reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-120. Fines and other discipline; effective date; stay or supersedeas.

(A) In addition to the powers and duties enumerated in Section 40-1-120, the board may issue private reprimands. The board may impose a fine of up to two thousand dollars for each violation of a provision of this chapter or of a regulation promulgated by the board, not to exceed a total of ten thousand dollars. Fines are payable immediately upon the effective date of discipline unless otherwise provided by the board. Interest accrues after fines are due at the maximum rate allowed by law. No licensee against whom a fine is levied is eligible for reinstatement until the fine has been paid in full.
(B) A decision by the board to revoke, suspend, or restrict a license or to limit or discipline a licensee becomes effective upon delivery of a copy of the decision to the licensee and a petition for review does not operate as a supersedeas or stay.
(C) No stay or supersedeas may be granted pending an appeal from a decision by the board to revoke, suspend, or restrict the license for six months or more. An appeal taken to an administrative law judge as provided under Article 5, Chapter 23, Title 1 has precedence on the calendar of an administrative law judge, is considered an emergency appeal if the board has revoked, suspended, or restricted a license for six months or more, and should be heard not later than thirty days from the date the petition is filed. The review is limited to the record established by the board hearing.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-130. 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: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-150. 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 to practice in accordance with and subject to the provisions of Section 40-1-150.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-160. Appeal; board decision not stayed pending appeal.

A person aggrieved by a final action of the board may seek review of the decision to the Administrative Law Court in accordance with Section 40-1-160. Service of a petition for review does not stay the board's decision pending completion of the appellate process.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-170. Costs.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-180. Payment of costs and fines.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180. 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: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-190. Matters relating to complaint and proceeding privileged.

(A) No person connected with any complaint, investigation, or other proceeding before the board including, but not limited to, a witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator may 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 proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding.
(B) Every communication, oral or written, to the board, department, staff, counsel, or any other person acting on behalf of the board or department during the investigation, hearing, or adjudication of the disciplinary matters including, but not limited to, investigative reports concerning interviews and issues under investigation, correspondence, summaries, incident reports, computer printouts, and documents created during peer review proceedings are privileged and these persons are immune from liability.
(C) Information that has been declared confidential or personal under this chapter or other applicable law must not be disclosed, except to the extent necessary for the proper disposition of the matter before the board, and is protected in the same manner as provided in Section 40-71-20, or as otherwise provided by law.
(D) The identity of the initial complainant and any confidential informants or other witnesses who do not testify must not be disclosed to other parties, entities, or persons, and all information contained in confidential investigative files is privileged from disclosure for any reason whatsoever, except as provided for in subsection (E).
(E) Whenever the department receives information indicating a violation of state or federal law, the department may provide that information, to the extent the department considers necessary, to the appropriate state or federal law enforcement or regulatory body.
(F) No information in investigative files or disciplinary proceedings is required to be expunged pursuant to any other provision of state law.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-200. Unauthorized practice; penalty.

A person who practices or offers to practice nursing in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than fifty thousand dollars. Each violation constitutes a separate offense. The provisions of this chapter apply to a person or entity aiding and abetting in a violation of this chapter.
HISTORY: 2004 Act No. 225, Section 1.
Editor's Note
Prior Laws:1935 (39) 173; 1942 Code Section 5230; 1947 (45) 579; 1952 Code Section 56-953; 1962 Code Section 56-953; 1969 (56) 263; 1987 Act No. 114, Section 2; 1976 Code Section 40-33-20.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-210. Civil action for injunctive relief.

The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court, in the name of the State, for injunctive relief against a person violating this chapter, a regulation promulgated under this chapter, or an order of the board. For each violation the administrative law judge may impose a fine of not more than ten thousand dollars.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-220. Severability.

If a provision of this chapter or the application of a provision of this chapter to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this statute which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-230. Licensure requirements for foreign-educated nurses.

Beginning January 1, 2007, the State Board of Nursing shall require foreign-educated candidates for licensing as registered nurses to pass:
(1) the National Council Licensure Examination (NCLEX); and
(2) an English language proficiency test that determines whether or not the license applicant is proficient in conversational English with regard to medical terminology and the skills required of a registered nurse.
HISTORY: 2005 Act No. 87, Section 5.
Editor's Note
2005 Act No. 87, Section 7, provides as follows:
"This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-1300. Nurse Licensure Compact enacted.

The Nurse Licensure Compact is hereby enacted into law and entered into by this State with all other states legally joining therein, in the form substantially as set forth in this article.
HISTORY: 2017 Act No. 41 (H.3349), Section 1, eff May 10, 2017.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-1305. Findings; purposes.

(A) The party states find that:
(1) the health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;
(2) violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;
(3) the expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;
(4) new practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;
(5) the current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and
(6) uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.
(B) The general purposes of this compact are to:
(1) facilitate the states' responsibility to protect the public's health and safety;
(2) ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;
(3) facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions;
(4) promote compliance with the laws governing the practice of nursing in each jurisdiction;
(5) invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses;
(6) decrease redundancies in the consideration and issuance of nurse licenses; and
(7) provide opportunities for interstate practice by nurses who meet uniform licensure requirements.
HISTORY: 2005 Act No. 87, Section 2; 2017 Act No. 41 (H.3349), Section 1, eff May 10, 2017.
Editor's Note
2005 Act No. 87, Section 7, provides as follows:
"This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006."
Effect of Amendment
2017 Act No. 41, Section 1, rewrote the section to reflect changes mandated for membership in the Nurse Licensure Compact.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-1320. Applications for licensure in a party state.

