reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-230. Applicant for license to practice specialty must be licensed to practice dentistry.

Before an applicant can be licensed to practice a specialty, he must first have been licensed to practice dentistry in the State.
HISTORY: 1962 Code Section 56-636.23; 1952 Code Section 56-602; 1945 (44) 363; 1968 (55) 2502.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-240. Application for license to practice specialty.

Every person who desires to obtain a license to practice a specialty of dentistry shall apply therefor to the board in writing and upon blanks prepared and furnished for the purpose not less than forty-five days before the board meets.
HISTORY: 1962 Code Section 56-636.25; 1962 Code Section 56-605; 1952 Code Section 56-605; 1945 (44) 363; 1968 (55) 2502.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-250. Examinations for licensing as specialists.

Examinations for licensing as specialists are held annually or as the board may determine. The examinations must be theoretical and practical. The theoretical examinations shall include subjects represented in that recognized special area of dentistry in which the applicant desires to specialize. The examination must be given either orally or in writing, or by requiring a practical demonstration of the applicant's skill, or by any combination of the methods as the board may require. The fee for the examinations and special license is prescribed in the regulations of the board. Any applicant who fails to pass the examination may apply for a subsequent examination, in which case he shall pay to the secretary a fee prescribed in the regulations of the board for each subsequent examination. A diplomate of a national certifying board recognized by the American Dental Association may be granted a specialty license without examination by the board after satisfactory completion of the application and submission of fees applicable to other applicants. A dentist now holding a valid South Carolina specialty license is not required to be reexamined for that specialty license after April 13, 1968.
HISTORY: 1962 Code Section 56-636.26; 1952 Code Sections 56-606, 56-607; 1945 (44) 363; 1966 (54) 2672; 1968 (55) 2502; 1986 Act No. 363, Section 13.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-260. Issuance, recording, and reregistration of license to practice speciality.

The board, upon satisfactory proof that the applicant has satisfied the then current educational requirements as set forth by the American Dental Association for ethical announcement of a practice limited to that specialty and has complied with all requirements of the board, may issue a license to such a dentist authorizing him to hold himself out or announce to the public that he is a specialist in, limits his practice to, or gives special attention to such recognized special area of the dental profession. Such special license shall be reregistered in the same manner as provided in this chapter for a license to practice dentistry.
HISTORY: 1962 Code Section 56-636.24; 1952 Code Section 56-604; 1945 (44) 363; 1968 (55) 2502; 1981 Act No. 117, Section 5.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-265. Intern or resident authorized to provide treatment under supervision.

An intern or a resident enrolled in an oral surgery training program at an accredited institution of higher education is authorized to treat conditions required by the training program under the supervision of a licensed physician or licensed dentist. This treatment may include prescribing appropriate drugs or services, as provided by law, under the supervision of a licensed physician or licensed dentist. A pharmacist licensed in this State may fill a prescription issued by an intern or resident during the course of a training program provided in this section.
HISTORY: 2011 Act No. 35, Section 1, eff June 7, 2011.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-270. Reciprocity for dentists and dental hygienists licensed in other states.

The board may grant licenses to licensees of other states who are members of regional testing services of which the board is also a member without further examination and may make all necessary regulations and agreements for the reciprocal recognition of licenses issued by other states.
HISTORY: 1962 Code Section 56-636.27; 1952 Code Section 56-561; 1942 Code Section 5206; 1932 Code Section 5206; 1922 (32) 844; 1966 (54) 2672; 1968 (55) 2502; 1981 Act No. 117, Section 6.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-275. License by credentials; requirements.

