reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-330. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-510. Purpose of compact.

(A) The purpose of this compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(B) This compact is designed to achieve the following objectives:
(1) increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;
(2) enhance the states' ability to protect the public's health and safety;
(3) encourage the cooperation of member states in regulating multi-state physical therapy practice;
(4) support spouses of relocating military members;
(5) enhance the exchange of licensure, investigative, and disciplinary information between member states; and
(6) allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
HISTORY: 2018 Act No. 226 (H.4799), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-530. State participation in the compact.

(A) To participate in the compact, a state must:
(1) participate fully in the commission's data system, including using the commission's unique identifier as defined in rules;
(2) have a mechanism in place for receiving and investigating complaints about licensees;
(3) notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
(4) for initial licensure require the applicant to undergo a state criminal record check, supported by fingerprints, by the State Law Enforcement Division (SLED); and a national criminal record check, supported by fingerprints, by the Federal Bureau of Investigation (FBI). The results of these criminal record checks must be reported to the board for review in accordance with Section 40-1-140. The fees for conducting the criminal record checks shall be borne by the applicant. SLED is authorized to store the prints for notification purposes;
(5) comply with the rules of the commission;
(6) utilize a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and
(7) have continuing competence requirements as a condition for license renewal.
(B) Upon adoption of this article, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. Section 534 and 42 U.S.C. Section 14616.
(C) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
(D) Member states may charge a fee for granting a compact privilege.
(E) A member state cannot participate in issuing compact privileges until such member state has completed the requirements to implement the state criminal record check, supported by fingerprints, by the State Law Enforcement Division (SLED); and a national criminal record check, supported by fingerprints, by the Federal Bureau of Investigation (FBI) and promulgated all regulations necessary to carry out the requirements of the compact, including, but not limited to, establishing fees for granting a compact privilege.
HISTORY: 2018 Act No. 226 (H.4799), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-540. Compact privilege.

(A) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:
(1) hold a license in the home state;
(2) have no encumbrance on any state license;
(3) be eligible for a compact privilege in any member state in accordance with subsections (D), (G), and (H);
(4) have not had any adverse action against any license or compact privilege within the previous two years;
(5) notify the commission that the licensee is seeking the compact privilege within a remote state;
(6) pay any applicable fees, including any state fee, for the compact privilege;
(7) meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and
(8) report to the commission adverse action taken by any nonmember state within thirty days from the date the adverse action is taken.
(B) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of subsection (A) to maintain the compact privilege in the remote state.
(C) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(D) A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
(E) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
(1) the home state license is no longer encumbered; and
(2) two years have elapsed from the date of the adverse action.
(F) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (A) to obtain a compact privilege in any remote state.
(G) If a licensee's compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:
(1) the specific period of time for which the compact privilege was removed has ended;
(2) all fines have been paid; and
(3) two years have elapsed from the date of the adverse action.
(H) Once the requirements of subsection (G) have been met, the licensee must meet the requirements in subsection (A) to obtain a compact privilege in a remote state.
HISTORY: 2018 Act No. 226 (H.4799), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-550. Active duty military personnel or their spouses.

A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:
(1) home of record;
(2) Permanent Change of Station (PCS); or
(3) state of current residence if it is different than the PCS state or home of record.
HISTORY: 2018 Act No. 226 (H.4799), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-560. Adverse actions.

(A) A home state shall have exclusive power to impose adverse action against a license issued by the home state.
(B) A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.
(C) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state's laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
(D) Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
(E) A remote state shall have the authority to:
(1) take adverse actions as set forth in subsection (D) against a licensee's compact privilege in the state;
(2) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and
(3) if otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
(F)(1) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
HISTORY: 2018 Act No. 226 (H.4799), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-580. Data system.

(A) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(B) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) nonconfidential information related to alternative program participation;
(5) any denial of application for licensure, and the reason for such denial; and
(6) other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(C) Investigative information pertaining to a licensee in any member state will only be available to other party states.
(D) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(E) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(F) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system.
HISTORY: 2018 Act No. 226 (H.4799), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-610. Date of implementation of the interstate commission for physical therapy practice and associated rules, withdrawal, and amendment.

