by the appropriate agencies of this State.
HISTORY: 1986 Act No. 403, Section 2; 1996 Act No. 223, Section 2; 1998 Act No. 280, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-540. Respiratory Care Committee created; membership.

There is created the Respiratory Care Committee as an advisory committee to the board which consists of nine members to be appointed by the board. Five of the members must be respiratory care practitioners with at least five years' experience each, one member must be a consumer, and three members must be physicians who are licensed to practice in South Carolina who have special interest and knowledge in the diagnosis, treatment, and assessment of respiratory problems. All of the respiratory care practitioners must be certified except for the first members of the committee, who must be certified as soon after their appointment as possible. All organizations, groups, or interested individuals may submit recommendations to the board of at least two individuals for each position to be filled on the committee.
HISTORY: 1986 Act No. 403, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-550. Terms of committee members; appointment and removal; expenses.

The members shall serve for terms of four years and until their successors are appointed and qualify, except that initial terms of two practitioners, the consumer member, and one physician, are for two years. Vacancies must be filled in the manner of the original appointment for the unexpired portion of a term. The board, after notice and opportunity for hearing, may remove any member of the committee for neglect of duty, incompetence, revocation or suspension of certification, or other dishonorable conduct. Members of the committee shall receive mileage, subsistence, and per diem provided by law for members of state boards, commissions, and committees for each meeting attended. No member may serve more than one full four-year term consecutively, but he is eligible for reappointment two years from the date the full four-year term expires.
HISTORY: 1986 Act No. 403, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-560. Committee meetings; election of officers; recommendation, review, and approval of regulations.

The committee shall meet at least twice each year and at other times as its regulations provide. The quorum for meetings consists of five members with no more than three of these being respiratory care practitioners. At its initial meeting the committee shall elect from its membership a chairman, vice-chairman, and a secretary to serve for one-year terms. The committee may recommend regulations regarding respiratory care necessary to perform its duties which must be reviewed and approved by the board prior to adoption.
HISTORY: 1986 Act No. 403, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-570. Employment of additional staff by director.

The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15, may employ additional staff as necessary for the performance of its duties under this article.
HISTORY: 1986 Act No. 403, Section 2; 1993 Act No. 181, Section 923.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-580. Requirement that board receive and account for monies and pay them to State Treasurer.

The board shall receive and account for all monies collected under the provision of this article and shall pay the monies to the State Treasurer for deposit in the state general fund.
HISTORY: 1986 Act No. 403, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-590. Responsibilities of committee; investigatory powers of board.

(A) The committee shall evaluate the qualifications and supervise the examinations of applicants for licensure and shall make appropriate recommendations to the board.
(B) The board may issue subpoenas, examine witnesses, and administer oaths, and may investigate allegations of practices violating the provisions of this article.
(C) The committee:
(1) shall recommend regulations to the board relating to professional conduct to carry out the policy of this article including, but not limited to, professional licensure and the establishment of ethical standards of practice for persons holding a license to practice respiratory care or respiratory therapy in this State;
(2) shall conduct hearings and keep records and minutes necessary to carry out its functions;
(3) shall provide notice of all hearings authorized under this article pursuant to the Administrative Procedures Act;
(4) shall determine the qualifications and make appropriate recommendations regarding the issuance of licenses to qualified respiratory care practitioners;
(5) shall recommend to the board whether to issue or renew licenses under those conditions prescribed in this article;
(6) may recommend continuing professional education to the board;
(7) shall keep a record of its proceedings and a register of all persons licensed. The register shall show the name of every registrant and the registrant's last known place of employment and residence. The board annually shall compile and make available a list of respiratory care practitioners authorized to practice in this State. Any interested person may obtain a copy of this list upon application to the board and payment of an amount fixed by the board;
(8) shall make an annual report to the board containing an account of duties performed, actions taken, and appropriate recommendations;
(9) shall hear all disciplinary cases and recommend findings of fact, conclusions, and sanctions to the board. The board shall conduct a final order hearing at which it makes a final decision.
HISTORY: 1986 Act No. 403, Section 2; 1998 Act No. 280, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-600. Requirements for certification of respiratory care practitioners.

