reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-50. Powers and duties of board.

(A) In addition to the powers and duties enumerated in Section 40-1-50, the board shall:
(1) at the first meeting of the board in each calendar year, elect a president and vice-president from its membership. A majority of the appointed members of the board constitutes a quorum. Regular meetings must be held four times a year. Special meetings may be held upon the call of the president or any two members of the board.
(2) have a seal and the impression must be attached to all official documents issued by it. The board shall keep a full record of all its proceedings and maintain a complete registry of all Licensed Social Workers.
(B) The board may promulgate regulations necessary to carry out the provisions of this chapter.
HISTORY: 2002 Act No. 189, Section 1.
Editor's Note
Prior Laws:1982 Act No. 453, Section 3; 1988 Act No. 568, Section 1; 1976 Code Section 40-63-20.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-80. Power to subpoena witnesses, take evidence, and require production of documents.

For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.
HISTORY: 2002 Act No. 189, Section 1.
Editor's Note
Prior Laws:1968 (55) 2800; 1982 Act No. 453, Section 2; 1988 Act No. 568, Section 1; 1993 Act No. 181, Section 944; 1976 Code Section 40-63-30.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-100. Equitable relief; cease and desist order; temporary restraining order.

(A) In addition to other remedies provided for in this chapter or Chapter 1, Title 40, 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.
(B) If the board has reason to believe that a person is violating or intends to violate a provision of this chapter, it may, in addition to all other remedies, order the person to desist immediately and refrain from the 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 the conduct. The judge may issue a temporary injunction ex parte not to exceed ten days 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 the judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.
HISTORY: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-110. Grounds for disciplinary action; misconduct; mental incompetence.

(A) The board may revoke, suspend, publicly reprimand, or otherwise restrict the practice or discipline a licensee when it is established that the licensee is guilty of misconduct as defined in this chapter.
(B) Misconduct, which constitutes grounds for revocation, suspension, or restriction of practice or limitation on, reprimand, or other discipline of a licensee is a satisfactory showing to the board that:
(1) a false, fraudulent, or forged statement or document has been used or a fraudulent, deceitful, or dishonest act has been practiced by the licensee in connection with a license requirement;
(2) the licensee has been convicted of a felony or any other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction;
(3) the licensee violated a regulation, directive, or order of the board;
(4) the licensee has knowingly performed an act which in any way assists a person to practice social work illegally;
(5) the licensee has caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a social worker;
(6) the licensee practiced social work while under either the influence of alcohol or drugs to such a degree as to adversely affect his ability to practice;
(7) the licensee uses alcohol or drugs to such a degree as to adversely affect the licensee's ability to practice social work;
(8) the licensee has sustained any physical or mental impairment or disability which renders further practice by the licensee dangerous to the public;
(9) the licensee has violated the principles of professional ethics or standards of conduct as adopted by the board and promulgated in regulations;
(10) the licensee is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;
(11) the licensee is guilty of the use of any intentionally false or fraudulent statement in any document connected with the practice of social work;
(12) the licensee has been found by the board to lack the professional competence to practice social work;
(13) the licensee has engaged in sexual contact with a current client or with a former client during a period of three years after the termination of the therapeutic relationship;
(14) the licensee has compromised the validity or security of licensure examinations required or recognized by the board;
(15) the licensee has engaged in unprofessional conduct as determined by the board.
(C) In addition to all other remedies and actions incorporated in this chapter, the license of a social worker adjudged mentally incompetent by a court of competent jurisdiction is automatically suspended by the board until the licensee is adjudged competent by a court of competent jurisdiction.
HISTORY: 2002 Act No. 189, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1600.8; 1988 Act No. 568, Section 1; 1990 Act No. 452, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-120. Revocation or suspension of license; fines.

Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, as provided for in Section 40-63-100 or 40-1-110, the board may impose sanctions as provided in Section 40-1-120, including suspension, restriction, or revocation of a license and may impose a fine of not more than five thousand dollars for each violation.
HISTORY: 2002 Act No. 189, Section 1.
Editor's Note
Prior Laws:1988 Act No. 568, Section 1; 1993 Act No. 181, Section 945.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-130. Licensure denial; grounds.