(A) The board may issue a license by credentials to an applicant who has been licensed to practice dentistry in any state or territory of the United States if the applicant complies with the provisions of Regulation 39-1 B. and produces evidence satisfactory to the board that the applicant has:
(1) satisfactorily passed a state or regional clinical board examination approved by the board and a jurisprudence examination on the laws of this State and regulations as they relate to the practice of dentistry as approved by the board and administered in the English language;
(2) a current license to practice dentistry issued by another state or United States territory that is not revoked, suspended, or restricted;
(3) been actively practicing dentistry for a minimum of five years immediately preceding the date of application. "Actively practicing" means working a minimum of twelve hundred hours a year in a private practice or public health or military clinical setting or the combination of twelve hundred hours a year of clinical instructing at a Commission on Dental Accreditation approved dental school and private practice;
(4) completed seventy hours of continuing education over the past five years;
(5) not been the subject of any final or pending disciplinary action in the military or in any state or territory in which the applicant has held any other professional license;
(6) no felony convictions and no other criminal convictions that would affect the applicant's ability to render competent dental care;
(7) signed a release allowing the disclosure of information from the National Practitioner Data Bank and the verification of registration status with the federal Drug Enforcement Administration;
(8) agreed to submit to substance abuse testing if requested by the board;
(9) agreed, upon request of the board, to provide proof that the applicant has no physical or psychological impairment that would adversely affect his or her ability to practice dentistry with reasonable skill and safety.
(B) The board may conduct examinations and interviews to test the qualifications of an applicant and may require additional information to ascertain the applicant's ability to render competent dental care including, but not limited to, requiring substance abuse testing or proof that no physical or psychological impairment exists that would adversely affect the applicant's ability to practice dentistry with reasonable skill and safety. The board may refuse to issue a license by credentials to an applicant who the board determines is unfit to practice dentistry.
(C) If a licensee has not established an active practice in this State within two years of receiving a license by credentials, the license is automatically revoked.
(D) In order to provide the means of carrying out and enforcing the provisions of this section and the duties of the board, the board is authorized to charge and collect fees as established in regulation.
HISTORY: 2005 Act No. 92, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-280. "Prescription" defined; form and contents of prescription.

"Prescription" means a written order for dental technological work which has been issued by a licensed dentist. A prescription must be in a form prescribed by the board in regulation and must contain:
(1) the name, address, and certificate number of the individual or organization to do the work;
(2) identification of the patient by name or number;
(3) the date on which the authorization was written;
(4) a description of the work to be done, with diagrams, if necessary;
(5) a specification of the type and quality of materials to be used;
(6) the dentist's signature, complete address, and state license number.
HISTORY: 1962 Code Section 56-636.28; 1968 (55) 2502; 2008 Act No. 295, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-290. Work authorization required for work performed off dentist's premises; retention of copy; effect of failure to write and retain.

A dentist ordering dental technological work to be performed off his premises shall issue therefor a work authorization. A copy of each work authorization shall be retained in a file by the issuing dentist for a period of at least three years. The work authorization copy shall be available for inspection by the board, or its duly authorized agents, on the premises during such period. Any dentist who fails to write and retain the above written work authorization or refuses to allow the board, or its duly authorized agents, to inspect the same, will be subject to the revocation or suspension of his license as herein provided.
HISTORY: 1962 Code Section 56-636.29; 1968 (55) 2502.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-300. Possession of prosthetic or orthodontic model, impression, or appliance unlawful without work authorization.

No person other than a licensed dentist, a student in an accredited dental school, or the recipient patient shall have in his possession any prosthetic or orthodontic model, impression, or appliance on which dental technological work has been, is being, or will be performed without having in his possession a properly executed written work authorization therefor. The board has authority to inspect the premises of any person licensed or registered by the board to insure compliance with this section. Nothing in this section precludes a certified or qualified dental assistant or licensed dental hygienist from taking impressions for dental study casts under the direct supervision of a licensed dentist present on the premises.
HISTORY: 1962 Code Section 56-636.30; 1968 (55) 2502; 1986 Act No. 363, Section 14.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-310. Subwork authorizations for subcontractors.

If the person receiving a written work authorization from a licensed dentist engages another person to perform some of the dental technological work relative to such work authorization, he shall furnish a written subwork authorization with respect thereto. The subcontractor shall retain the subwork authorization and the issuer thereof shall retain a duplicate copy, attached to the work authorization received from a licensed dentist, for inspection by the board, or its duly authorized agents, on the premises for a period of three years.
HISTORY: 1962 Code Section 56-636.31; 1968 (55) 2502.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-320. Possession of prosthetic or orthodontic model, impression, or appliance without work authorization as prima facie evidence of violation.

Any dental prosthetic or orthodontic model, impression, or appliance in the possession of any person other than a dentist, a student at an accredited dental school, or recipient patient without a written work authorization and corresponding number or identification on the model, impression, or appliance must be impounded by the board and is prima facie evidence of violation of this chapter.
Nothing in this section precludes a certified or qualified dental assistant or licensed dental hygienist from taking impressions for dental study casts under the direct supervision of a licensed dentist present on the premises.
HISTORY: 1962 Code Section 56-636.32; 1968 (55) 2502; 1986 Act No. 363, Section 15.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-330. Return of appliance upon completion of dental technological work; retention of work authorization.

