reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-30. License requirement; representation as being engaged in practice without being licensed; penalty; emergency limited license.

(A) A person may not practice veterinary medicine without a license issued in accordance with this chapter, except as provided in subsection (B). A person who uses in connection with his name the words or letters "D.V.M.", "V.M.D.", "Doctor of Veterinary Medicine", "Veterinary Medical Doctor", or other letters, words, or insignia indicating or implying that one is engaged in the practice of veterinary medicine or who in any other way, orally or in writing or in print or by sign directly or by implication, represents oneself as engaged in the practice of veterinary medicine without being licensed by the board is subject to the penalties provided for in this chapter.
(B)(1) During an emergency or natural disaster, a veterinarian or veterinary technician who is not licensed in accordance with this chapter, but is licensed and in good standing in another jurisdiction, may obtain an emergency limited license to practice veterinary medicine related to the response efforts in locations in this State if:
(a) an official declaration of a state of emergency has been made by the Governor of this State or his delegated state official; and
(b) an official invitation has been extended to the veterinarian or veterinary technician for a specified time by the Governor during emergencies.
(2) An applicant for an emergency limited license must submit documentation as may be acceptable to the board under the circumstances to demonstrate eligibility for the limited license, including documentation of an existing license in good standing.
HISTORY: 2006 Act No. 294, Section 1; 2019 Act No. 43 (S.105), Section 6, eff May 16, 2019.
Editor's Note
Prior Laws:1920 (31) 905; Civ. C. '22 Section 2473; 1932 Code Section 5252; 1942 Code Section 5252; 1952 Code Section 56-1553; 1962 Code Section 56-1553; 1974 (58) 2769; 1981 Act No. 174, Sections 2, 3; 1984 Act No. 457; 1987 Act No. 133, Section 2; 1994 Act No. 306, Section 1.
2019 Act No. 43, Section 10, provides as follows:
"SECTION 10. The General Assembly finds it is the best practice for a shelter, public or private, to prepare and maintain records documenting the number of animals admitted to the facility and the method by which those animals exit the facility, whether by adoption, fostering, natural death, euthanasia, transfer to another state, or other means of discharge."
Effect of Amendment
2019 Act No. 43, Section 6, inserted the (A) identifier, in the first sentence, inserted ", except as provided in subsection (B)", and in the second sentence, made a nonsubstantive change; and added (B).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-40. Board officers and meetings; quorum.

In addition to the powers and duties enumerated in Section 40-1-50, the board, at the first board meeting in each calendar year, shall elect from the veterinarian members a chairman, vice chairman, and any other officer it considers necessary. The board shall meet at least twice a year and upon the call of the chairman or any two members of the board. Action of the board may be taken at regular or special meetings, and a majority of the appointed members of the board constitutes a quorum.
HISTORY: 2006 Act No. 294, Section 1.
Editor's Note
Prior Laws:1920 (31) 905; Civ. C. '22 Section 2473; 1932 Code Section 5252; 1942 Code Section 5252; 1952 Code Section 56-1555; 1962 Code Section 56-1554; 1974 (58) 2769; 1984 Act No. 457.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-70. Powers and duties.

The board shall regulate the issuance of licenses and temporary licenses and shall discipline veterinarians and veterinary technicians in any manner authorized by this chapter. The powers and duties of this board include, but are not limited to:
(1) determining the eligibility of applicants for examination and licensure;
(2) examining applicants for licensure including, but not limited to:
(a) prescribing the subjects, character, and manner of licensing examinations;
(b) preparing, administering, and grading the examination or assisting in the selection of a contractor for the preparation, administration, or grading of the examination.
(3) establishing criteria for issuing, renewing, and reactivating authorizations to practice to qualified applicants, including the issuance of active or permanent, temporary, limited, and inactive licenses, or other categories as may be created;
(4) adopting the American Veterinary Medical Association Code of Professional Ethics and any additional standard of professional conduct the board deems appropriate;
(5) evaluating and approving continuing education course hours and programs;
(6) conducting hearings on alleged violations of this chapter and regulations promulgated under this chapter;
(7) resolving consumer complaints, where appropriate and possible;
(8) disciplining persons licensed under this chapter in a manner provided for in this chapter;
(9) promulgating regulations which have been submitted to the Director of the Department of Labor, Licensing and Regulation at least thirty days in advance of filing with the Legislative Council pursuant to Section 1-23-30;
(10) adopting and enforcing regulations for selling and dispensing prescriptions and controlled veterinary drugs, pharmaceuticals, and biologics in accordance with federal and state laws; and
(11) adopting and enforcing regulations setting minimum standards for all facilities where veterinary medicine is practiced.
HISTORY: 2006 Act No. 294, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1557; 1974 (58) 2769; 1984 Act No. 457; 1993 Act No. 181, Section 949.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-80. Powers incident to conducting investigations.