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: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-150. Voluntary surrender of license.

As provided for in Section 40-1-150, a licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license.
HISTORY: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-170. Costs of investigation and prosecution.

As provided for in Section 40-1-170, a person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case.
HISTORY: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-180. Costs and fines; collection and enforcement.

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: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-190. Disclosure of client information.

No licensee, or any of his or her employees or associates, shall disclose information which he or she may have acquired during the course of service, except:
(1) as mandated by Section 63-7-310, requiring certain professionals to report suspected child abuse and neglect, and Section 43-35-85, requiring certain professionals to report suspected abuse, neglect, or exploitation of a vulnerable adult;
(2) to prevent a clear and immediate danger to a person or persons, in cases where the information is necessary to prevent the client from causing harm to himself or herself or to others;
(3) where the licensee is a defendant in a civil, criminal, or disciplinary action arising from the course of service to the client in which case confidences may be disclosed only in the course of that action;
(4) where the client is a party in a criminal or civil proceeding, and the client introduces his mental condition as an element of a claim or defense;
(5) where there is a waiver of confidentiality previously obtained in writing, such information may be disclosed in accordance with the terms of the waiver. Competent clients, or their personal representatives, may consent to the release of confidences. In circumstances where more than one person receives services conjointly, each client who is legally competent to execute a waiver must agree to the waiver referred to in this subsection. Without a waiver from each client legally competent to execute a waiver, no confidences may be disclosed under this subsection;
(6) where otherwise required by law or an order signed by a judge of a court of competent jurisdiction.
HISTORY: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-200. Unauthorized practice; penalty.

(A) A person who practices or offers to practice as a social worker in this State in violation of this chapter or a regulation promulgated under this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
(B) A person violating any other provision of this chapter or a regulation promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
HISTORY: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-210. Civil penalties; injunctive relief.

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Section 40-1-210, providing for civil actions through the Administrative Law Court for injunctive relief as provided in other sections of this chapter.
HISTORY: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-220. Licensure requirements; Baccalaureate Social Worker.

To be licensed as a Baccalaureate Social Worker, an applicant must:
(1) have submitted a written application in the form prescribed by the board;
(2) be at least twenty-one years of age;
(3) be of good moral character;
(4) have received a baccalaureate degree in social work from a program accredited by a nationally recognized accrediting body for social work programs, or from a social work program whose standards are at least equivalent to the minimum standards required by the nationally recognized accrediting body approved by the board;
(5) have successfully passed an examination prescribed by the board;
(6) have paid all applicable fees specified by the board.
HISTORY: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-230. Licensure requirements; Masters Social Worker.

To be licensed as a Masters Social Worker, an applicant must:
(1) have submitted a written application in the form prescribed by the board;
(2) be at least twenty-one years of age;
(3) be of good moral character;
(4) have received a masters or doctorate degree in social work from a program accredited by a nationally recognized accrediting body for social work programs, or from a social work program whose standards are at least equivalent to the minimum standards required by the nationally recognized accrediting body as approved by the board;
(5) have successfully passed an examination prescribed by the board;
(6) have paid all applicable fees specified by the board.
HISTORY: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-250. Issuance of license; display; indication of title on documents; renewal; lapse.

(A) If an applicant satisfies all licensure requirements required in this chapter, the board may issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensed social worker while the license remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board.
(B) A licensee under this chapter must display the license in a prominent and conspicuous place in the primary place of practice.
(C) A licensee under this chapter must indicate his or her category of licensure following his or her name or signature on all professional documents.
(D) Licenses issued under this chapter must be renewed every two years upon the payment of a renewal fee and upon the fulfillment of continuing education as determined by the board in regulation.
(E) Any licensee who allows his license to lapse by failing to renew the license as provided in this section may be reinstated by the board upon satisfactory explanation by the licensee of his failure to renew his license and upon payment of a reinstatement fee and the current renewal fee to be determined by the board. If a license has lapsed for more than one year, the board may impose further educational requirements for reinstatement. If a license has lapsed for more than two years, the person must reapply for licensure. Any person practicing as a social worker during the time that his license has lapsed has engaged in unlicensed practice and is subject to penalties provided for in Section 40-63-30.
HISTORY: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-260. Applicants licensed in another jurisdiction; licensure; equivalent designations recognized.