An applicant for licensure as a respiratory care practitioner shall file a written application on forms provided by the board showing to the satisfaction of the committee and the board that the applicant has successfully passed the entry-level examination given by the National Board for Respiratory Care, Inc., or other examination or requirement as the committee may administer or approve.
HISTORY: 1986 Act No. 403, Section 2; 1988 Act No. 541, Section 1; 1992 Act No. 422, Section 1; 1998 Act No. 280, Section 5.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-610. Licensure of practitioners of other states; educational and examination requirements.

(A) The board may license as a respiratory care practitioner, upon payment of the fee set by the board, an applicant who is a respiratory therapist or a respiratory therapy technician of another state, territory, or the District of Columbia, if the requirements were substantially equal to the requirements of this State as determined by the board;
(B) The committee initially shall waive the professional education and examination requirements and issue a license to any person who can demonstrate to the committee, through evidence verified under oath, that the person was employed as or actively performing the duties of a respiratory care practitioner in South Carolina in November and December of 1998; however, within three years of applying for initial licensure, the person must have complied with the educational and examination requirements provided for in Section 40-47-600. The applicants shall produce proof of high school graduation or the equivalent and shall apply within ninety days after public notification by the department.
HISTORY: 1986 Act No. 403, Section 2; 1998 Act No. 280, Section 6.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-620. Issuance of license by board.

The board shall issue a license to any person who meets the requirements of this article upon payment of the license fee.
HISTORY: 1986 Act No. 403, Section 2; 1998 Act No. 280, Section 7l.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-630. Grounds for disciplinary action; recommendations of committee as to disciplinary action; appeal.

(A) The committee may recommend to the board that it revoke, suspend, issue a public or private reprimand, or impose any other reasonable limitation or practice where the unprofessional, unethical, or illegal conduct of the respiratory care practitioner is likely to endanger the health, welfare, or safety of the public. This conduct includes a license:
(1) using any false, fraudulent, or forged statement or engaging in any fraudulent, deceitful, or dishonest act in connection with any of the certifying requirements;
(2) having an addiction to alcohol or drugs to such a degree as to render the licensee unfit to practice respiratory care;
(3) having been convicted of the illegal or unauthorized practice of respiratory care;
(4) knowingly performing an act which in any way assists an unlicensed person to practice respiratory care;
(5) having sustained any physical or mental disability which renders further practice by the licensee dangerous to the public;
(6) having violated the code of ethics or regulations as adopted by the committee and the board;
(7) guilty of engaging in any dishonorable, unethical, or unprofessional conduct that is likely to deceive or harm the public;
(8) guilty of the use of any false or fraudulent statement in any document connected with the practice of respiratory care;
(9) having intentionally violated or attempted to violate, directly or indirectly, or assisting in or abetting the violation or conspiring to violate any provisions of this article;
(10) guilty of the commission of any act, during the course of practice conducted pursuant to a license issued under this article, that constitutes fraud, dishonest dealing, illegality, incompetence, or gross negligence.
(B) The suspension, revocation, reprimand, or imposition of probationary conditions upon a respiratory care practitioner may be recommended by the committee to the board after a hearing is conducted in accordance with the Administrative Procedures Act. A transcribed record of the hearing must be made.
(C) A respiratory care practitioner aggrieved by a decision of the committee or board under this section may appeal the decision to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 on the record made before the committee or board.
HISTORY: 1986 Act No. 403, Section 2; 1993 Act No. 181, Section 924; 1998 Act No. 280, Section 9.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-640. Renewal and reinstatement of licenses.

(A) Licenses issued under this article are subject to annual renewal and expire unless renewed in the manner prescribed by the regulations of the committee. The committee may recommend additional requirements for license renewal which provide evidence of continued competency. The board may provide for the late renewal of a license upon payment of a late fee.
(B) An inactive license is subject to expiration and may be renewed as provided in this section, but renewal does not entitle the respiratory care practitioner, while the license remains inactive, to engage in the certified activity of respiratory therapy. If a certificate suspended on disciplinary grounds is reinstated, the respiratory care practitioner, as a condition of reinstatement, shall pay the renewal fee and any applicable late fee.
HISTORY: 1986 Act No. 403, Section 2; 1998 Act No. 280, Section 10.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-650. Fees.