Upon completion of the dental technological work, the appliance shall be returned to the dentist by whom ordered or his office, the name or number of the written work authorization accompanying the invoice. Each work authorization or copy thereof shall be retained and filed by the person doing the dental technological work for a period of at least three years. The work authorization or copy thereof shall be available for inspection by the board, or its duly authorized agents, on the premises during such period.
HISTORY: 1962 Code Section 56-636.33; 1968 (55) 2502.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-340. Penalties for violations relating to work authorizations and for accepting dental technological work from general public.

(A) A person violating the provisions of this chapter relating to work authorizations is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months or both. Each day a violation occurs constitutes a separate offense.
(B) A person, other than a licensed dentist, who accepts dental technological work from the general public is considered to be practicing dentistry without a license and is subject to the penalties provided for in this chapter.
(C) The provisions of this chapter relating to work authorizations have no application where dental technological work is performed by or under the direction and control of a licensed dentist and on the licensed dentist's premises.
HISTORY: 1962 Code Section 56-636.34; 1968 (55) 2502; 1996 Act No. 295, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-360. Pharmacists permitted to fill prescriptions of licensed dentists.

Licensed pharmacists of this State may fill prescriptions of licensed dentists in this State for any drug to be used in dental practice.
HISTORY: 1962 Code Section 56-636.36; 1952 Code Section 56-502; 1942 Code Section 5219; 1932 Code Section 5219; 1922 (32) 844; 1968 (55) 2502.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-370. Injunctions; Office of Attorney General as representative of board.

The board may, in its own name, maintain a suit for an injunction against any person violating any provision of this chapter. The suit shall be commenced and prosecuted before an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 in the same manner as other suits in equity. An injunction may be issued without proof of actual damage sustained by any person. An injunction shall not relieve a person from criminal prosecution for violation of any provision of this chapter. The Office of the Attorney General of South Carolina shall, if requested by the board, represent the board in connection with legal proceedings undertaken pursuant to this chapter.
HISTORY: 1962 Code Section 56-636.37; 1968 (55) 2502; 1993 Act No. 181, Section 886.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-380. Jurisdiction of Administrative Law Court to enjoin violators of chapter.

An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 of this State is hereby vested with jurisdiction and power to enjoin any person violating this chapter in a proceeding brought by the board or by any citizen of this State.
HISTORY: 1962 Code Section 56-636.38; 1968 (55) 2502; 1993 Act No. 181, Section 887.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-420. Staff must be certified in cardiopulmonary resuscitation and the basic life support level; training; continuing education.

(A) All dental staff who provide direct, hands-on patient care must be certified in cardiopulmonary resuscitation and the basic life support level by a board-approved training course. The certification must have been received in the immediately preceding two years.
(B) The operating dentist shall provide training for staff with hands-on patient care commensurate with the level and mode of sedation administered. This training must be documented and available for inspection by the department upon request.
(C) The dentist must include four hours in pharmacology, anesthesia, emergency medicine, or sedation every two years as part of the continuing educational requirements of this chapter.
HISTORY: 2014 Act No. 222 (S.1036), Section 2, eff January 1, 2015.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-430. Presence of trained personnel required; recovery and discharge.

(A) For minimal sedation and moderate sedation, at least one person trained in Basic Life Support for Healthcare Providers must be present in addition to the dentist.
(B) For deep sedation/general anesthesia, at least two support personnel adequately trained in Basic Life Support for Healthcare Providers must be present in addition to the dentist. If the same individual administering the deep sedation/general anesthesia is performing the dental procedure, one of the additional appropriately trained team members must be designated for patient monitoring.
(C) During recovery and discharge the dentist must determine and document whether the patient:
(1) has stable vital signs, is mentally alert, and has stable levels of oxygenation, ventilation, circulation, and temperature;
(2) has a minimum of one adequately trained support personnel who must be present with the patient;
(3) is fully recovered from anesthetic drugs before discharged to the care of a responsible adult available to provide assisted care to the patient;
(4) support personnel assists the patient into the vehicle transporting him from the facility; and
(5) written postoperative instructions are given to and are reviewed with the patient and the adult responsible for the patient.
HISTORY: 2014 Act No. 222 (S.1036), Section 2, eff January 1, 2015.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-440. Written notification of changes.