(A) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, must 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 that joins the compact subsequent to the commission's initial adoption of the rules must be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that 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) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's physical therapy licensing board 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 may be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(E) This compact may be amended by the member states. No amendment to this compact may become effective and binding upon any member state until it is enacted into the laws of all member states.
HISTORY: 2018 Act No. 226 (H.4799), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-620. Construction and severability.

This compact must be liberally construed so as to effectuate the purposes thereof. The provisions of this compact must be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance may not be affected thereby. If this compact must be held contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
HISTORY: 2018 Act No. 226 (H.4799), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-5. Application of Chapter 1; conflict with other articles.

(A) Unless otherwise provided for in this chapter, Chapter 1, Title 40 applies to the profession or business regulated under this chapter. However, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
(B) Unless there is a conflict with other articles of this chapter, Article 1, Chapter 47, Title 40 applies to all programs administered through the State Board of Medical Examiners.
HISTORY: 2006 Act No. 385, Section 1.
Editor's Note
Prior Laws:1985 Act No. 93, Section 6.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-25. Rights and privileges of licensees.

Osteopathic physicians and surgeons licensed hereunder shall have the same rights and privileges as physicians and surgeons of other schools of medicine with respect to the treatment of cases, hospital privileges, and the holding of health offices or offices of public institutions. Physicians and surgeons licensed pursuant to this chapter must be licensed to practice medicine in all its branches regardless of whether the physician holds an M.D. or D.O. degree and has passed the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) examination sequence, or graduated from a college accredited by the Liaison Committee on Medical Education (LCME) or the American Osteopathic Association (AOA), Commission on Osteopathic College Accreditation (COCA), or successfully completed post-graduate training from the American Council for Graduate Medical Education (ACGME) approved or AOA-approved programs, or obtained American Board of Medical Specialties (ABMS) or AOA board certification, or on the basis of his or her race, color, creed, religion, sex, or national origin.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-33. Academic license; qualifications; responsibility of dean for compliance with practice limitations.

(A) The issuance of an academic license is initiated by a written request from the dean of the medical school outlining the candidate's credentials, proposed role at the academic institution, and the reasons for requesting an exception to the usual course of permanent licensure. The candidate shall meet the following requirements:
(1) The individual must have the rank of assistant professor or higher.
(2) The individual must have established academic credentials and a compelling reason to be invited by the dean.
(3) The academic license may be used only in the educational setting or in a training program associated with the medical school.
(4) Use of the academic license is limited to the designated practice site only. It is not for independent practice or "moonlighting" situations.
(B) In that an academic license is issued at the dean's request for his accommodation, the dean is professionally responsible under Section 40-47-110 for the academic licensee's compliance with the limitations of practice under an academic license.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-35. Licensure as expert medical witness; waiver of fee.

(A) The board may issue a license to a physician licensed in good standing in another state, who has been engaged to testify as an expert medical witness in an administrative, civil, or criminal proceeding in this State. The license only shall authorize practice in this State as an expert medical witness in a particular proceeding in this State. This license must be valid for the duration of the particular proceeding for which it is issued. This license must authorize only practice in this State that is related directly to the particular proceeding for which it is issued. A separate license must be obtained for each proceeding in which the applicant is engaged to testify as an expert medical witness in this State. The applicant shall submit the following items:
(1) a completed application and payment of applicable fees; and
(2) satisfactory documentation of the applicant's engagement as an expert witness in a particular proceeding in this State.
(B) The board may waive any part or all of a fee for this license for a physician to testify as an expert witness on behalf of a state, county, or municipal agency or office.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-36. Criminal history background checks; costs; confidentiality of information obtained.

