reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 54 - Dealers In Precious Metals › Section 40-54-40. Dealer to keep records of certain purchases; identification of seller required; seller's identity not to be publicized.

(A)(1) Every dealer shall keep a book in which must be written at the time of any purchase of precious metal or precious or semiprecious stones or gems made from the general public, whether in bulk or manufactured form, the date of purchase, amount of money or other property exchanged for the metal, stones, or gems, the name, sex, race, age, address, and driver's license number of the person selling the items, articles, or things bought, and the number and nature and brand name of the items, articles, or things. Descriptions must include size, weight, patterns, or engraving or any unusual identification marks.
(2) If the seller does not have a driver's license, some other positive identification bearing his photograph and an identifying number may be substituted including:
(a) another form of identification containing a photograph and issued by the Department of Motor Vehicles;
(b) a passport;
(c) military identification containing a photograph and issued by the United States federal government; or
(d) a South Carolina voter registration card containing a photograph pursuant to Section 7-5-675.
(3) If the seller cannot produce a driver's license or other positive identification, the dealer may not buy any merchandise from him. Every dealer shall, at the time of purchase, obtain the signature of the seller as part of the recording of the transaction.
(B) The record book must be kept for three years and at all reasonable times must be open to the inspection of any judicial or law enforcement officials or their designees.
(C) The local law enforcement agency may not reveal a seller's identity supplied under this section except to other law enforcement agencies and prosecuting officials or pursuant to the valid order of a court or in the course of any criminal investigation or prosecution.
HISTORY: 1981 Act No. 147 Section 1; 1988 Act No. 413, Section 2; 2014 Act No. 292 (H.3149), Section 3, eff June 23, 2014.
Effect of Amendment
2014 Act No. 292, Section 3, added the subsection designators; in subsection (A)(1), deleted the prior last three sentences; and added subsections (A)(2) through (A)(3).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 54 - Dealers In Precious Metals › Section 40-54-50. Purchases from minors; retention period of precious metals purchased; goods subject to inspection.

(A) No dealer may purchase any precious metal from a minor unless accompanied by his parent or guardian with appropriate identification.
(B) All precious metals, except coins, purchased by a dealer must be held by the dealer at his permanent place of business or within the county of purchase in this State without being resold, melted, or altered in any manner, for a period of twenty-one days from the purchase date. All goods required to be held under this section must at all reasonable times be open to inspection by any law enforcement agency.
HISTORY: 1981 Act No. 147 Section 1; 2014 Act No. 292 (H.3149), Section 4, eff June 23, 2014.
Effect of Amendment
2014 Act No. 292, Section 4, in subsection (B), inserted ", except coins,"; substituted "within the county of purchase in this State" for "at another suitable location in the State of South Carolina"; inserted a comma after "melted"; substituted "twenty-one days" for "seven days"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 54 - Dealers In Precious Metals › Section 40-54-60. Permit required for possession of certain equipment.

Possession of equipment which has been used, or is being used for the melting, crushing or altering of the precious metals is unlawful unless possessed by a dealer with a valid permit as provided in Section 40-54-20.
HISTORY: 1981 Act No. 147, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 54 - Dealers In Precious Metals › Section 40-54-70. Civil liability of dealer to owner for knowingly purchasing stolen metal; reimbursement to dealer by owner under certain conditions.

Any dealer buying precious metal with knowledge that the metal has been stolen shall be liable to the lawful owner of such metal in an amount triple the fair market value of the stolen items, computed at the time of the theft, and shall be liable for a reasonable attorney's fee as the court in its discretion may award. This shall be a civil remedy and in addition to any other remedies provided by the law. Provided, any dealer, having purchased precious metal in compliance with the provisions of this chapter, such metal subsequently being shown to have been stolen by a member of the immediate family of the rightful owner, may demand reimbursement from the owner equal to the amount paid for the metal before returning the metal to the owner.
HISTORY: 1981 Act No. 147, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 54 - Dealers In Precious Metals › Section 40-54-80. Penalties.