As provided in Section 40-1-80, for the purpose of conducting an investigation under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of documents or records which the board considers relevant to the inquiry.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-90. Procedures for handling complaints.

(A) The department may receive complaints against a licensee from any person, including the board, and shall require the complaints to be submitted in writing and to be signed by the complainant. The person who is the subject of the complaint must be provided a notice of the complaint including the substance of the allegations within five days after the department begins its investigation. The department shall investigate the allegations in the complaint to the extent that there is a potential violation of this chapter. The department must submit its investigative findings to the IRC, as provided for in Section 40-69-20(8), along with any other additional information related to the investigation requested by any IRC member. The IRC must review the investigation and recommend to the board whether to proceed with formal action. If the board desires to proceed further, it may direct the department to file a formal complaint charging the licensee with a violation of this chapter or a regulation promulgated pursuant to this chapter. If the department files a formal complaint, the department must make the formal complaint and any answer filed by the licensee available for public inspection. The licensee must be provided a copy of the formal complaint prior to making any complaint available for public inspection. The board administrator shall notify the licensee in writing not less than sixty days before the disciplinary hearing. The formal complaint and the hearing notice must be served personally or sent to the licensee by mail, return receipt requested, directed to the last mailing address furnished to the board. The post office receipt signed by the licensee, the licensee's agent, or a responsible member of the licensee's household or office staff or if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused is prima facie evidence of service of the notice. Informal disposition may be made of any complaint, formal or otherwise, by stipulation or consent agreement. No stipulation or consent agreement is final until it has been submitted to and approved by the board.
(B) A licensee has the right to be present and present evidence and argument on all issues involved, to present and to cross-examine witnesses, and to be represented by counsel at the licensee's expense. For the purpose of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the licensee.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-100. Cease and desist orders, temporary restraining orders, and other equitable relief.

In addition to other remedies provided for in this chapter or Section 40-1-100, the board may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-120. Sanctions.

Upon a determination by the board, after a disciplinary hearing conducted pursuant to the requirements of this chapter, that one or more of the grounds for discipline of a licensee exists, the board may impose sanctions as provided in Section 40-1-120, including imposing a fine of not more than one thousand dollars for each violation.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-130. Denial of licensure.

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-150. Voluntary surrender of license.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-170. Assessment of costs.

A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-190. Complainant's rights; disciplinary hearings; release of information while proceeding pending; final order, contents and public inspection.

(A) The board shall provide written acknowledgement of every initial complaint and notify the initial complainant in writing of the disposition of the matter. Although entitled to notice, an initial complainant is not a party to the proceeding and is not entitled to appeal or otherwise seek review of the dismissal or other disposition of the matter. The complainant has the right to be present at any disciplinary hearing but may only participate as a witness. The disciplinary hearing must be open to the public. The board may deliberate in executive session but must not take any final action during the executive session.
(B) Except as otherwise provided in this chapter, a person connected with any complaint, investigation, or other proceeding before the board, including, but not limited to, the complainant, any witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator, must not mention the existence of the complaint, investigation, or other proceeding, disclose any information pertaining to the complaint, investigation, or other proceeding, or discuss any testimony or other evidence in the complaint, investigation, or other proceeding, except to persons involved and having a direct interest in the complaint, investigation, or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. This prohibition does not apply to any matter contained in a formal complaint and answer made available for public inspection by this chapter or any matter or document disclosed in a public hearing. However, whenever the board receives information in any complaint, investigation, or other proceeding before it indicating a violation of state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body.
(C) The board must make its final order, finding that a licensee has violated a provision of this chapter, available for public inspection. The final order must include any facts or circumstances necessary to explain or support the board's findings and describe any sanction imposed. The board's final order must not identify a complainant or witness involved in any disciplinary proceeding alleging sexual misconduct by the licensee upon request of the complainant or witness.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-200. Filing false information to obtain license; penalty.