A dentist shall give written notice to the board at least thirty days before he may relocate, add to, or significantly change a facility where procedures under this chapter are performed.
HISTORY: 2014 Act No. 222 (S.1036), Section 2, eff January 1, 2015.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 15 - Dentists, Dental Hygienists, And Dental Technicians › Section 40-15-450. Patient records; health records.

(A) A dentist shall:
(1) maintain timely, legible, accurate, and complete patient records; and
(2) timely provide these records to the patient, another dentist, or a designated medical professional in response to a lawful request for the records by the patient or his legal representative or designee.
(B) A dental practice must have a procedure for initiating and maintaining a health record for every patient evaluated or treated. For procedures requiring patient consent, there must be an informed consent documented in the patient record.
(C) The health record of a patient required under subsection (B) must include appropriate information to:
(1) identify the patient, support the diagnosis, and justify the treatment;
(2) identify the procedure code or suitable narrative description of the procedure; and
(3) document the outcome and required follow-up care.
(D) If moderate sedation or deep sedation/general anesthesia is provided, the health record of a patient also must include documentation of:
(1) patient weight;
(2) type of anesthesia used;
(3) type and dosage of drugs administered, if any;
(4) fluid administered, if any;
(5) a record of vital signs monitoring;
(6) patient level of consciousness during the procedure;
(7) duration of the procedure;
(8) complications related to the procedure or anesthesia, if any; and
(9) time-oriented anesthesia record.
HISTORY: 2014 Act No. 222 (S.1036), Section 2, eff January 1, 2015.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 18 - Private Security And Investigation Agencies › Section 40-18-20. Definitions.

As used in this chapter, unless the context otherwise requires, the term:
(A) "Private investigation business" means engaging in business or accepting employment to obtain or furnish information with reference to the:
(1) identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person;
(2) location, disposition, or recovery of lost or stolen property;
(3) cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property; or
(4) securing of evidence to be used in a criminal or civil proceeding, or before a board, an administrative agency, an officer, or investigating committee.
(B) "Security business" means the provision of personnel whose duties include watching over, protecting, or defending people or property against intrusion, damage, injury, or loss, and specifically includes, but is not limited to, the following authorities or responsibilities: to allow or refuse access to property or certain areas of property; detect, prevent, or report entry by unauthorized persons; observe for and react to hazards or hazardous situations; observe for and react to violations of law or policy; observe for and react to emergencies; observe for and react to thefts or other incidents; apprehend or report intruders or trespassers; and maintain order or discipline.
(1) "Contract security business" means engaging in the security business by providing private patrol, watchman, guard, security, or bodyguard service for a fee.
(2) "Proprietary security business" means employing security officers who are assigned to security duties on the employer's property.
(C) "Security officer" means a person who provides security service by performing any security function, as detailed in this chapter.
(D) "SLED" means the South Carolina Law Enforcement Division.
(E) "Uniform" means clothing displaying a badge, emblem, insignia, indicia, or print identifying the wearer as a security officer.
HISTORY: 2000 Act No. 372, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 18 - Private Security And Investigation Agencies › Section 40-18-30. Powers and duties of South Carolina Law Enforcement Division (SLED).

(A) The Chief of SLED has the following powers and duties as they relate to the practice of security businesses:
(1) to determine the qualifications of applicants for licenses or registration under this chapter;
(2) to promulgate regulations necessary to carry out this chapter;
(3) to investigate alleged violations of this chapter and regulations promulgated by SLED;
(4) to establish and enforce standards governing the safety and conduct of persons licensed and registered under this chapter;
(5) to provide, with the advice and consent of the South Carolina Criminal Justice Academy, for the curriculum, training, and certification of training officers, and to approve the curriculum utilized by licensees for the training of their security officers to ensure that security officers have the requisite knowledge and skills necessary to carry out their duties in the private security business. The fee for the training of security company training officers must be determined by the designated training facility and be retained by the facility to defray the costs of conducting the training; and
(6) to certify and register company training officers.
(B) The Chief of SLED has the following powers and duties as they relate to the practice of private investigation businesses:
(1) to determine the eligibility of applicants for licenses and registration under this chapter;
(2) to investigate alleged violations of this chapter and regulations promulgated by SLED;
(3) to promulgate regulations necessary to carry out this chapter; and
(4) to require training necessary to provide for competent delivery of services to the public;
(C) SLED must keep a record of all information received from other states and the United States Department of Justice pertaining to criminal identification systems. SLED must cooperate with other jurisdictions in criminal identification.
(D) Fingerprint cards submitted to SLED pursuant to Sections 40-18-50, 40-18-60, 40-18-70, and 40-18-100 must be submitted by SLED to the Federal Bureau of Investigation to facilitate a national criminal records check of the applicant.
HISTORY: 2000 Act No. 372, Section 1; 2002 Act No. 339, Section 31; 2006 Act No. 317, Section 6; 2008 Act No. 335, Section 11.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 18 - Private Security And Investigation Agencies › Section 40-18-40. Licenses to operate security or private investigation business; transferability; surrender on termination of business or change of ownership.