(A) In order for a social worker currently licensed in another jurisdiction to obtain a license as a social worker in this State, the applicant must:
(1) have submitted a written application in the form prescribed by the board;
(2) be at least twenty-one years of age;
(3) be of good moral character;
(4) have received a baccalaureate, masters, or doctorate degree in social work from a program accredited by a nationally recognized accrediting body for social work programs, or from a social work program whose standards are at least equivalent to the minimum standards required by the nationally recognized accrediting body as approved by the board;
(5) have successfully passed an examination prescribed by the board;
(6) have presented to the board evidence that all social work licenses possessed by the applicant are current and in good standing;
(7) have presented to the board proof that no professional licenses granted to the applicant in any other state have been suspended, revoked, or restricted for any reason except nonrenewal or for the failure to obtain the required continuing education; and
(8) have paid all applicable fees specified by the board.
(B) An applicant for licensure under this section is only eligible for licensure at the equivalent designation recognized in the jurisdiction in which he or she is currently licensed.
HISTORY: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-270. Patient notification; professional disclosure and statement of rights; prescribing or dispensing medications.

(A) A licensee shall make available to each client a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, fee schedule, educational training, and areas of specialization. All social workers subject to this chapter must provide the client with a statement of their rights and procedures to file a complaint prescribed by the board.
(B) No licensee may engage in prescribing or in dispensing medications.
HISTORY: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-280. Promulgation of regulations; standards of conduct; practice of impaired licensees.

The Board of Social Work Examiners may promulgate regulations setting forth standards of conduct for persons licensed by the board and may establish regulations pertaining to the practice of impaired licensees.
HISTORY: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-290. Persons exempt from licensure requirement.

Nothing in this chapter prevents:
(1) members of the clergy and licensed, registered, certified, or qualified professionals including, but not limited to, physicians, elementary or secondary teachers, nurses, psychologists, licensed professional counselors, licensed marriage and family therapists, and licensed psychoeducation specialists and attorneys from practicing their professions and delivering similar services within the scope of their respective practices provided they do not hold themselves out to the public by any title or description as being social workers;
(2) employees of licensed hospitals in this State from performing services commonly within the definition of social work if the services are performed within the course of and scope of their employment as an employee of the hospital, and the employee is not identified in any way as a social worker;
(3) persons from rendering services that are the same as or similar to those within the scope of practice provided for in this chapter if the person receives no remuneration from any source for the rendering of the service and the person is not identified in any way as a social worker;
(4) students who are engaged in field placements or other closely supervised practice while enrolled in accredited programs of study leading to social work degrees from practicing social work;
(5) employees of the State of South Carolina from performing services commonly within the definition of social work if the services are performed within the course of and scope of their employment with the State, and if he has been specifically trained to perform these services and the employee is not identified in any way as a social worker;
(6) social workers so licensed in another jurisdiction may, after notice to the board, practice within the scope of their licenses during or immediately following a declared or recognized emergency for a period not to exceed sixty days.
HISTORY: 2002 Act No. 189, Section 1.
Editor's Note
Prior Laws:1988 Act No. 568, Section 1; 1976 Code Section 40-63-130.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-300. Severability.

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter 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 chapter, the General Assembly hereby declaring that it would have passed this chapter, 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: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-5. Application of other provisions to this chapter.

Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to professional soil classifiers regulated pursuant to this chapter.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-10. Administration of chapter; department is agency of licensure; appointment and membership of advisory council; qualifications of council members.