(A) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for an authorization to practice, the department may require a criminal history background check of each applicant for an authorization to practice pursuant to this chapter. Each applicant may be required to furnish a full set of fingerprints and additional information required to enable a criminal history background check to be conducted by the State Law Enforcement Division or the State Identification Bureau of another state and the Federal Bureau of Investigation, if no disqualifying record is identified at the state level. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying an authorization to practice may be disclosed as may be necessary to support the administrative action.
(B) In an investigation or disciplinary proceeding concerning a licensee, the department may require a criminal history background check of a licensee. A licensee may be required to furnish a full set of fingerprints and additional information required to enable a criminal history background check to be conducted by the State Law Enforcement Division or the State Identification Bureau of another state and the Federal Bureau of Investigation, if no pertinent information is identified at the state level. Costs of conducting a criminal history background check must be borne by the department and may be recovered as administrative costs associated with an investigation or hearing pursuant to this chapter, unless ordered by the board as a cost in a disciplinary proceeding. The department shall keep information received pursuant to this section confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-38. Maintenance of Certification not required for licensure, reimbursement, employments, or admitting privileges.

(A) No provision of this article may be construed to require a physician to secure a Maintenance of Certification as a condition of:
(1) licensure;
(2) reimbursement;
(3) employment; or
(4) admitting privileges at a hospital or federally qualified health center in this State.
(B) For the purposes of this article:
(1) "Federally qualified health center" or "FQHC" means a health center that receives a federal public health services grant under the Public Health Services Act, 42 U.S.C. 254b, as amended, or another health center designated by the United States Health Resources and Services Administration as a federally qualified health center.
(2) "Maintenance of Certification" or "MOC" means a continuing education program that measures core competencies in the practice of medicine and surgery and is approved by a nationally recognized accrediting organization.
HISTORY: 2018 Act No. 211 (H.4116), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-41. License renewal; notification of change of address or adverse disciplinary action in another jurisdiction.

(A) A license issued pursuant to this chapter may be renewed biennially or as otherwise provided by the board and department. A person who has not demonstrated continuing medical competence, as required by this chapter, is not eligible for issuance or renewal of an active license.
(B) A licensee shall complete the renewal form and submit the form to the board with the renewal fee. Upon receipt of the application and the fee, the department shall verify the accuracy of the application and renew the license for the applicable period. If a licensee fails to timely renew the license, the license is deemed lapsed at the close of the renewal period, and the licensee may not practice in this State until the licensee is reinstated to practice. The board may reinstate the licensee on payment of a reinstatement fee, the current renewal fee, and demonstration of continued competency satisfactory to the board. The board may deny reinstatement or take other action based on evidence of misconduct.
(C) A licensee shall notify the board in writing within fifteen business days of any change of residential address, office address, or office telephone number.
(D) A licensee shall notify the board within thirty days of any adverse disciplinary action by another United States or foreign licensing jurisdiction, a peer review group, a health care institution, a professional or medical society or association, a governmental agency, a law enforcement agency, including arrest, or a court, including indictment. Confidential information received from a licensee or other sources must continue to be maintained as confidential, except to the extent necessary for the proper disposition of the matter. Notification is not required in the case of:
(1) a nondisciplinary resignation by the licensee from a health care facility; however, a resignation occurring after an incident or occurrence which could result in the revocation or suspension of or other limitation upon the licensee's privileges must be reported;
(2) a minor disciplinary action regarding the licensee's privileges in a health care facility when the action taken does not involve the revocation or suspension of or other limitation upon the licensee's privileges to practice there;
(3) a disciplinary action resulting from the licensee's failure to meet recordkeeping standards in a health care institution;
(4) a disciplinary action resulting from the licensee's failure to attend meetings of a health care institution; or
(5) other disciplinary actions as defined by the board in regulation.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-42. Reactivation of inactive license.

A person with an inactive license to practice medicine in this State who wishes to resume active practice shall submit an application for reactivation including:
(1) a completed application form approved by the board;
(2) the applicable reactivation fee;
(3) documented evidence of compliance with applicable continued competency requirements;
(4) written verification of licensure and disciplinary history in all states in which a license has ever been issued; and
(5) a practice history, including any malpractice suits and judgments.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-43. Renewal of expired license.