Licenses to operate security or private investigation businesses are the property of SLED and are not transferable. Licenses must be surrendered immediately to SLED upon the termination of a business or upon a change of ownership, possession, or control of a corporation or business entity. The transfer of twenty-five percent or more of corporate stock is considered a change in ownership.
HISTORY: 2000 Act No. 372, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 18 - Private Security And Investigation Agencies › Section 40-18-90. Use of temporary employees for special events; notice of use; fees.

Notwithstanding any other provision of this chapter, a person who holds a security business license may use temporary employees for special events without registering the temporary employees if the temporary employment does not exceed ten days in a calendar year and the employees have no arrest authority and are not armed during the employment. The names, addresses, and birth dates of the temporary employees, along with the identity and date of the special event for which they are to be employed, must be furnished to SLED at least five days prior to the commencement of the special event, along with a fee of five dollars for each temporary employee.
HISTORY: 2000 Act No. 372, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 18 - Private Security And Investigation Agencies › Section 40-18-100. Security Weapons Permits; Security Concealed Weapons Permits.

(A) SLED may grant a Security Weapons Permit to carry a particular type of firearm to a person who is at least twenty-one years of age, is eligible to possess firearms, and is licensed or registered as a security officer. Application for the permit must be made on forms approved by SLED and the fee must be set by SLED regulation. An applicant must submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by SLED. Fingerprint cards submitted to SLED pursuant to this section must be used to facilitate a national criminal records check, as required by Section 40-18-30. The permit is for one year and application for renewal must be on a form approved by SLED. The permit renewal must specifically reauthorize the type of firearm to be used by the permittee.
(B) No person may be issued a Security Weapons Permit and no permit may be renewed until the applicant or registered person has presented to SLED proof of proficiency, as determined by SLED, in the use of the type of firearm issued or authorized by his employer.
(C) A person issued a Security Weapons Permit in accordance with this section may only carry a firearm in an open and fully-exposed manner while in uniform and performing security duties or while in a vehicle enroute directly to or from a security post or place of assignment.
(D) SLED in its discretion may issue a Security Concealed Weapons Permit to a registered security officer to carry, whether concealed or not, a firearm about his person, even though he is not in uniform or on duty if SLED determines that the additional permit would enable the permittee to better perform his assigned duties. The authority conveyed by the permit may be restricted by SLED, and violation of these restrictions constitutes a violation of Section 40-18-130.
HISTORY: 2000 Act No. 372, Section 1; 2002 Act No. 339, Section 36.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 18 - Private Security And Investigation Agencies › Section 40-18-110. Authority and arrest powers of those licensed or registered under chapter.

A person who is registered or licensed under this chapter and who is hired or employed to provide security services on specific property is granted the authority and arrest power given to sheriff's deputies. The security officer may arrest a person violating or charged with violating a criminal statute of this State but possesses the powers of arrest only on the property on which he is employed.
HISTORY: 2000 Act No. 372, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 18 - Private Security And Investigation Agencies › Section 40-18-120. Development of guidelines for reciprocal agreements with other states.

SLED may adopt guidelines which permit the Chief of SLED to enter into reciprocal agreements with other states for the recognition of registration certificates or licenses issued to security officers or private investigators in the reciprocal states.
HISTORY: 2000 Act No. 372, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 18 - Private Security And Investigation Agencies › Section 40-18-140. Exceptions from application of chapter.