(A) The department shall serve as the agency of licensure for professional soil classifiers and shall administer the provisions of this chapter.
(B) The department shall appoint an advisory council of five qualified professional soil classifiers, who must have the qualifications required in Section 40-65-30, to recommend licensure for those applicants eligible to become licensed soil classifiers and to recommend certification for those applicants eligible to become a soil-classifier-in-training. Each member of the council must be a professional soil classifier who has been actively engaged in the practice of soil classifying for a period of at least ten years and must have been in responsible charge of soil classification for at least six years.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
Editor's Note
Prior Laws: 1962 Code Sections 56-1546.32, 56-1546.33; 1974 (58) 2828; 1993 Act No. 181, Section 946; 1976 Code Sections 40-65-20, 40-65-30.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-30. Licensure as professional soil classifier; certification as soil-classifier-in-training; qualifications.

(A) A person must not practice or offer to practice professional soil classifying in this State unless the person is licensed to practice under the provisions of this chapter.
(B) To be eligible for licensure as a professional soil classifier or to be certified as a soil-classifier-in-training, an applicant must be of good character and reputation and shall submit a written application to the department containing information the department may require.
(C) To be licensed as a professional soil classifier an applicant must have:
(1) fifteen or more semester hours of approved soil courses as recognized by the department;
(2) successfully passed an examination in the principles and practice of soil classifying as prescribed by the department;
(3) completed two or more years of training under the supervision of a registered or licensed soil classifier or someone who meets the minimum academic and experience requirements of a licensed soil classifier; and
(4) one of the following additional qualifications:
(a) a bachelor's degree or equivalent in a curriculum approved by the department and two years or more of experience of a grade and character which indicates to the department that the applicant is competent to practice soil classifying;
(b) a bachelor's degree or equivalent in one of the natural sciences and six years or more of experience in soil classifying work of a character and grade which indicates to the department that the applicant is competent to practice soil classifying;
(c) a soil-classifier-in-training certificate with two years' or more experience as a soil-classifier-in-training of a grade and character which indicates to the department that the applicant is competent to practice soil classifying; or
(d) employment as an extension specialist, researcher, or teacher of soils in a college or university and has two or more years of soil classifying experience of a character and grade which indicates to the department that the applicant is competent to practice soil classifying.
(D) To be certified as a soil-classifier-in-training, which certification is valid for two years, an applicant must have:
(1) a bachelor's degree or equivalent in a curriculum approved by the department and have passed an examination in the fundamentals of soil classification; or
(2) completed a curriculum not approved by the department, have passed an examination in the fundamentals of soil classification, and have four years of soil classification experience, of which two years must be under the supervision of a registered or licensed soil classifier or someone who meets the minimum academic and experience requirements of a licensed soil classifier.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
Editor's Note
Prior Laws: 1962 Code Sections 56-1546.40, 56-1546.42, 56-1546.43; 1974 (58) 2828; 1989 Act No. 99, Sections 1, 2; 1993 Act No. 181, Section 946; 1976 Code Sections 40-65-100, 40-65-120, 40-65-130.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-32. Application form for licensure or certification.

Applications for licensure as a professional soil classifier and for certification as a soil-classifier-in-training must be on forms prescribed and furnished by the department.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
Editor's Note
Prior Laws: 1962 Code Section 56-1546.44; 1974 (58) 2828; 1993 Act No. 181, Section 946; 1976 Code 40-65-140.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-38. Renewal of license; requirements; reinstatement of license after lapse.

(A) A licensee shall file an application for renewal every two years on or before a date designated by the department. The application for renewal must include:
(1) current contact information;
(2) renewal fee;
(3) acceptable continuing education promulgated by the department in regulation, upon consultation with the advisory council; and
(4) other information the department may request.
(B) A licensee who allows a license to lapse by failing to renew, as provided for in subsection (A), may reinstate the license within three years from the date the license lapsed by filing a reinstatement application and paying the required fees. After three years from the date the licensed lapsed, the person must apply for a new license, meeting all requirements for licensure in effect at the time of applying.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
Editor's Note
Prior Laws: 1962 Code Section 56-1546.48; 1974 (58) 2828; 1993 Act No. 181, Section 946; 1976 Code Section 40-65-180.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-40. Exemptions.