The board and the committee shall prescribe fees in amounts recommended by the committee for:
(1) initial licensure, not to exceed two hundred dollars;
(2) renewal of license fee, not to exceed fifty dollars;
(3) late renewal fee, not to exceed double renewal fee.
The fees must be set in such an amount as to reimburse the State to the extent feasible for the cost of the services rendered by the board.
HISTORY: 1986 Act No. 403, Section 2; 1998 Act No. 280, Section 11.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-655. Limited license to practice respiratory care.

(A) Upon payment of a fee prescribed by the committee and approved by the board, the board may issue a limited license to practice respiratory care under the direct supervision of a licensed respiratory care practitioner to an applicant who presents written documentation, verified by oath, that the applicant is a graduate of or student of a respiratory care program approved by the American Medical Association or a successor accrediting authority recognized as such by the board. If a student, the applicant must be scheduled to graduate from this program within forty-five days of the date on which the limited license is to be issued.
(B) A limited license issued under this section is valid for a period of six months. Upon expiration of a limited license and payment of the fee prescribed by the committee and approved by the board, the board may renew the limited license once for a period of six months. A limited license must not be renewed more than twelve months from the date it was originally issued.
HISTORY: 1988 Act No. 337; 1988 Act No. 541, Section 3; 1996 Act No. 223, Section 3; 1998 Act No. 280, Section 12.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-660. Enforcement of article.

(A) It is unlawful for any person who is not licensed under this article to hold himself out as a respiratory care practitioner, respiratory therapist, or a respiratory therapy technician. A person who holds himself out or practices as a respiratory care practitioner without being licensed under this article, during a period of suspension, or after his certificate has been revoked by the board is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than ninety days, or both.
(B) For the purpose of an investigation or proceeding under this article, the board or a person designated by it may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of documents or records which the board considers relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to a 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, produce documentary evidence, and give other evidence concerning the matter under inquiry.
When the board has sufficient evidence that a person is violating any provisions of this article, it may, in addition to all other remedies, order the person to immediately desist and refrain from this 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 this conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.
(C) Every communication, whether oral or written, made by or on behalf of a 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, is privileged. No action or proceeding, civil or criminal, may lie against the person or firm for the communication except upon proof that the communication was made with malice.
(D) No provision of this article may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law nor prohibiting the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.
HISTORY: 1986 Act No. 403, Section 2; 1993 Act No. 181, Section 925; 1998 Act No. 280, Section 13.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-705. Definitions.

For purposes of this article:
(1) "Acupuncture" means a form of health care developed from traditional and modern oriental concepts for health care that employs oriental medical techniques, treatment, and adjunctive therapies for the promotion, maintenance, and restoration of health and the prevention of disease. The practice of acupuncture does not include:
(a) osteopathic medicine and osteopathic manipulative treatment;
(b) "chiropractic" or "chiropractic practice" as defined in Section 40-9-10; or
(c) "physical therapy" as defined in Section 40-45-20 or therapies allowed as part of the practice of physical therapy.
(2) "Auricular (ear) detoxification therapy" means the insertion of disposable sterile acupuncture needles into the five auricular acupuncture points stipulated by the National Acupuncture Detoxification Association protocol for the sole purpose of treatment of chemical dependency, detoxification, and substance abuse.
(3) "Board" means the State Board of Medical Examiners.
(4) "Committee" means the Acupuncture Advisory Committee as established by this article as an advisory committee responsible to the board.
(5) "NADA" means the National Acupuncture Detoxification Association.
(6) "NCAAOM" means the National Certification Commission for Acupuncture and Oriental Medicine.
(7) "ACAOM" means Accreditation Commission for Acupuncture and Oriental Medicine.
(8) "Auricular therapy" means the insertion of disposable needles into and limited only to the ear, to treat a limited number of conditions.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-710. Acupuncture Advisory Committee; membership; terms; filling vacancies; removal of members; meeting schedule; officers.