(A) Any dealer wilfully violating the provisions of this chapter is guilty of a misdemeanor and upon conviction for a first offense must be fined not more than five hundred dollars, imprisoned for not more than ninety days, or both. A second offense conviction is punishable by a fine of not more than two thousand dollars, imprisonment for not more than one year, or both. A third or subsequent offense conviction is punishable by a fine of not more than five thousand dollars, imprisonment for not more than three years, or both. A dealer convicted of a second offense is ineligible for a permit to conduct business in precious metals in this State for at least two years and a dealer convicted of a third or subsequent offense is ineligible for a permit for a least five years.
(B)(1) In addition to the provisions of subsection (A), any dealer who wilfully makes a purchase with an invalid, suspended, or revoked license as a dealer of precious metals is guilty of a misdemeanor and upon conviction for a:
(a) first offense must be fined not more than five hundred dollars, imprisoned for not more than ninety days, or both;
(b) second offense must be fined not more than two thousand dollars, imprisoned for not more than one year, or both; and
(c) third offense must be fined not more than five thousand dollars, imprisoned for not more than three years, or both.
(2)(a) A dealer convicted of a second offense is ineligible for a permit to conduct business in precious metals in this State for at least two years; and
(b) a dealer convicted of a third offense is ineligible for a permit to conduct business in precious metals in this State for at least five years.
(3) A penalty under this section is cumulative to penalties in items (1) and (2).
HISTORY: 1981 Act No. 147 Section 1; 2014 Act No. 292 (H.3149), Section 5, eff June 23, 2014.
Effect of Amendment
2014 Act No. 292, Section 5, added subsection designator (A), rewrote subsection (A), and added subsection (B).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 54 - Dealers In Precious Metals › Section 40-54-90. Chapter preempts local ordinances regulating business of purchasing precious metals.

The provisions of this chapter shall regulate the business of purchasing precious metals in this State and shall preempt any ordinances passed by political subdivisions purporting to regulate such business.
HISTORY: 1981 Act No. 147 Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 54 - Dealers In Precious Metals › Section 40-54-100. Exempt transactions.

This chapter shall not apply to the following specific transactions:
(1) a transaction between dealers of precious metals where the selling dealer has already complied with the applicable holding period, nor shall they apply to transactions between coin dealers and coin collectors occurring at regularly scheduled numismatic conventions. However, this exemption only applies to transactions between coin dealers and coin collectors occurring at regularly scheduled numismatic conventions for the purchase of coins;
(2) the purchase of manufactured items bought directly from the manufacturer or his authorized representatives;
(3) the purchase of bulk precious metals brought directly from the commodity exchanges, banks, dealers or licensed brokers; and
(4) the use of a coin strictly as legal tender.
HISTORY: 1981 Act No. 147 Section 1; 2014 Act No. 292 (H.3149), Section 6, eff June 23, 2014.
Effect of Amendment
2014 Act No. 292, Section 6, in paragraph (1), substituted "applicable holding period" for "seven day holding period", and added the second sentence; added paragraph (4); and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-20. State Board of Examiners in Psychology.

There is hereby created a State Board of Examiners in Psychology to be composed of three clinical psychologists, two counseling psychologists, one school psychologist, one psychologist who is licensed in experimental, social, industrial/organizational or community psychology, and one lay member.
HISTORY: 1962 Code Section 56-1543.102; 1968 (55) 2412; 1982 Act No. 430, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-30. Appointment of members of board; terms; vacancies.

All members of the board shall be appointed by the Governor. The South Carolina Psychological Association, the South Carolina Academy of Professional Psychologists, the South Carolina Association of School Psychologists and any individual, group, or association may nominate qualified individuals to the Governor for his consideration. The board shall publish widely in the State notice of all pending vacancies to the board.
Members of the board shall be appointed for terms of five years each and until their successors are appointed and qualify. No member of the board shall be eligible for reappointment for a period of four years following the completion of his term.
Any vacancy shall be filled for the unexpired term only. The Governor may receive recommendations from any individual, group, or association for any vacancy.
HISTORY: 1962 Code Section 56-1543.103; 1968 (55) 2412; 1982 Act No. 430, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-40. Powers and duties of board.