This chapter does not apply to:
(1) an officer or employee of the federal government, or of this State or a political subdivision of either, or of a municipal corporation while the employee or officer is engaged in the performance of official duties;
(2) a person or firm engaged as a consumer reporting agency, as defined by the Federal Fair Credit Reporting Act, when gathering, processing, or reporting information directly related to a credit rating or credit status;
(3) an attorney-at-law while in the performance of his duties; or
(4) a person, as defined by Section 38-1-20(29), licensed or authorized by the Director of Insurance to transact business within the State, when performing duties directly related to that license or authorization.
HISTORY: 2000 Act No. 372, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 18 - Private Security And Investigation Agencies › Section 40-18-150. Violation of chapter; penalty.

A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.
HISTORY: 2000 Act No. 372, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-5. Application of chapter; conflicts of law.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to embalmers and funeral directors; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-10. Board of Funeral Service; creation; membership; conduct of business by positive majority vote.

There is created the South Carolina State Board of Funeral Service consisting of eleven members appointed by the Governor from the State at large for terms of three years and until their successors are appointed and qualify. Of the eleven members, two must be members from the general public not connected with a funeral service establishment, and the remaining members must have been licensed as funeral directors and embalmers for at least five years immediately preceding their appointment and must be actively employed or actively engaged in the funeral service profession. All members must have been residents of this State for not fewer than five years preceding the date of their appointment.
The South Carolina Funeral Directors Association may recommend six members, the South Carolina Morticians Association may recommend three members, and an individual or private or public group or organization may make recommendations. All recommendations must be made to the Governor before the second of July in each year the term of office of a member expires. Appointments are effective on August fifteenth. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. The board shall notify the South Carolina Funeral Directors Association and the South Carolina Morticians Association of any vacancies that occur.
Any business conducted by the board must be by a positive majority vote. For purposes of this subsection "positive majority vote" means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time.
HISTORY: 1998 Act No. 380, Section 1; 2002 Act No. 322, Section 3.
Editor's Note
Prior Laws:1955 (49) 550; 1962 Code Section 56-652; 1965 (54) 518; 1968 (55) 2706; 1971 (57) 327; 1973 (58) 787; 1983 Act No. 146, Section 1; 1984 Act No. 459, Section 1; 1976 Code Section 40-19-20.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-30. Required licenses; permit restrictions regarding unlicensed persons; exemption.

It is unlawful for a person to engage in the practice of funeral service unless the person is licensed in accordance with this chapter. A person who engages or participates actively in directing or in the management of a funeral establishment is considered to be in the practice of funeral service.
No permit to operate a funeral home may be issued to a corporation, partnership, or individual when the name of an unlicensed person appears in the name of the corporation, partnership, or individually owned business. This prohibition does not apply to established funeral homes existing prior to July 1, 1969.
HISTORY: 1998 Act No. 380, Section 1.
Editor's Note
Prior Laws:1955 (49) 550; 1962 Code Section 56-662; 1969 (56) 925; 1973 (58) 787; 1983 Act No. 146, Section 1; 1976 Code Section 40-19-130.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-50. Administrative and fiscal activities of board to be provided by Department of Labor, Licensing and Regulation.

The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
HISTORY: 1998 Act No. 380, Section 1.
Code Commissioner's Note
At the direction of the Code Commissioner, reference to Section 41-1-50 was changed to Section 40-1-50.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-60. Adoption of rules and regulations.

The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.
HISTORY: 1998 Act No. 380, Section 1.
Editor's Note
Prior Laws:1955 (49) 550; 1962 Code Section 56-658; 1971 (57) 327; 1983 Act No. 146, Section 1; 1990 Act No. 592, Section 2; 1991 Act No. 70, Section 1; 1976 Code Section 40-19-90.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-70. Powers and duties in addition to those in this chapter.

In addition to the powers and duties provided for in this chapter, the board also has those powers and duties set forth in Section 40-1-70.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-80. Inspector to be hired by board; qualifications.

The board shall employ an inspector who must be a licensed embalmer and funeral director with not fewer than five consecutive years' experience as a licensee under this chapter.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-90. Investigation results; presentation to board; procedures for hearing.

The results of an investigation must be presented to the board, and any subsequent hearing must be conducted in accordance with Section 40-1-90.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-100. Restraining orders and other equitable relief.

In addition to other remedies provided for in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-120. Board authority to take disciplinary action.

In addition to the sanctions the board may impose against a person pursuant to this chapter, the board also may take disciplinary action against a person as provided for in Section 40-1-120.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-130. Grounds for denial of license may be same as for disciplinary action.