A person submitting an application for renewal within one year after the expiration of the previous authorization period shall:
(1) submit a completed application on a form provided by the board;
(2) pay a renewal fee;
(3) pay a late fee of one hundred dollars for any part of each month during which the license was lapsed;
(4) provide evidence of compliance with applicable continued competency requirements; and
(5) provide a statement under oath relating any practice activity following the expiration of the previous renewal period. If unauthorized practice occurred following the expiration of the previous renewal period, a penalty of one thousand dollars must be imposed for any portion of each month in which unauthorized practice occurred. The penalty must be paid in full before the license may be renewed by the department unless otherwise provided by the board.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-44. Application for reinstatement of license.

In addition to compliance with all of the terms and conditions for reinstatement of a licensee required in a final order of the board, the licensee shall provide documented evidence of compliance with all other requirements for reactivation or renewal of authorization to practice before authorization may be issued. It is the licensee's responsibility to present clear and convincing evidence of rehabilitation that is satisfactory to the board. The board may require the licensee to personally appear in support of a petition for reinstatement or it may proceed upon information filed in the disciplinary matter or thereafter.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-45. Appeal; presumption of service of notice of board action; review of motions for continuance and other interlocutory relief.

A final action of the board relating to the granting, refusal, or cancellation of a license is subject to review by the Administrative Law Court as provided pursuant to Article 5 of Chapter 23 of Title 1 on the record of the board, as in certiorari, upon petition of the applicant or licensee within thirty days from receipt of official notice from the board of the action of which review is sought. Service of this notice conclusively must be presumed ten days after mailing by registered or certified mail to the applicant or licensee of the notice at the person's last known address. Motions for continuance and for other interlocutory relief are not subject to review by the Administrative Law Court until a final decision has been issued by the board.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-50. Administrative support; fees to cover costs of operation of board; maintenance of records.

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
(B) Initial fees must be established by the board in statute or regulation and must serve as the basis for necessary adjustments in accordance with Section 40-1-50 to ensure that they are sufficient, but not excessive, to cover expenses, including the total of the direct and indirect costs to the State for the operations of the board.
(C) The administrator shall maintain a record of each formal complaint and of all final decisions on complaints, which must be retained permanently as part of the records of the board.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-90. Administering oaths.

In addition to the powers and duties enumerated in Section 40-1-90, the presiding officer of the board may administer oaths when taking testimony upon any and all matters pertaining to the business or duties of the board.
HISTORY: 2006 Act No. 385, Section 1.
Editor's Note
Prior Laws:1908 (25) 1083; Civ. C. '12 Section 1622; 1920 (31) 1004; Civ. C. '22 Section 2404; 1932 Code Section 5154; 1942 Code Section 5154; 1952 Code Section 56-1369; 1962 Code Section 56-1369; 1970 (56) 2371; 1976 Act No. 614, Section 3; 1993 Act No. 181, Section 922; 1976 Code Section 40-47-210.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-100. Restraining orders.

Restraining orders and cease and desist orders may be issued in accordance with Section 40-1-100.
HISTORY: 1962 Code Section 56-1357.1; 1956 (49) 1624; 1963 (53) 509; 1970 (56) 2371; 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-111. Disciplinary action in another state.

(A) Acts or omissions by a licensee causing the denial, cancellation, revocation, suspension, or restriction of a license to practice in another state, which would constitute misconduct in this State, support the issuance of a formal complaint and the commencement of disciplinary proceedings.
(B) Proof of acts or omissions in another state may be shown by a copy of the transcript of record of the disciplinary proceedings in that state or a copy of the final order, consent order, or similar order stating the basis for the action taken.
(C) Upon the filing of an application or an initial complaint alleging that the applicant or licensee has been disciplined in another state, the applicant or licensee must provide to the department copies of all transcripts, documents, and orders used, relied upon, or issued by the licensing authority in the other state. Failure to provide these items within ninety days of a written request results in the denial of the individual's application or suspension of the individual's authorization to practice in this State until these items have been provided to the department and until further order of the board.
(D) The applicant or licensee may present mitigating testimony to the board or hearing officer or hearing panel regarding disciplinary action taken in another state or evidence that the acts or omissions committed in another state do not constitute misconduct in this State.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-112. Attending patient while under the influence of alcohol or drugs; penalty; suspension and disqualification from practice.