This chapter must not be construed to prevent or affect:
(1) Persons engaged solely in teaching soil science or engaged solely in soil science research.
(2) Officers and employees of the United States, the State, and units of local government who practice soil science solely in the capacity of their office or employment.
(3) Officers and employees of companies engaged in the practice of soil science, when the officers and employees practice soil science solely in the capacity of their employment and who do not offer their services to the public for hire.
(4) The work of an employee or subordinate of a person holding a Professional Soil Classifier license under this chapter provided this work does not include final soil classifying decisions and is done under the supervision of and verified by a person holding a Professional Soil Classifier license.
(5) A professional wetlands specialist who applies soil science to make wetland delineations or determinations.
(6) A person who conducts soil sampling solely for the purpose of determining plant nutrient and lime application rates for gardening and for agricultural, horticultural, silvicultural, or related purposes.
(7) A person who practices another licensed trade or profession within the scope of that license.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010; 2012 Act No. 111, Section 1, eff February 1, 2012.
Editor's Note
Prior Laws: 1962 Code Section 56-1546.54; 1974 (58) 2828; 1989 Act No. 99, Section 4; 1993 Act No. 181, Section 946; 1976 Code Section 40-65-240.
Effect of Amendment
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-45. Persons eligible without examination.

An applicant otherwise qualified shall be admitted to registration as a professional soil classifier without examination if he holds a certificate of registration in the practice of soil classifying awarded on the basis of comparable qualifications and issued to him by a proper authority of another state, possession, or territory of the United States and who in the opinion of the department meets the requirements of this chapter.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
Editor's Note
Prior Laws:1962 Code Section 56-1546.41; 1974 (58) 2828; 1993 Act No. 181, Section 946; 1976 Code Section 40-65-110.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-50. Administration of program of soil classifiers.

The department shall administer the program of soil classifiers in accordance with Section 40-1-50, this chapter, and regulations promulgated pursuant to this chapter.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-60. Power of department to promulgate regulations, including code of ethics for licensees.

In addition to the powers provided for in Chapter 1, the department may promulgate regulations pursuant to the Administrative Procedures Act including, but not limited to, a code of ethics for licensees.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
Editor's Note
Prior Laws: 1962 Code Sections 56-1546.37, 56-1546.50; 1974 (58) 2828; 1993 Act No. 181, Section 946; 1976 Code Sections 40-65-70, 40-65-200.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-70. Power of department to seek injunctive relief.

In addition to the powers provided for in Chapter 1, the department may apply in the name of the State for relief by injunction to enforce the provisions of this chapter or to restrain any violation of this chapter. In these proceedings it is not necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation. The director, employees, or agents of the department may not be held personally liable for bringing an action pursuant to this section.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
Editor's Note
Prior Laws: 1962 Code Section 56-1546.37; 1974 (58) 2828; 1993 Act No. 181, Section 946.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-80. Investigative procedures; who may file complaint

Investigations must be conducted in accordance with Section 40-1-80. Any person may file a complaint, which must be in writing, alleging fraud, deceit, gross negligence, incompetence, misconduct, or violation of the code of ethics against a licensee or a person holding a certification.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-90. Omitted by 2010 Act No. 249, Section 2.A, eff June 11, 2010.

Editor's Note
Former Section 40-65-90 was entitled "Records of proceedings; admissibility" and was derived from 1962 Code Section 56-1546.39; 1974 (58) 2828; 1993 Act No. 181, Section 946.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-100. Cease and desist orders and equitable relief.

Cease and desist orders and equitable relief may be obtained in accordance with Section 40-1-100.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-110. Grounds for disciplinary action.

In addition to the grounds provided in Section 40-1-110, the advisory council may cancel, fine, suspend, revoke, or restrict the license or certification to practice soil classifying of a person who is guilty of:
(1) the practice of fraud or deceit in obtaining a license or certification;
(2) any gross negligence, incompetence, or misconduct in the practice of soil classifying;
(3) any felony or crime involving moral turpitude or violation of the code of ethics promulgated by the department in regulation.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
Editor's Note
Prior Laws: 1962 Code Section 56-1546.51; 1974 (58) 2828; 1993 Act No. 181, Section 946; 1976 Code Section 40-65-210.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-120. Appeal of advisory council decision.