The board shall:
(a) Annually elect a chairman and such other officers as it may deem necessary;
(b) Hold at least one regular meeting each year and such additional meetings as called by the chairman or upon written request of any two members;
(c) Adopt a seal which must be affixed to all licenses issued;
(d) Adopt from time to time such rules and regulations as it may deem necessary for the performance of its duties;
(e) Make an annual report according to the provisions of Chapter 73 of Title 40, Code of 1976; and
(f) Prescribe, pursuant to the Administrative Procedures Act, fees for application for examination, initial license, renewal of license, and late renewal.
Each member of the board may receive for his services and expenses such per diem and mileage as is provided by law for members of state boards, commissions, and committees.
All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any board source or activity shall be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall be credited to the General Fund of the State. All assessments, fees, or licenses shall be levied in an amount sufficient to at least equal the amount appropriated in the annual general appropriation act for the board, plus any additional funds allocated by the Department of Administration for implementation of the State's Personnel Compensation Plan.
HISTORY: 1962 Code Section 56-1543.104; 1968 (55) 2412; 1982 Act No. 430, Section 3.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-60. Code of ethics; limits of psychological practice; list of licensed psychologists.

The board may adopt the code of ethics for psychologists to govern the practices and conduct of psychologists licensed under this chapter. Whenever important aspects of a case fall outside the boundaries of the psychologist's competence, the psychologist shall consult appropriate specialists. A psychologist may not attempt to diagnose, prescribe for, treat, or advise a client with reference to complaints which are outside the limits of psychological practice as determined by the board. The board shall determine areas of specialization of the applicant to practice psychology and inform the applicant of its decision. The board shall publish a list of licensed psychologists which indicates areas of practice authorized by the board. The board shall have the authority to administer and participate in the "Psychology Interjurisdictional Compact (Psypact)" set forth in Article 3 of this chapter and to recognize and permit the authority to practice interjurisdictional telepsychology and temporary practice in South Carolina as established under such compact.
HISTORY: 1962 Code Section 56-1543.106; 1968 (55) 2412; 1988 Act No. 484, Section 1; 1994 Act No. 391, Section 1; 2022 Act No. 159 (H.3833), Section 3, eff May 13, 2022.
Effect of Amendment
2022 Act No. 159, Section 3, added the sixth sentence.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-70. Use of titles incorporating word "psychologist," or similar words; activities of unlicensed persons not prohibited.

It shall be unlawful for any person not licensed under this chapter to present himself or be presented to the public by any title incorporating the name "psychologist," "psychological," or "psychology," except that any psychological scientist employed by a recognized research laboratory, school, college, university, or governmental agency may represent himself by the academic or research title conferred by the administration of such firm, institution or agency; and except that a person may represent himself or have himself represented as a psychologist, providing he is a member of the American Psychological Association or of a regional association affiliated therewith or is eligible for such membership. Provided, nothing in this section shall be construed as permitting such persons to offer their services to the public or to accept remuneration for psychological services rendered to persons or organizations other than those firms, institutions or agencies from which they receive their salaries unless they have been licensed under this chapter. Provided, further, psychologists may receive fees for lectures presented outside their regular employment setting without being licensed.
Visiting lecturers from other states may also employ their academic or research titles or the designation "psychologist" providing that they are members of or eligible for membership in professional associations as stated in this section. Students of psychology, psychology interns and other persons preparing for the profession of psychologist in recognized training institutions or facilities may be designated by titles such as "psychological trainee," "psychological intern," and other terms clearly indicating their training status. Psychologically trained individuals who do not meet requirements for licensing as provided in Section 40-55-80 are permitted to render psychological services when under the direct supervision of a licensed psychologist who assumes professional responsibility for the competence of services rendered and who keeps the board informed of the nature and extent of such services under his supervision.
HISTORY: 1962 Code Section 56-1543.107; 1968 (55) 2412.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-85. Board to promulgate regulations for continuing education requirements.