A person licensed or otherwise authorized by the Board of Medical Examiners who attends a patient while under the influence of alcohol or drugs is guilty of a misdemeanor and, upon conviction, may be fined not more than ten thousand dollars or imprisoned not more than one year. In addition, upon conviction, the license or authorization granted to the person must be suspended and the person must be disqualified from practicing in this State until he satisfies the board that he is qualified to resume practice. The provisions of this section are in addition to the remedies otherwise relating to physicians who may be addicted to the use of alcohol or drugs.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-113. Establishment of physician-patient relationship as prerequisite to prescribing drugs; unprofessional conduct.

(A) It is unprofessional conduct for a licensee initially to prescribe drugs to an individual without first establishing a proper physician-patient relationship. A proper relationship, at a minimum, requires that the licensee make an informed medical judgment based on the circumstances of the situation and on the licensee's training and experience and that the licensee:
(1) personally perform and document an appropriate history and physical examination, make a diagnosis, and formulate a therapeutic plan;
(2) discuss with the patient the diagnosis and the evidence for it, and the risks and benefits of various treatment options; and
(3) ensure the availability of the licensee or coverage for the patient for appropriate follow-up care.
(B) Notwithstanding subsection (A), a licensee may prescribe for a patient whom the licensee has not personally examined under certain circumstances including, but not limited to, writing admission orders for a newly hospitalized patient, prescribing for a patient of another licensee for whom the prescriber is taking call, prescribing for a patient examined by a licensed advanced practice registered nurse, a physician assistant, or other physician extender authorized by law and supervised by the physician, continuing medication on a short-term basis for a new patient before the patient's first appointment, or prescribing for a patient for whom the licensee has established a physician-patient relationship solely via telemedicine so long as the licensee complies with Section 40-47-37 of this act.
(C) Prescribing drugs to individuals the licensee has never personally examined based solely on answers to a set of questions is unprofessional.
HISTORY: 2006 Act No. 385, Section 1; 2016 Act No. 210 (S.1035), Section 4, eff June 3, 2016.
Effect of Amendment
2016 Act No. 210, Section 4, rewrote (B), authorizing the prescription of medication as part of the practice of telemedicine and establishing limitations.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-116. Initial complaint; informal conference; approval of agreement.

(A) An initial complaint may be made by any person or the administrator of the board or director of the department based upon information considered reliable. The initial complaint must be dated, signed by the person making the complaint or the administrator or director when appropriate, and must identify the subject of the complaint and contain a brief summary of the nature of the complaint. Initial complaints must be filed with the director, or his designee, who may cause an investigation to be made into the allegation of professional misconduct. If the initial complaint on its face does not demonstrate an allegation of misconduct pursuant to this chapter, an investigation may not ensue. If the initial complaint does not demonstrate an allegation of misconduct pursuant to this chapter after investigation, the initial complaint may be dismissed. The department shall notify in writing the person initially complaining of the reason for dismissing the initial complaint. Except as provided in Section 40-47-190, the identity of the person making the initial complaint must remain privileged and confidential and must not be disclosed for use in any administrative or judicial proceeding of any kind. If a formal complaint is authorized, the identity of the initial complainant must continue to remain privileged and confidential, and must not be disclosed during the conduct of formal proceedings, upon administrative or judicial review, or at any time after that for use in any administrative or judicial proceeding of any kind, unless the initial complainant testifies as a witness in the formal proceedings.
(B) Before authorization of a formal complaint, the department shall provide an opportunity for the respondent to have an informal conference concerning the alleged misconduct with representatives of the department, including a physician designated by the board. The respondent may be represented by counsel at the conference, and the department shall so inform the respondent. Communications during the informal conference must be confidential. The parties shall maintain the confidentiality of the informal conference and shall not rely on, or introduce as evidence in any proceedings, any oral or written communications having occurred during the informal conference, unless such communications are obtained by means other than the informal conference. An agreement reached by the respondent and department must be documented in writing and signed by the respondent and the department and may provide for formal or informal disposition of the allegations, with or without admitting and denying misconduct. An agreement is not final until it has been submitted to and approved by the board. An agreement marked private must be placed in the respondent's file within the department and maintained as confidential pursuant to Section 40-47-190(F).
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-130. Grounds for denial of licensure.