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-150. Voluntary surrender of license by licensee being investigated.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter voluntarily may surrender the license in accordance with Section 40-1-150.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-170. Costs of investigation and prosecution; authority to require payment by violator.

A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-180. Collection and enforcement provisions for costs and fines.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-190. Confidentiality of proceedings and communications.

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190.
HISTORY: 1998 Act No. 380, Section 1.
Editor's Note
Prior Laws:1983 Act No. 146, Section 1; 1976 Code Section 40-19-170.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-200. Violations of chapter; submission of false licensing information; penalties.

A person who practices or offers to practice funeral service 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 fined not less than five hundred dollars or more than twenty-five hundred dollars or imprisoned for not more than six months, or both.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-210. Petition by department for injunctive relief.

The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-235. Licensure requirements of applicant holding valid license in another state.

A person holding a valid embalmer or funeral director license in another state or territory having substantially similar requirements to the requirements of this chapter may apply for a license to practice in this State by submitting the appropriate nonrefundable fee, an application on a board-approved form, and a board-certified statement from the state or territory in which the person holds the license and has successfully taken and passed that state law exam. The board may approve an applicant who presents evidence of licensure in another jurisdiction, even though that jurisdiction does not require substantially similar requirements, upon a showing that the applicant has engaged in the licensed practice of funeral service for at least five years and the applicant has achieved a passing score on an examination approved by the board.
HISTORY: 2002 Act No. 322, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-240. Apprentices; application; certificate; periodic reporting; eligibility for licensure; sponsor limitations.

(A) A person desiring to become an apprentice funeral director or embalmer shall apply to the board on forms provided by the board. The applicant must be at least eighteen years of age, shall take the oath contained on the application form, and shall submit a fee established by the board in regulation. If the board is satisfied as to the qualifications of an applicant, the board shall issue a certificate of apprenticeship. If an apprentice wishes to engage in an apprenticeship with a person licensed as a funeral director or embalmer, a request must be submitted to the board. If permission is granted and the apprentice leaves the apprenticeship of the licensee in whose service the apprentice has been engaged, the licensee shall give the apprentice an affidavit showing the length of time served. The affidavit must be filed with the board. If the apprentice subsequently desires to continue the apprenticeship, the apprentice must apply to the board as provided for in this subsection.
(B) A certificate of apprenticeship must be signed by the apprentice, the licensee, and the manager of the establishment in which the apprenticeship is to be served and is renewable twenty-four months after registration for twelve months, by payment of a renewal fee established by the board in regulation. A certificate may not be renewed more than three times. The registration of an apprentice who is actually engaged in the military service may be held in abeyance for the duration of service, and the apprentice may be relieved of the payment of renewal fees and penalties.
(C) An apprentice quarterly shall report to the board on forms provided by the board indicating the work which has been completed during the preceding three months. The report must be certified by the licensee under whom the apprentice has served.
(D) Before an apprentice is eligible to receive a license for the practice of funeral service, evidence required by this chapter must be submitted to the board showing that the apprentice has completed successfully the educational requirements set forth in Section 40-19-230. Affidavits also must be submitted from the licensees under whom the apprentice worked showing that as an apprentice embalmer the apprentice has assisted in the embalming of at least fifty bodies or that as an apprentice funeral director the apprentice has assisted in conducting at least fifty funerals, during apprenticeship. Eligibility for licensure is determined by the board based upon the reports filed with the board pursuant to subsection (C).
(E) Only two apprentices at a time are permitted to register under any one person licensed as a funeral director or embalmer. Each sponsor for a registered apprentice must be actively connected with a funeral establishment.
HISTORY: 1998 Act No. 380, Section 1.
Editor's Note
Prior Laws:1955 (49) 550; 1962 Code Section 56-660; 1983 Act No. 146, Section 1; 1976 Code Section 40-19-120.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-245. Student permits to engage in practice of funeral service.

(A) Upon registration with the South Carolina State Board of Funeral Service, the board shall issue a student permit authorizing the student to engage in the practice of funeral service if:
(1) the student is enrolled in an accredited mortuary science college or mortuary science college or a program in the process of seeking accreditation in South Carolina;
(2) the funeral service activities in which the student engages are in conjunction with the student's academic training; and
(3) the student's funeral service activities are under the supervision of a licensee designated by an accredited mortuary science college in South Carolina.
(B) The board shall promulgate regulations to implement the provisions of this section.
HISTORY: 1998 Act No. 404, Section 1.