The board shall promulgate regulations in accordance with the provisions of Chapter 23 of Title 1 (Administrative Procedures Act) implementing the requirements for continuing education which must be met by each person licensed as a psychologist under the provisions of this chapter. Each applicant for license renewal shall present evidence satisfactory to the board that he has met the continuing education requirements as set by the regulations.
HISTORY: 1990 Act No. 441, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-100. Examinations.

Examinations of applicants for a license to practice psychology shall be conducted by the board at least once a year. The examinations shall be written or oral or both. In any written examination such applicant shall be designated by a number instead of his name so that his identity shall not be disclosed to the members of the board until the examination papers have been graded. The board shall establish a passing score for the written examination. A candidate shall be held to have passed the oral examination upon the affirmative vote of a majority of board members currently serving. Any unsuccessful candidate shall receive written evaluation of his performance on the oral examination.
HISTORY: 1962 Code Section 56-1543.110; 1968 (55) 2412; 1982 Act No. 430, Section 6.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-110. Waiver of examination.

At its discretion the board may at any time waive the assembled examination and grant the appropriate license upon payment of the required fee to any person who meets the requirement of Section 40-55-80 and who is qualified by educational and professional attainments to the satisfaction of the board if it deems such action to be in the public interest. The board may also in its discretion grant a license without an assembled examination to any person residing or employed in the State who at the time of application is licensed or certified by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this chapter, or who has been practicing psychology in another state and has qualifications not lower than those required by this chapter, and is able to satisfy the board that to grant him a license would be in the public interest, or who has been certified by the American Board of Examiners in Professional Psychology. A person or firm of consultants not licensed in this State and nonresidents of this State who wishes to perform practices under the provisions of this chapter for a period not to exceed sixty days within a calendar year, must petition the board for a temporary permit to perform such practices. If the petitioner is licensed or certified in another state deemed by the board to have standards equivalent to those set forth in this chapter, a permit will be issued for a fee to be fixed by the board.
HISTORY: 1962 Code Section 56-1543.111; 1968 (55) 2412; 1978 Act No. 644, Part II, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-130. Complaint to board against licensed psychologist; investigation; accusation; notice; hearing; confidentiality of proceedings; privileged communications.

(A) The board shall receive complaints by any person against a licensed psychologist. Upon receipt of a complaint the chairman or the chairman's designee shall investigate the allegations of the complaint and make a report to the board concerning the investigation. If the board proceeds further, it may file a formal accusation charging the psychologist with a violation of a provision of this chapter. The accusation must be signed by the chairman or other officer on behalf of the board. When the accusation is filed, and the board sets a date for a hearing, the chairman shall notify the accused in writing, not less than thirty days before the hearing date, of the date fixed for the hearing and a true copy of the accusation must be attached to the notice. The accused may appear and show cause why his license should not be suspended, revoked, or restricted. The accused has the right to be confronted with and to cross-examine the witnesses against him and has the right to counsel. In instances where a board member has made the initial investigation of a complaint, the board member shall not sit with the board at the hearing of that complaint.
(B) Notice required by subsection (A) must be sent to the accused by certified mail, return receipt requested, directed to the last mailing address furnished to the board. The post office registration receipt signed by the accused, the accused's agent, or a responsible member of the accused's household or office staff or if not accepted by the person to whom addressed, the postal authority's stamp showing the notice "Refused", is prima facie evidence of service of the notice.
(C) All investigations and proceedings undertaken under the provisions of this chapter are confidential.
(D) Every communication, whether oral or written, made by or on behalf of a complainant to the board or its agents, or to a hearing panel or member of a hearing panel, pursuant to this section whether by way of complaint or testimony, is privileged; and no action or proceeding, civil or criminal, may be brought against a person by whom or on whose behalf the communication was made.
HISTORY: 1962 Code Section 56-1543.113; 1968 (55) 2412; 1982 Act No. 430, Section 7; 1994 Act No. 391, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-140. Immunity of board members, officers and employees for official acts; administration of oaths; subpoena power; final orders.