(A) A person who practices or offers to practice veterinary medicine or veterinary technology in violation of this chapter, or who knowingly presents to or files false information with the board for the purpose of obtaining a license, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than twenty-five hundred dollars or imprisoned for not less than thirty days. Each act of unlawful practice constitutes a separate offense.
(B) A person performing acts as a licensed veterinary technician in compliance with this chapter may not be deemed to be engaging in the practice of veterinary medicine.
HISTORY: 2006 Act No. 294, Section 1.
Editor's Note
Prior laws: 1920 (31) 905; Civ. C. '22 Section 2482; Cr. C. '22 Section 393; 1932 Code Section 5261; 1942 Code Section 5161; 1952 Code Section 56-1566; 1962 Code Section 56-1570; 1974 (58) 2769; 1984 Act No. 457.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-210. Cease and desist orders; temporary injunctions; immunity of board members and employees.

(A) If the board has reason to believe that a person is violating or intends to violate a provision of this chapter, it may, in addition to all other remedies, order the person to immediately desist and refrain from that conduct.
(B) The board may apply to an administrative law judge, as provided under Article 5, Chapter 23, Title 1, for an injunction restraining the person from that conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter as it considers proper. A bond may not be required of the board by an administrative law judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.
(C) A member of the board or its committees, special examiners, agents, and employees may not be held liable for acts performed in the course of official duties, except where actual malice is shown. For the purpose of an 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 documents or records which the board considers relevant to the inquiry.
HISTORY: 2006 Act No. 294, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1571; 1974 (58) 2769; 1984 Act No. 457; 1993 Act No. 181, Section 951.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-215. Exception as to "floating" teeth in equine; administration of anesthesia.

The board shall not issue a cease and desist notice to an individual who has been hired solely for the act of "floating" teeth in an equine. If that animal requires sedation or anesthesia, a licensed professional holding a Drug Enforcement Administration and South Carolina drug license must administer the controlled substance in accordance with state and federal law.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-220. Application for veterinary license examination; conduct and evaluation of examination.

(A) An applicant for a veterinary license examination shall submit to the board, on or before a specified date to be determined by the board, a completed application on forms prescribed by the board and supported by proper credentials and the payment of a fee to be set by the board in regulation.
(B) Fees must not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws an application, or is issued or denied a license. If an applicant fails to take the examination for a legitimate reason, the board may allow the applicant to take the examination at a later date without having to pay another fee.
(C) After the board accepts the application and finds that the applicant is otherwise qualified to meet the requirements necessary to practice veterinary medicine, the applicant may be examined by the board at its next scheduled examination date. The board shall give notice to the applicant of the exact time and place of the examination.
(D) The board shall conduct examinations of all applicants, and the board may examine a veterinary applicant who submits satisfactory evidence that the applicant:
(1) is a graduate of a school or college of veterinary medicine accredited by the American Veterinary Medical Association or holds a certificate issued by the Education Commission of Foreign Veterinary Graduates or credentials issued by a credentialing entity approved by the board; and
(2) has paid the required fee.
(E) The board, except as otherwise provided for in this chapter, shall require the applicant to take a written examination to test the applicant's knowledge of and proficiency in subjects and techniques commonly taught in veterinary schools, or the board may accept the results of the written examinations conducted by the National Board of Veterinary Examiners or other nationally recognized examination organizations approved by the board. The board may administer an additional examination to determine an applicant's familiarity with applicable state law.
(F) The board shall establish a minimum passing grade for each examination given by the board. If the applicant makes the minimum passing grade on the examination as established by the board and the board finds that the applicant is otherwise worthy, competent, and qualified, the board shall issue the applicant a license to practice veterinary medicine in this State.
(G) The examination of applicants for licenses to practice veterinary medicine must be conducted in accordance with regulations promulgated by the board.
HISTORY: 2006 Act No. 294, Section 1.
Editor's Note
Prior Laws:1920 (31) 905; Civ. C. '22 Sections 2476, 2477; 1932 Code Sections 5255, 5256; 1942 Code Sections 52-5255, 52-5256; 1952 Code Sections 56-1559, 56-1560, 56-1561; 1962 Code Sections 56-1560, 56-1561; 1965 (54) 316; 1974 (58) 2769; 1984 Act No. 457; 1976 Code Sections 40-69-100, 40-69-110.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-230. Application for veterinary technician license examination; qualifications; conduct and evaluation of examination.