(A) There is established the Acupuncture Advisory Committee to be composed of five members to be appointed by the Board of Medical Examiners for terms of four years and until their successors are appointed and qualify. Three members must be licensed to practice acupuncture under this article; one of whom has practiced acupuncture for a minimum of three years; one member must be licensed to practice medicine under this chapter and may be an acupuncturist; and one member must be from the State at large. The advisory committee members shall receive mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions and have such responsibilities as provided for in this article and as the board may determine.
(B) Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The board, after notice and opportunity for hearing, may remove any member of the committee for negligence, neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. No member may serve more than two full four-year terms consecutively but may be eligible for reappointment four years from the date the last full four-year term expired.
(C) The committee shall meet at least two times yearly and at other times as may be necessary. Four members constitute a quorum. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairman, vice chairman, and secretary to serve for a term of one year.
(D) The committee shall receive and account for all monies under the provisions of this article and shall pay all monies collected to the board for deposit with the State Treasurer as provided for by law.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-715. Powers and duties.

(A) The committee may:
(1) recommend regulations to the board relating to professional conduct to carry out the provisions of this article including, but not limited to, professional certification and the establishment of ethical standards of practice for persons holding a license to practice as acupuncturists, auricular therapists, and auricular detoxification specialists in this State;
(2) recommend requirements to the board for continuing professional education acupuncturists, auricular therapists, and auricular detoxification specialists to the board;
(3) request and receive the assistance of state educational institutions or other state agencies and recommend to the board information of consumer interest describing the regulatory functions of the advisory committee and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies.
(B) The committee shall:
(1) conduct hearings and keep records and minutes necessary to carry out its functions;
(2) provide notice of all hearings authorized under this article pursuant to the Administrative Procedures Act;
(3) determine the qualifications and make recommendations regarding the issuance of licenses to qualified acupuncturists, auricular therapists, and auricular detoxification specialists;
(4) recommend to the board whether to issue or renew licenses under those conditions prescribed in this article;
(5) keep a record of its proceedings and a register of all licensees, including their names and last known places of employment and residence. The board shall annually compile and make available a list of acupuncturists, auricular therapists, and auricular detoxification specialists authorized to practice in this State. An interested person may obtain a copy of this list upon application to the board and payment of an amount sufficient to cover the cost of printing and mailing;
(6) report annually to the board on duties performed, actions taken, and recommendations made;
(7) hear disciplinary cases and recommend findings of fact, conclusions of law, and sanctions to the board. The board shall conduct a final hearing at which it shall make a final decision;
(8) perform such duties and tasks as may be delegated to the committee by the board.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-720. License to practice acupuncture; requirements and qualifications; temporary licenses.

(A) Each applicant for a license to practice acupuncture shall:
(1) submit a completed application as prescribed by the board;
(2) submit fees as provided for in Section 40-47-800;
(3) hold an active certification in acupuncture by the National Commission for the Certification of Acupuncturists and Oriental Medicine;
(4) be of good moral character;
(5) not have pled guilty or nolo contendere to or been convicted of a felony or crime of moral turpitude.
(B) The application must be complete in every detail before it may be approved. When the administrative staff of the board has reviewed the entire application for completeness and correctness, has found the applicant eligible, and the applicant has appeared before the committee or a designated board member, a temporary license may be issued. At the next committee meeting the entire application must be considered, and if qualified, the committee may recommend to the board that a permanent license be issued. If the committee declines to recommend issuance of a permanent license, the committee may extend or withdraw the temporary license.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-725. Licensing of current acupuncture practitioners.