No member of the board, or its committees, special examiners, agents and employees shall be held liable for acts performed in the course of official duties except where actual malice is shown. For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board deems relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry.
Any final order of the board finding that a psychologist is guilty of any offense charged in a formal accusation shall become public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public shall be mailed to local and state psychological associations, and all hospitals with which the respondent is associated, states where the psychologist has a license as known to the board, and to any other source that the board wishes to furnish this information.
HISTORY: 1962 Code Section 56-1543.114; 1968 (55) 2412; 1982 Act No. 430, Section 8; 1993 Act No. 181, Section 927.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-150. Revocation or suspension of license or other disciplinary action; grounds.

(A) The board may revoke, suspend, or restrict the license or permit of a psychologist or reprimand a psychologist when it is established that the psychologist is guilty of misconduct. Misconduct is a satisfactory showing to the board that a license or permit holder:
(1) has used a false, fraudulent, or forged statement or document or has practiced a fraudulent, deceitful, or dishonest act in connection with a license requirement;
(2) has been convicted of a felony or other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere must be considered the equivalent of a conviction;
(3) practiced psychology while under the influence of alcohol or drugs to such a degree as to adversely affect the license or permit holder's ability to practice psychology;
(4) uses alcohol or drugs to such a degree as to adversely affect the license or permit holder's ability to practice psychology;
(5) has knowingly performed an act which in any way assists a person to practice psychology illegally;
(6) 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 psychologist;
(7) has sustained physical or mental impairment or disability which renders further practice by the license or permit holder dangerous to the public;
(8) has violated the principles of ethics as adopted by the board and published in its regulations;
(9) has engaged in conduct that is deceptive, fraudulent, or harmful to the public;
(10) is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;
(11) is guilty of the use of an intentionally false or fraudulent statement in a document connected with the practice of psychology;
(12) has been found by the board to lack the professional competence to practice psychology;
(13) has violated a provision of this chapter regulating the practice of psychology.
(B) In addition to all other remedies and actions incorporated in this chapter, the license of a psychologist adjudged mentally incompetent by a court of competent jurisdiction must be automatically suspended by the board until the psychologist is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
HISTORY: 1962 Code Section 56-1543.115; 1968 (55) 2412; 1982 Act No. 430, Section 9; 1994 Act No. 391, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-160. Disciplinary action by board; appeal.

If the board shall be satisfied that the psychologist is guilty of any offense charged in the formal accusation provided for in this chapter, it shall thereupon revoke or suspend his license, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose such restraint upon the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of such action shall then be mailed by the secretary of the board to the accused at his last known address as provided to the board.
Any decision by the board to revoke, suspend, or otherwise restrict the license shall be by majority vote and shall be subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon petition filed by the licensee with an administrative law judge thereof served upon the secretary of the board within thirty days from the date of delivery of the board's decision to the licensee. Such review shall be limited to the record established by the board's hearing.
HISTORY: 1962 Code Section 56-1543.116; 1968 (55) 2412; 1978 Act No. 644, Part II, Section 4; 1982 Act No. 430, Section 10; 1993 Act No. 181, Section 928.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-170. Penalties; injunctions.

(A) A person who practices or offers to practice psychology without being licensed as required by this chapter is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than one year. Upon reasonable investigation, the board shall refer all complaints which involve possible criminal violations of this chapter to the solicitor in the county where the violation occurred. A resident of the county in which a violation occurred may initiate injunction procedures to prevent the violation from continuing.
(B) Pursuant to Section 40-1-210, the board may in its own name maintain a suit for an injunction against a person who violates a provision of this chapter. The suit must be commenced and prosecuted before an administrative law judge as provided under Article 5, Chapter 23, Title 1. An injunction may be issued without proof of actual damage sustained by a person. An injunction may be issued in addition to any other sanctions provided for in this chapter and the injunction does not relieve a person from criminal prosecution as provided for in subsection (A). The South Carolina Department of Labor, Licensing and Regulation shall, if requested by the board, represent the board in connection with legal proceedings undertaken pursuant to this chapter.
HISTORY: 1962 Code Section 56-1543.117; 1968 (55) 2412; 1982 Act No. 430, Section 11; 1994 Act No. 391, Section 5; 1998 Act No. 396, Section 7.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-180. Areas of specialization.