A person aggrieved by a decision of the advisory council may file an appeal in accordance with the Administrative Procedures Act.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-130. Grounds for denial of licensure or certification.

As provided in Section 40-1-130, the department may deny licensure or certification to an applicant based on the same grounds for which the advisory council may take disciplinary action against a licensee or a holder of certification.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-140. Criminal record grounds for denial of license or certification.

A license or certification may be denied based on a person's prior criminal record only as provided in Section 40-1-140.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-150. Voluntary surrender of license or certification when under investigation for violation.

A licensee or a person holding a certification under investigation for a violation of this chapter or a regulation promulgated pursuant to this chapter may voluntarily surrender the license or certification in accordance with and subject to the provisions of Section 40-1-150.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-160. Omitted by 2010 Act No. 249, Section 2.A, eff June 11, 2010.

Editor's Note
Former Section 40-65-160 was entitled "Time and place of examinations; passing grade; reexamination" and was derived from 1962 Code Section 56-1546.46; 1974 (58) 2828; 1993 Act No. 181, Section 946.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-170. Person found in violation to pay costs of investigation and prosecution.

A person found in violation of this chapter or regulations promulgated pursuant to 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: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-180. Payment of cost and fine for violation.

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. No person against whom a cost or fine is levied is eligible for the issuance or reinstatement of a license or certification until the cost or fine has been paid in full.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-190. Confidentiality of investigations.

Investigations conducted pursuant to this chapter are confidential and all communications are privileged as provided in Section 40-1-190.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-200. Penalties.

A person who practices or offers to practice professional soil classifying in this State without being licensed in accordance with the provisions of this chapter or a person, firm, partnership, organization, association, corporation, or other entity using or employing the words "soil classifier" or "professional soil classifier", or any modification or derivative of these terms, in its name or form of business or activity, except as authorized in this chapter, or any person presenting or attempting to use the license of another, or any person who shall give any false or forged evidence of any kind to the department in obtaining or attempting to obtain a license or any person who shall falsely impersonate a licensee of like or different name, or any person who attempts to use an expired or revoked or nonexistent license, or who practices or offers to practice when not qualified, or any person who falsely claims that he is licensed under this chapter, or any person, partnership, corporation, or other entity who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three months. Each violation constitutes a separate offense. It is the duty of all constituted officers of the State and all political subdivisions of the State to enforce the provisions of this chapter and to prosecute any person violating this chapter.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-210. Department may institute civil action for injunctive relief, fine.

The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court, in the name of the State, for injunctive relief against a person violating this chapter, a regulation promulgated under this chapter, or an order of the advisory council. For each violation an administrative law judge may impose a fine of no more than ten thousand dollars.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
Editor's Note
Prior Laws: 1962 Code Section 56-1546.37; 1974 (58) 2828; 1993 Act No. 181, Section 946; 1976 Code Section 40-65-70.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-220. Severability.

If a provision of this chapter or the application of a provision of this chapter to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this statute which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-230, 40-65-240. Omitted by 2010 Act No. 249, Section 2.A, eff June 11, 2010.

Editor's Note
Former Section 40-65-230 was entitled "Practice limited to registered persons" and was derived from 1962 Code Section 56-1546.53; 1974 (58) 2828; 1993 Act No. 181, Section 946.
Former Section 40-65-240 was entitled "Exemptions" and was derived from 1962 Code Section 56-1546.54; 1974 (58) 2828; 1989 Act No. 99, Section 4; 1993 Act No. 181, Section 946.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 65 - Soil Classifiers › Section 40-65-260. Omitted by 2010 Act No. 249, Section 2.A, eff June 11, 2010.

Editor's Note
Former Section 40-65-260 was entitled "Penalties" and was derived from 1962 Code Section 56-1546.55; 1974 (58) 2828; 1993 Act No. 181, Section 946.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-5. Application of chapter; conflicts of laws.

Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to speech-language pathologists and audiologists. However, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
HISTORY: 1997 Act No. 96, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-10. Creation of Board of Examiners in Speech-Language Pathology and Audiology; purpose of board; membership; vacancies; oath.