(A)(1) An acupuncturist who is currently approved by the board to practice acupuncture in this State, who has remained in good standing, and who has successfully completed a nationally recognized clean needle technique course approved by the board must receive initial licensure under this article after submitting:
(a) a completed application as prescribed by the board;
(b) fees as provided for in Section 40-47-800.
(2) However, a license issued pursuant to subsection (A)(1) is only valid for two years. Thereafter for license renewal, the individual must hold an active certification from the National Commission for the Certification of Acupuncture and Oriental Medicine and satisfy the licensure and renewal requirements prescribed in this article.
(B) An individual who has continuously practiced acupuncture in this State since 1980, who has remained in good standing, must be issued a license and renewal licenses without meeting the requirements of this chapter after submitting:
(1) a completed application as prescribed by the board; and
(2) fees as provided for in Section 40-47-800.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-730. Licenses to perform auricular therapy; qualifications; temporary licenses.

(A) An applicant for a license to perform auricular therapy:
(1) must be twenty-one years of age;
(2) shall submit a completed application as prescribed by the medical board;
(3) shall submit fees as provided for in Section 40-47-800;
(4) shall provide evidence of certification as having been trained to utilize auricular points only, in addition to those utilized by a detoxification specialist;
(5) successful completion of a national certified program approved by the Acupuncture Advisory Committee and the State Board of Medical Examiners;
(6) successful completion of a Clean Needle Technique course approved by the board.
(B) The application must be complete in every detail before it may be approved. When the administrative staff of the board has reviewed the entire application for completeness and correctness, has found the applicant eligible, and the applicant has appeared before the committee or a designated board member, a temporary license may be issued. At the next committee meeting the entire application must be considered, and if qualified, the committee may recommend to the board that a permanent license be issued, if the committee declines to recommend issuance of a permanent license, the committee may extend or withdraw the temporary license.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-735. Licenses to perform auricular detoxification therapy; qualifications; temporary licenses.

(A) An applicant for a license to perform auricular detoxification therapy:
(1) must be at least twenty-one years of age;
(2) shall submit a completed application as prescribed by the board;
(3) shall submit fees as provided for in Section 40-47-800;
(4) shall have successfully completed a nationally recognized training program in auricular detoxification therapy for the treatment of chemical dependency detoxification and substance abuse, as approved by the board;
(5) shall have successfully completed a nationally recognized clean needle technique course approved by the board.
(B) The application must be complete in every detail before it may be approved. When the administrative staff of the board has reviewed the entire application for completeness and correctness, has found the applicant eligible, and the applicant has appeared before the committee or a designated board member, a temporary license may be issued. At the next committee meeting the entire application must be considered, and if qualified, the committee may recommend to the board that a permanent license be issued. If the committee declines to recommend issuance of a permanent license, the committee may extend or withdraw the temporary license.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-740. Licensing of current auricular therapists or auricular detoxification specialists.

(A) An auricular therapist or an auricular detoxification specialist who is currently approved by the board to practice in this State, who has remained in good standing, and who has successfully completed a nationally recognized clean needle technique course approved by the board must receive initial licensure under this article after submitting:
(1) a completed application as prescribed by the board;
(2) fees as provided for in Section 40-47-800.
(B) However, a license issued pursuant to subsection (A) is only valid for two years. Thereafter for license renewal the individual must have successfully passed a board-approved nationally recognized training program in auricular therapy or auricular detoxification and satisfy the licensure requirements prescribed in this article.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-750. Auricular therapy defined; supervision.

Auricular therapy may take place under the supervision of a licensed acupuncturist or a person licensed to practice medicine under this chapter. A treatment by an auricular therapist is strictly limited to inserting needles into the ear. Inserting needles anywhere else on the body is considered practicing acupuncture without a license.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-755. Auricular detoxification therapy defined; supervision.

Auricular detoxification therapy may take place under the direct supervision of a licensed acupuncturist or a person licensed to practice medicine under this chapter. A treatment by an auricular detoxification specialist is strictly limited to the five ear-point treatment protocol for detoxification, substance abuse, or chemical dependency as stipulated by NADA.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-760. Exempted activities.

This article does not apply to:
(1) the practice of acupuncture if it is an integral part of the program of study by students enrolled in an acupuncture education program under the direct clinical supervision of a licensed acupuncturist with at least five years of clinical experience and the program is accredited or is a candidate for accreditation or is actively seeking accreditation from ACAOM;
(2) a person employed as an acupuncturist or an auricular detoxification specialist by the United States Government if these services are provided solely under the direction or control of the United States Government.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-765. Grounds for revocation, suspension, or denial of license.