(A) An applicant for a veterinary technician license examination shall submit to the board, on or before a specified date to be determined by the board, a completed application on forms prescribed by the board and supported by proper credentials and the payment of a fee to be set by the board in regulation.
(B) Fees must not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws the application, or is issued or denied a license. If an applicant fails to take the examination for a legitimate reason, the board may allow the applicant to take the examination at a later date without having to pay another fee.
(C) After the board accepts the application and finds that the applicant is otherwise qualified to meet the requirements necessary to practice veterinary technology, the applicant may be examined by the board at its next scheduled examination date. The board shall give notice to the applicant of the exact time and place of the examination.
(D) The board shall conduct examinations of all applicants, and the board may examine an applicant who submits satisfactory evidence that the applicant:
(1) is at least eighteen years of age;
(2) is a graduate of an American Veterinary Medical Association accredited school of animal technology;
(3) has paid the required fee; and
(4) has provided other documents as the board may require.
(E) The examination of an applicant for licensure must be conducted in accordance with regulations promulgated by the board. The board shall require the applicant to take a written examination in subjects relating to veterinary technology as the board may require. The board shall accept the Veterinary Technician National Examination or other nationally recognized examinations approved by the board. The board may administer an additional examination to determine an applicant's familiarity with applicable state law.
(F) The board shall establish a minimum passing grade for each examination given and shall hold at least one examination annually. Each applicant is entitled to at least one reexamination.
(G) A person previously issued a certificate to work as a veterinary technician before August 2, 1981, by the South Carolina State Board of Veterinary Medical Examiners, upon payment of the required fee must be issued a certificate by the board.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-240. Temporary veterinary and veterinary technology licenses.

(A) The board may issue a temporary license to practice veterinary medicine or veterinary technology to an applicant if the applicant has satisfied:
(1) the qualifications and requirements of Section 40-69-220 or Section 40-69-230, as applicable;
(2) filed an application, including any other required documentation, to take the examination;
(3) paid a temporary license fee which must be set by the board in regulation, in addition to the examination fee; and
(4) has been granted a degree from an accredited veterinary college or degree in veterinary technology.
(B) A temporary license entitles the holder to practice only until the board has acted upon the application for a permanent license after the applicant successfully completes the next regularly scheduled examination. A temporary license is not renewable. Only one temporary license may be issued to a person. The board may renew a temporary license of a person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control until the board is able to act on the application after the person completes the required examination.
(C) A temporary license entitles the holder to practice with supervision in accordance with the following:
(1) A veterinarian holding a current and valid license and who has been practicing for a period of not less than sixty days in another state, postgraduation, may practice with indirect supervision as defined in this chapter.
(2) A veterinarian who has been granted a degree from a veterinary college but who cannot provide evidence of sixty days of clinical practice, postgraduation, may practice with direct supervision as defined in this chapter.
(3) A veterinary technician holding a current and valid license in another state may practice with direct or indirect supervision at the discretion of the licensed veterinarian and in compliance with this chapter or as set forth in regulation.
(4) A veterinary technician who does not hold a current and valid license in another state may practice with direct supervision of a licensed veterinarian.
HISTORY: 2006 Act No. 294, Section 1.
Editor's Note
Prior Laws:1920 (31) 905; Civ. C. '22 Section 2477; 1932 Code Section 5256; 1942 Code Section 5256; 1952 Code Section 56-1558; 1962 Code Section 56-1559; 1974 (58) 2769; 1984 Act No. 457; 1994 Act No. 306, Section 3; 1976 Code Section 40-69-90.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-250. Renewal and reinstatement; duplicate license; display of license; notification of change of name or address.

(A) A license issued pursuant to this chapter is valid for a period of time not to exceed two years. The license may be renewed in accordance with procedures promulgated by the board through regulation upon the payment of a renewal fee and upon fulfillment of continuing education, as required by the board through regulation. Failure to pay the renewal fee, including any late fees, before the first day of February of the renewal year renders the license void.
(B) A licensee who allows the license to lapse by failing to renew the license in accordance with this section may be reinstated by the board upon payment of renewal fees and satisfaction of continuing education requirements, if required, by the board through regulation. The board may assess a reinstatement fee and impose additional requirements for reinstatement as may be established by regulation.
(C) The board also may issue a duplicate license to replace one that has been lost or destroyed upon payment of a fee established in regulation. A duplicate license must have the word "Duplicate" typed or printed across the face of the license.
(D) A person licensed pursuant to this chapter must display the license in a prominent and conspicuous place in the person's primary place of practice.
(E) A licensee shall notify the board in writing of a change in name or mailing address within thirty days and, when requesting a name change on a license, shall submit legal documentation indicating the name change.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-255. Veterinarians continuing education; prescribing controlled substances.