The board shall determine areas of specialization of the applicant to practice psychology from one or more of the following areas: (1) clinical, (2) counseling, (3) industrial/organizational, (4) community, (5) school, (6) social, and (7) experimental psychology. The board shall inform the applicant of its decision and instruct the applicant to limit his professional activity and advertisement to the area assigned him.
HISTORY: 1982 Act No. 430, Section 12.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-190. Health insurer not required to provide or pay for services.

Nothing in this chapter may be construed to require a health maintenance organization, a self-funded plan, an accident and health insurer, or any other third party payor to provide services or to pay for services provided for in this chapter. If payment or reimbursement for these services is provided by a health maintenance organization, a self-funded plan, an accident and health insurer, or any other third party payor, the provisions of Section 38-71-200 apply.
HISTORY: 1998 Act No. 396, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-310. Purpose.

(A) The Psychology Interjurisdictional Compact (Psypact) is enacted into law and entered into by the State of South Carolina with any and all other states legally joining therein in the form substantially as follows.
(B) The following principles form the basis for Psypact:
(1) States license psychologists, in order to protect the public through verification of education, training, and experience and ensure accountability for professional practice.
(2) This compact is intended to regulate the day-to-day practice of telepsychology, i.e., the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority.
(3) This compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority.
(4) This compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists licensed in another state.
(5) This compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety.
(6) This compact does not apply when a psychologist is licensed in both the home and receiving states.
(7) While this compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice.
(C) Consistent with the principles set forth in subsection (B), this compact is designed to achieve the following purposes and objectives:
(1) increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state in which the psychologist is not licensed to practice psychology;
(2) enhance the states' ability to protect the public's health and safety, especially client/patient safety;
(3) encourage the cooperation of compact states in the areas of psychology licensure and regulation;
(4) facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions, and disciplinary history;
(5) promote compliance with the laws governing psychological practice in each compact state; and
(6) invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.
HISTORY: 2022 Act No. 159 (H.3833), Section 2.A, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-330. Home state licensure.

(A) The home state shall be a compact state where a psychologist is licensed to practice psychology.
(B) A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.
(C) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.
(D) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this compact.
(E) A home state's license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:
(1) currently requires the psychologist to hold an active E. Passport;
(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation (FBI), or other designee with similar authority, no later than ten years after activation of the compact; and
(5) complies with the bylaws and rules of the commission.
(F) A home state's license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:
(1) currently requires the psychologist to hold an active IPC;
(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation (FBI), or other designee with similar authority, no later than ten years after activation of the compact; and
(5) complies with the bylaws and rules of the commission.
HISTORY: 2022 Act No. 159 (H.3833), Section 2.A, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-360. Conditions of telepsychology practice in a receiving state.

A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the commission, and under the following circumstances:
(1) the psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state; and
(2) other conditions regarding telepsychology as determined by rules promulgated by the commission.
HISTORY: 2022 Act No. 159 (H.3833), Section 2.A, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-380. Additional authorities invested in a compact state's psychology regulatory authority.

(A) In addition to any other powers granted under state law, a compact state's psychology regulatory authority shall have the authority under this compact to:
(1) issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state's psychology regulatory authority for the attendance and testimony of witnesses, the production of evidence, or any combination of the foregoing from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses, evidence, or both, are located; and
(2) issue cease and desist orders, injunctive relief orders, or both, to revoke a psychologist's authority to practice interjurisdictional telepsychology, temporary authorization to practice, or both.
(B) During the course of any investigation, a psychologist may not change his/her home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his/her home state licensure. The commission shall promptly notify the new home state of any such decisions as provided in the rules of the commission. All information provided to the commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing of information by compact states.
HISTORY: 2022 Act No. 159 (H.3833), Section 2.A, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-390. Coordinated licensure information system.