Misconduct constituting grounds for revocation, suspension, probation, reprimand, restrictions, or denial of a license must be found when an acupuncturist, auricular therapist, or auricular detoxification specialist:
(1) has knowingly allowed himself or herself to be misrepresented as a medical doctor;
(2) has filed or has had filed on his or her behalf with the board any false, fraudulent, or forged statement or documents;
(3) has performed any work assignment, task, or other activity which is outside the scope of practice of licensure;
(4) misuses alcohol or drugs to such a degree to render him or her unfit to practice;
(5) has been convicted of a felony or a crime involving moral turpitude or drugs;
(6) has sustained any physical or mental disability which renders further practice dangerous to the public;
(7) has engaged in any dishonorable or unethical conduct that is likely to deceive or harm patients;
(8) has used or made any false or fraudulent statement in any document connected with practice or licensure;
(9) has obtained or assisted another person in obtaining fees under dishonorable, false, or fraudulent circumstances;
(10) has violated or conspired with another person to violate any provision of this article;
(11) otherwise demonstrates a lack of the ethical or professional competence required to practice;
(12) has failed to refer to a licensed medical doctor or dentist, as appropriate, a patient whose medical condition should have been determined to be beyond their scope of practice; or
(13) continues to provide acupuncture, auricular detoxification therapy, or auricular therapy services to any patient who the licensee treats at least one time per month for three consecutive months, and has not demonstrated clinical improvement, unless the licensee provides the patient with written notice, on or before the expiration of the third month, that the patient may need to seek a medical diagnosis from a licensed medical doctor or dentist before continuing with acupuncture, auricular detoxification therapy, or auricular therapy services, unless the patient was referred to the licensee by a licensed medical doctor or dentist.
Upon a finding of misconduct, the board may impose any sanction that the board is otherwise authorized to impose for misconduct under this chapter.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-770. Inspections.

The board or a person designated by the board may make unscheduled inspections of any office or facility employing an acupuncturist or auricular detoxification specialist.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-775. Display of license.

A person who holds a license issued in accordance with this article and who is engaged in the active practice of acupuncture, or the active practice of auricular therapy or the active practice of auricular detoxification, shall display the license in an appropriate and conspicuous location in the person's place of practice.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-780. Renewal of licenses.

(A) An acupuncture license issued under this article must be renewed biennially if the person holding the license:
(1) submits a completed license renewal application as prescribed by the board;
(2) submits the applicable fees provided for in Section 40-47-800;
(3) is not in violation of this article at the time of application for renewal;
(4) fulfills requirements for continuing education and professional development, as prescribed by the board in regulation;
(5) remains actively certified by the NCCAOM.
(B) An auricular therapist or auricular detoxification specialist license issued under this article must be renewed biennially if the person holding the license:
(1) submits a completed license renewal application prescribed by the board;
(2) submits the applicable fees provided for in Section 40-47-800;
(3) is not in violation of this article or any regulation promulgated under this article at the time of application for renewal;
(4) fulfills requirements for continuing education and professional development as prescribed by the board in regulation;
(5) remains active in the practice of auricular therapy or auricular detoxification.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-785. Request for inactive status.

Under procedures and conditions established by the board, a license holder may request that his or her license be declared inactive. The licensee may apply for active status at any time and, upon meeting the conditions established by the board in regulation, may be declared active.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-790. Licensee not to hold himself or herself out as authorized to practice medicine.

No person licensed under this article may advertise or hold himself or herself out to the public as being authorized to practice medicine under this chapter.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-800. Licensing fees.

Fees for acupuncturist, auricular therapist, and auricular detoxification specialist licensure must be established and adjusted biennially in accordance with Section 40-1-50(D) to ensure that they are sufficient but not excessive to cover expenses including the total of the direct and indirect costs to the State for the operations of the committee:
(1) initial licensing fee;
(2) renewal of license fee;
(3) late renewal fee;
(4) reactivation application fee.
HISTORY: 2005 Act No. 10, Section 1.