As part of the biennial continuing education required by the board or pursuant to law, including Regulation 120-6, South Carolina Code of State Regulations, a veterinarian authorized pursuant to state and federal law to prescribe controlled substances shall obtain a South Carolina Department of Health and Environmental Control Controlled Substances Registration and complete at least two hours of continuing education every two years related to approved procedures of prescribing and monitoring controlled substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, and 44-53-250.
HISTORY: 2019 Act No. 18 (H.3732), Section 1, eff April 3, 2019.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-260. Licensing of persons licensed to practice in another state.

(A) The board may issue a license to a qualified applicant who:
(1) is licensed to practice veterinary medicine in another state if the applicant furnishes satisfactory proof that he is a graduate of an approved veterinary college and is in good standing in his respective state; and
(2) has passed the National Board Examination and the Clinical Competency Test as prepared under the authority of the National Board Examination Committee for Veterinary Medicine (NBEC), or its predecessor organization, the National Board of Veterinary Medical Examiners, or any subsequent national licensing examination prepared under the authority of the NBEC or the American Association of Veterinary State Boards; and
(3) has passed the state licensing exam; and
(4) has completed thirty qualifying continuing education hours within the previous two years.
(B) A person may not be licensed under this section except upon proof that he has taken and passed a written examination in at least one of the states in which he is licensed.
(C) The board shall use the examination prepared by the National Board Examination Committee or other nationally recognized veterinary examinations approved by the board in lieu of a state written and practical examination. The board may administer an additional examination to determine an applicant's familiarity with applicable state law.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-280. Abandoned animals; notice to owner.

(A) An animal is considered abandoned when the animal has been placed in the custody of a licensed veterinarian for boarding, treatment, or other care and is unclaimed by its owner or the owner's agent and the owner or the owner's agent has not paid the charges for the boarding, treatment, or other care within ten days of notice of these charges being provided to the owner or the owner's agent in accordance with this section and no other payment agreement with the owner or the owner's agent has been reached.
(B) The notice required in subsection (A) must be given to the owner of the animal or the owner's agent at his last known address by registered mail or by certified mail, return receipt requested, and must contain a statement that if the animal is not claimed and if the charges are not paid within ten days after receipt of the notice, the animal may be sold, donated, turned over to the nearest humane society or animal shelter or otherwise disposed of as the person having custody of the animal considers proper.
(C) The owner of an abandoned animal is deemed to have relinquished all rights and claims to the animal by virtue of the abandonment.
(D) Providing notice to the owner or the owner's agent pursuant to this section relieves the custodian of the animal of any liability for the sale, donation, euthanasia, or other disposal of the animal.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-285. Liens for payment of fees.

A licensed veterinarian has a lien on each animal treated, boarded, or cared for while in the veterinarian's custody for payment of charges for treatment, board, or care of the animal. The veterinarian has the right to retain the animal until the charges are paid by the owner of the animal.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-290. Emergency clinics.

An emergency clinic or emergency hospital is a facility which advertises or otherwise purports to provide veterinary medical services during specified hours of operation or during periods when these services are not normally available through other facilities. Nothing contained in this chapter is intended to prohibit a facility from providing services of an emergency nature.
A licensed veterinarian must be in attendance at the emergency facility at all hours of operation and have sufficient staff always available to provide timely and appropriate care.
HISTORY: 2006 Act No. 294, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-295. Mobile veterinary facilities; obligations relating to local facilities; location prohibitions; definitions.

(A) Regardless of mode of transportation, a mobile facility must have a permanent base of operation with a published address and telephone facilities for making appointments or responding to emergency situations. The mobile practice or facility must identify the closest local emergency veterinary services facility to the mobile location. The contact information of the local emergency veterinary services facility must be posted at the mobile location and be included in the paperwork given to the pet owner documenting the services rendered.
(B) A mobile practice affiliated with, operated by, or supported by a public or private nonprofit animal shelter is prohibited from operating within eyesight of the nearest privately owned veterinarian practice.
(C) As used in this section:
(1) "mobile veterinary practice" means any form of clinical veterinary practice that may be transported or moved from one location to another for delivery of services to a pet; and
(2) "pet" means a domesticated animal kept as a pet but does not include livestock, as defined in Section 47-9-210(1).
HISTORY: 2006 Act No. 294, Section 1; 2016 Act No. 274 (S.980), Section 3, eff June 15, 2016.
Effect of Amendment
2016 Act No. 274, Section 3, added paragraph designator (A); in (A), added the last two sentences; and added (B) and (C).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-305. Animal drug prescription labels.