As provided 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: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-140. Denial of license based on prior criminal record.

A license may be denied based on a person's prior criminal record only as provided in Section 40-1-140.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-150. Surrender of license; public disclosure.

A licensee under investigation for a violation of this chapter or a regulation promulgated pursuant to this chapter voluntarily may surrender the license to practice in accordance with and subject to the provisions of Section 40-1-150. A person whose license is voluntarily surrendered may not practice or represent oneself to be authorized to practice until the board takes final action in the pending disciplinary matter. The voluntary surrender of the license is subject to public disclosure in accordance with Chapter 4 of Title 30. The board may credit the time that an authorization has been surrendered toward any period of suspension or other restriction of practice.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-160. Appeal.

A respondent aggrieved by a final decision of the board may seek review of the decision to the Administrative Law Court in accordance with Section 40-1-160. Motions for continuance and for other interlocutory relief are not subject to review by the Administrative Law Court until a final decision has been issued by the board.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-170. Costs.

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, including appeals, in accordance with Section 40-1-170.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-180. Collection of fines and costs.

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 fine is levied is eligible for the issuance or reinstatement of an authorization to practice until the fine has been paid in full.
HISTORY: 2006 Act No. 385, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-196. Delegation of tasks.

(A) Specific tasks may be delegated to a CMA by a physician, physician assistant if authorized to do so in his scope of practice guidelines, or advanced practice registered nurse if authorized to do so in his practice agreement. The scope of practice guidelines for a physician assistant and the practice agreement for an advanced practice registered nurse must address what tasks may be appropriately delegated to a CMA, provided, however, that the following tasks must not be delegated to a CMA by a physician assistant or advanced practice registered nurse:
(1) administering controlled medications, intravenous medications, contrast agents, or chemotherapy agents;
(2) injecting neurotoxin products, neuro modulatory agents, or tissue fillers;
(3) using lasers or instruments that results in tissue destruction;
(4) placing sutures;
(5) taking radiographs or using any ionizing radiation unless the CMA is also a certified limited practice radiographer;
(6) analyzing, interpreting, or diagnosing symptoms or tests;
(7) triaging patients; and
(8) performing a clinical decision-making task by means of telemedicine.
(B) A physician, physician assistant, or advanced practice registered nurse may delegate specified tasks to a CMA pursuant to the following requirements:
(1) the task must be delegated directly to the CMA by the physician, physician assistant, or advanced practice registered nurse, and not through another licensed practitioner;
(2) the task must be performed when the physician, physician assistant, or advanced practice registered nurse delegating the task is in such close proximity as to be immediately available to the CMA if needed;
(3) the physician, physician assistant, or advanced practice registered nurse delegating the task must determine that the task is within the training and competency of the CMA and will not pose a significant risk to the patient if improperly performed;
(4) the task must not involve the verbal transmission of an order or prescription to a licensed person if the licensed person requires the order or prescription to be in writing; and
(5) the CMA must wear an appropriate badge identifying the CMA's status, which must be clearly visible to the patient at all times.
(C)(1) A physician or physician assistant, pursuant to the physician assistant's scope of practice guidelines, may delegate nursing tasks to UAP under the supervision of the physician or physician assistant. Such nursing tasks include, but are not limited to, the following:
(a) meeting patients' needs for personal hygiene;
(b) meeting patients' needs relating to nutrition;
(c) meeting patients' needs relating to ambulation;
(d) meeting patients' needs relating to elimination;
(e) taking vital signs;
(f) maintaining asepsis; and
(g) observing, recording, or reporting any of the nursing tasks enumerated in this subsection.
(2) APRNs may delegate nursing tasks to UAP pursuant to Section 40-33-42.
HISTORY: 2022 Act No. 171 (S.613), Section 5, eff July 15, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-197. Supervision of Certified Registered Nurse Anesthetist.

The physician or dentist responsible for the supervision of a certified registered nurse anesthetist (CRNA) must be identified on the anesthesia record before administration of anesthesia.
HISTORY: 2006 Act No. 385, Section 1.