(A) The commission shall provide for the development and maintenance of a coordinated licensure information system (coordinated database) and reporting system containing licensure and disciplinary action information on all psychologists to whom this compact is applicable in all compact states as defined by the rules of the commission.
(B) Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the commission, including:
(1) identifying information;
(2) licensure data;
(3) significant investigatory information;
(4) adverse actions against a psychologist's license;
(5) an indicator that a psychologist's authority to practice interjurisdictional telepsychology, temporary authorization to practice, or both, is revoked;
(6) nonconfidential information related to alternative program participation information;
(7) any denial of application for licensure, and the reasons for such denial; and
(8) other information which may facilitate the administration of this compact, as determined by the rules of the commission.
(C) The coordinated database administrator promptly shall notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.
(D) Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.
(E) Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated database.
HISTORY: 2022 Act No. 159 (H.3833), Section 2.A, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-430. Date of implementation; associated rules; withdrawal; amendments.

(A) The compact shall come into effect on the date on which the compact is enacted into law in the seventh compact state. The provisions which become effective at that time shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(B) Any state which joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule which has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(C)(1) Any compact state may withdraw from this compact by enacting a statute repealing the same.
(2) A compact state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(3) Withdrawal shall not affect the continuing requirement of the withdrawing state's psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(D) Nothing contained in this compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a noncompact state which does not conflict with the provisions of this compact.
(E) This compact may be amended by the compact states. No amendment to this compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.
HISTORY: 2022 Act No. 159 (H.3833), Section 2.A, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 55 - Psychologists › Section 40-55-440. Construction and severability.

This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining compact states.
HISTORY: 2022 Act No. 159 (H.3833), Section 2.A, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-1. Policy and purpose.

It is the policy of this State, and the purpose of this chapter, to promote the safety of the public and the environment by effective regulation of pyrotechnics. Public safety requires that persons who handle pyrotechnics have demonstrated their qualifications, that they adhere to reliable safety standards, and that the sites where pyrotechnics are manufactured, stored, and sold adhere to reliable safety standards. It is neither the policy of this State nor the purpose of this chapter to place undue restrictions upon entry into the business of handling pyrotechnics.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-5. Applicability.

Unless otherwise provided for in this chapter, Chapter 1, Title 40 applies to the Board of Pyrotechnic Safety and licensees regulated under this chapter. If there is a conflict between this chapter and Chapter 1, the provisions of this chapter control.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-10. State Board of Pyrotechnic Safety.

(A) The State Board of Pyrotechnic Safety is composed of seven members appointed by the Governor. One appointee must be employed by a local fire authority, one must be a pyrotechnics retailer, one must be a pyrotechnics wholesaler, one must be a law enforcement representative, and three must be members of the public who shall not possess any pecuniary interest in any entity engaged in a business directly involving the sale of pyrotechnics. A seat on the board that remains vacant for sixty days must be filled through an appointment by the Chairman of the House Labor, Commerce and Industry Committee, and the Chairman of the Senate Labor, Commerce and Industry Committee.
(B) The terms of office for members are for four years and until their successors are appointed and qualified. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
(C) The board shall meet at least annually and not more than once per month. All meetings must be scheduled at the call of the chairman. The board shall elect from its members a chairman, vice chairman, and other officers as it considers necessary to serve for terms of one year and until their successors are elected and qualified. All members shall receive mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions for days on which they are transacting official business, to be paid by the board.
(D) The department's Office of State Fire Marshal shall provide administrative support as required by the board to perform its prescribed functions. The State Fire Marshal is an official consultant and is authorized to attend all meetings.
HISTORY: 1979 Act No. 190 Section 8A; 1980 Act No. 519, Part II, Section 5; 1982 Act No. 466, Part II, Section 45; 1991 Act No. 248, Section 6; 1992 Act No. 425, Section 1; 1993 Act No. 181, Section 929; 2010 Act No. 196, Section 1, eff June 1, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-30. Noncompliance with chapter unlawful.

It is unlawful for a person to engage in the manufacturing, storage, or sale of pyrotechnics unless in compliance with this chapter.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.