(A) Dispensing a prescription drug to the owner of an end-user for the treatment of a bodily injury or disease of an animal is unlawful unless the prescription is:
(1) labeled with all information required by state and federal law; and
(2) prescribed by a veterinarian licensed under this chapter.
(B) The South Carolina Board of Veterinary Medical Examiners shall regulate the dispensing of prescription drugs as pursuant to subsection (A) to animal owners.
HISTORY: 2016 Act No. 274 (S.980), Section 2, eff June 15, 2016.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 71 - Liability Of Members Of Professional Committees › Section 40-71-20. Confidentiality of certain proceedings, records and information; reporting accidents and incidents.

(A) All proceedings of and all data and information acquired by the committee referred to in Section 40-71-10 in the exercise of its duties are confidential unless a respondent in the proceeding requests in writing that they be made public. These proceedings and documents are not subject to discovery, subpoena, or introduction into evidence in any civil action except upon appeal from the committee action. Information, documents, or records which are otherwise available from original sources are not immune from discovery or use in a civil action merely because they were presented during the committee proceedings, nor shall any complainant or witness before the committee be prevented from testifying in a civil action as to matters of which he has knowledge apart from the committee proceedings or revealing such matters to third persons.
(B) Confidentiality provisions do not prevent committees appointed by the Department of Health and Environmental Control from issuing reports containing solely nonidentifying data and information.
(C) Nothing in this section affects the duty of a facility or activity licensed by the Department of Health and Environmental Control to report accidents or incidents pursuant to the department's regulations. Provided, however, anything reported pursuant to the department's regulations shall not be considered to waive any privilege or confidentiality provided in subsection (A).
HISTORY: 1979 Act No. 171 Section 1; 1989 Act No. 158, Section 2; 2006 Act No. 372, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 71 - Liability Of Members Of Professional Committees › Section 40-71-30. Judicial review of documents claimed to be confidential; penalty against party found to be unreasonably asserting confidentiality.

When a party asserts a claim of confidentiality over documents pursuant to Section 40-71-20 and the party seeking the documents objects, the documents must be filed under seal with the circuit court having jurisdiction over the pending action and are subject to judicial review by the circuit court judge. If the court determines that any of the documents are not subject to confidentiality pursuant to Section 40-71-20 and are otherwise discoverable, the court shall provide the documents to the requesting party. In the event the court finds that a party acted unreasonably in unsuccessfully asserting the claim of confidentiality, the court shall assess attorney's fees against that party for any fees incurred by the requesting party in obtaining the documents.
HISTORY: 2005 Act No. 32, Section 13.
Editor's Note
2005 Act No. 32, Section 7(B), provides as follows:
"(B) Upon approval by the Governor, this act takes effect July 1, 2005, for causes of action arising after July 1, 2005, except that as of this act's effective date, the State Treasurer shall relinquish the management of funds in the Patients' Compensation Fund, created pursuant to Section 38-79-420, to the Board of Governors of the fund, and premiums paid on or after this act's effective date must be deposited with the Board of Governors of the fund. The fund must be fully transferred to the Board of Governors, and the State Treasurer may not hold any deposits of the fund as of ninety days after this act's effective date."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-5. Application of Title 40, Chapter 1, Article 1.

Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to licensed professional counselors, marriage and family therapists, addiction counselors, and psycho-educational specialists regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
HISTORY: 1998 Act No. 396, Section 8; 2018 Act No. 249 (H.4601), Section 2, eff May 18, 2018.
Effect of Amendment
2018 Act No. 249, Section 2, in the first sentence, inserted "addiction counselors," following "marriage and family therapists," and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-40. Nomination and appointment of board members; vacancies; replacements.

Board members from the general public may be nominated by an individual, group, or association and must be appointed by the Governor in accordance with Section 40-1-45. In case of a vacancy on the board, the chair, with the consent of a majority of the sitting board members, may appoint a temporary replacement for the vacated seat. The replacement shall serve until the Governor appoints a replacement for the vacated seat and the appointee qualifies. In all cases, the replacement appointed must fill the same professional or consumer capacity as the predecessor in office held.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-50. Election of officers.