(A) There is created the Board of Examiners in Speech-Language Pathology and Audiology under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the public through the regulation of professionals who identify, assess, and provide treatment, including dispensing and fitting appropriate devices to promote communication, for individuals with communication disorders through the administration and enforcement of this chapter and any regulations promulgated under this chapter.
(B) The Board of Examiners in Speech-Language Pathology and Audiology consists of five members: two speech-language pathologists, two audiologists, and one lay member. Each speech-language pathologist and audiologist must hold active and valid licenses issued under this chapter.
(C) All members must be appointed by the Governor with the advice and consent of the Senate. Nominations for appointment to the board may be submitted to the Governor from a group, individual, or association and must be considered in accordance with Section 40-1-45. Members shall serve terms of four years and until a successor has been appointed and qualifies.
(D) A vacancy on the board must be filled for the remainder of the unexpired term in the manner of the original appointment.
(E) The Governor may remove a member of the board in accordance with Section 1-3-240.
(F) Each member of the board, before entering upon the discharge of the duties of the office, shall take and file with the Secretary of State, in writing, an oath to perform properly the duties of the office as a member of the board and to uphold the Constitution of this State and the United States.
HISTORY: 1997 Act No. 96, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1549.1; 1973 (58) 773; 1994 Act No. 400, Section 1; 1976 Code Section 40-67-30.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-30. Licensure requirement for practice of speech-language pathology and audiology; supervision of interns and assistants.

No person may practice speech-language pathology or audiology without a license issued in accordance with this chapter. A speech-language pathology intern and a speech-language pathology assistant only may practice under the direct supervision of a speech-language pathologist, and an audiology intern only may practice under the direct supervision of an audiologist as specified by the board.
HISTORY: 1997 Act No. 96, Section 1; 2019 Act No. 34 (S.277), Section 2, eff May 13, 2019.
Editor's Note
Prior Laws:1962 Code Section 56-1549.3; 1973 (58) 773; 1976 Code Section 40-67-40.
Effect of Amendment
2019 Act No. 34, Section 2, in the second sentence, substituted "and a speech-language pathology assistant only may practice" for "or assistant may only practice" and "audiology intern only may practice" for "audiology intern may only practice".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-50. Repealed by 2014 Act No. 207, Section 1, eff July 1, 2014.

Editor's Note
Former Section 40-67-50 was titled Assessment, collection, and adjustment of fees and was derived from 1997 Act No. 96, Section 1; 2014 Act No. 167 (S.997), Section 2, eff May 16, 2014.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-60. Election of chairman, vicechairman and other officers; meetings; quorum; adoption of rules and procedures; seal; positive majority vote.

(A) The board annually shall elect from among its members a chairman, vicechairman, and other officers as the board determines necessary.
(B) The board shall meet quarterly and at other times upon the call of the chairman or a majority of the board.
(C) Three members of the board constitute a quorum; however, if there is a vacancy on the board, a majority of the members serving constitutes a quorum.
(D) The board shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings.
(E) The board may have and use an official seal bearing the name of the board.
(F) 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: 1997 Act No. 96, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-70. Additional powers and duties of board.

In addition to the powers and duties enumerated in Sections 40-1-70 through 40-1-100, the board shall:
(1) regulate the issuance of speech-language pathology and audiology licenses;
(2) promulgate regulations and establish policies and procedures necessary to carry out this chapter; and
(3) discipline licensees in any manner permitted by this chapter or under Sections 40-1-110 through 40-1-150.
HISTORY: 1997 Act No. 96, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-75. Responsibilities and supervision of speech-language pathology assistants.

A speech-language pathology assistant may adhere to the responsibilities within the scope for speech-language pathology assistants set forth by the American Speech-Language-Hearing Association. A speech-language pathologist supervising a speech-language pathology assistant may adhere to the guidelines for supervision of a speech-language pathology assistant set forth by the American Speech-Language-Hearing Association.
HISTORY: 2019 Act No. 34 (S.277), Section 1, eff May 13, 2019.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-80. Investigations; subpoena authority, taking evidence, and requiring production of documents or records.

For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.
HISTORY: 1997 Act No. 96, Section 1.