In addition to the powers and duties enumerated in Section 40-1-50, the board shall, at the first board meeting in each calendar year elect from the professional membership a president, a vice president, and any other officer it considers necessary. Regular meetings must be held upon the call of the president or any two members of the board. A majority of the members of the board constitutes a quorum.
HISTORY: 1998 Act No. 396, Section 8; 2018 Act No. 249 (H.4601), Section 6, eff May 18, 2018.
Effect of Amendment
2018 Act No. 249, Section 6, rewrote the section, removing duties concerning the establishment and function of standards committees.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-60. Adoption of rules and regulations.

The board may adopt rules governing its proceedings and internal operations, and may promulgate regulations necessary to carry out the provisions of this chapter.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-70. Additional powers and duties.

In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-80. Investigations; subpoena of witnesses, taking of evidence, and requiring production of documents.

For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-100. Issuance of cease and desist orders or temporary restraining orders; injunction restraining conduct.

(A) In addition to other remedies provided for in this chapter or Chapter 1 of Title 40, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter or a regulation promulgated under this chapter.
(B) If the board has reason to believe that a person is violating or intends to violate a provision of this chapter or a regulation promulgated under this chapter, it may, in addition to all other remedies, order the person to desist immediately and refrain from the conduct. The board may apply to an administrative law judge for an injunction restraining the person from the conduct. The judge may issue a temporary injunction ex parte not to exceed ten days and, upon notice and full hearing, may issue any other order in the matter it considers proper. No bond may be required of the board by the judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-110. Revocation, suspension, reprimand, or restriction of licensee; grounds for discipline.

(A) The board may revoke, suspend, publicly or privately reprimand, or restrict a licensee or otherwise discipline a licensee when it is established to the satisfaction of the board that a licensee has:
(1) uttered a false or fraudulent statement or forged a statement or document or committed or practiced a fraudulent, deceitful, or dishonest act in connection with license requirements;
(2) been convicted of a felony or other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is the equivalent of a conviction;
(3) violated a regulation, directive, or order of the board;
(4) knowingly performed an act which substantially assists a person to practice counseling, marriage and family therapy, or addiction counseling illegally;
(5) caused to be published or circulated directly or indirectly fraudulent, false, or misleading statements as to the skills or methods or practice of a license holder when malice is shown;
(6) failed to provide and maintain reasonable sanitary facilities;
(7) sustained physical or mental impairment or disability which renders practice dangerous to the public;
(8) violated the code of ethics adopted by the board in regulations;
(9) obtained fees or assisted in obtaining fees under deceptive, false, or fraudulent circumstances;
(10) used an intentionally false or fraudulent statement in a document connected with the practice of professional counseling, marriage and family therapy, or addiction counseling;
(11) been found by the board to lack the professional competence to practice;
(12) practiced during the time his license has lapsed or been suspended or revoked;
(13) practiced the profession or occupation while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him unfit to practice his profession or occupation.
(B) In addition to other remedies and actions incorporated in this chapter, the license of a licensee adjudged mentally incompetent by a court of competent jurisdiction must be suspended automatically by the board until the licensee is adjudged competent by a court of competent jurisdiction.
HISTORY: 1998 Act No. 396, Section 8; 2018 Act No. 249 (H.4601), Section 7, eff May 18, 2018.
Editor's Note
Prior Laws:1985 Act No. 191, Section 1; 1991 Act No. 107, Section 3; 1976 Code Section 40-75-170.
Effect of Amendment
2018 Act No. 249, Section 7, in (A), in (4), substituted ", marriage and family therapy, or addiction counseling" for "or marriage and family therapy", and in (10), substituted ", marriage and family therapy, or addiction counseling" for "or marriage and family therapy".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-120. Sanctions.

Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, as provided for in Section 40-75-110 or 40-1-110, the board may impose sanctions as provided in Section 40-1-120, including imposing a fine of not more than one thousand dollars for each violation.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-130. Denial of licensure.

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
HISTORY: 1998 Act No. 396, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 75 - Professional Counselors, Marriage And Family Therapists, And Licensed Psycho-educational Specialists › Section 40-75-140. Denial of license based on person's prior criminal record not permitted.

A license may not be denied based solely on a person's prior criminal record as provided for in Section 40-1-140.
HISTORY: 1998 Act No. 396, Section 8.