(A) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether:
(1) the applicant has ever held, or is the holder of, a license issued by another state;
(2) there is an encumbrance on a license or multistate licensure privilege held by the applicant;
(3) an adverse action has been taken against a license or multistate licensure privilege held by the applicant; and
(4) the applicant is currently participating in an alternative program.
(B) A nurse may hold a multistate license, issued by the home state, in only one party state at a time.
(C) If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the commission, provided:
(1) the nurse may apply for licensure in advance of a change in primary state of residence; and
(2) the new home state may not issue a multistate license until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
(D) If a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
HISTORY: 2005 Act No. 87, Section 2; 2017 Act No. 41 (H.3349), Section 1, eff May 10, 2017.
Editor's Note
2005 Act No. 87, Section 7, provides as follows:
"This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006."
Effect of Amendment
2017 Act No. 41, Section 1, rewrote the section to reflect changes mandated for membership in the Nurse Licensure Compact. Former section was titled Licensees to only be licensed in home state; change of primary state of residence.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-1330. Reserved.

HISTORY: Former Section, titled Actions by licensing board against licensee, had the following history: 2005 Act No. 87, Section 2. Reserved by 2017 Act No. 41, Section 1, eff May 10, 2017.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-1335. Reserved.

HISTORY: Former Section, titled Powers of licensing board; recovery of investigative costs; subpoenas; cease and desist orders; regulations, had the following history: 2005 Act No. 87, Section 2. Reserved by 2017 Act No. 41, Section 1, eff May 10, 2017.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-1360. Effective date, withdrawal and amendment.

(A) This compact must become effective and binding on the earlier of the date of legislative enactment of this compact into law by no less than twenty-six states or December 31, 2018. All party states to this compact that also were parties to the prior Nurse Licensure Compact, superseded by this compact, must be considered to have withdrawn from the prior compact within six months after the effective date of this compact.
(B) Each party state to this compact shall continue to recognize a nurse's multistate licensure privilege to practice in that party state issued under the prior compact until such party state has withdrawn from the prior compact.
(C) A party state may withdraw from this compact by enacting a statute repealing the same. A party state's withdrawal may not take effect until six months after enactment of the repealing statute.
(D) A party state's withdrawal or termination may not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
(E) Nothing contained in this compact may be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this compact.
(F) This compact may be amended by the party states. No amendment to this compact becomes effective and binding upon the party states unless and until it is enacted into the laws of all party states.
(G) Representatives of nonparty states to this compact must be invited to participate in the activities of the commission, on a nonvoting basis, prior to the adoption of this compact by all states.
HISTORY: 2005 Act No. 87, Section 2; 2017 Act No. 41 (H.3349), Section 1, eff May 10, 2017.
Editor's Note
2005 Act No. 87, Section 7, provides as follows:
"This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006."
Effect of Amendment
2017 Act No. 41, Section 1, rewrote the section to reflect changes mandated for membership in the Nurse Licensure Compact. Former section was titled Arbitration.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-1365. Construction and severability.

This compact must be liberally construed so as to effectuate its purposes. The provisions of this compact are 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 if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of it to any government, agency, person, or circumstance is not affected. If this compact is held to be contrary to the constitution of any party state, this compact remains 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: 2005 Act No. 87, Section 2; 2017 Act No. 41 (H.3349), Section 1, eff May 10, 2017.
Editor's Note
2005 Act No. 87, Section 7, provides as follows:
"This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006."
Effect of Amendment
2017 Act No. 41, Section 1, deleted the paragraph identifiers; in the first sentence, substituted "its purposes" for "the purposes as stated in Section 40-43-1305(B)"; in the second sentence, substituted "applicability thereof" for "applicability of any of them"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-5. Applicability; conflicts of law.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to the regulation of nursing home administrators and residential care facility administrators; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-10. South Carolina Board of Long Term Health Care Administrators; membership; meetings.

(A) There is created the South Carolina Board of Long Term Health Care Administrators composed of nine members who must be appointed by the Governor, with the advice and consent of the Senate, for three-year terms and until their successors are appointed and qualify. Of the nine members:
(1) three must be qualified nursing home administrators licensed under this chapter; one must be from a proprietary nursing home; one must be from a nonproprietary nursing home; and one must be a qualified hospital administrator;
(2) three must be community residential care facility administrators, licensed under this chapter, at least one of whom must be from a community residential care facility with ten or fewer residents;
(3) one must be a consumer, sponsor, or family member of a consumer of nursing home services;
(4) one must be a consumer, sponsor, or family member of a consumer of community residential care services;
(5) one must be a voting member of the Long Term Care Committee of the Health and Human Services Coordinating Council who must be nominated by election of the committee from among its voting members. If the Governor does not accept the nomination, an additional nominee must be selected in the same manner.
The Commissioner of the Department of Health and Environmental Control, or his designee, also shall serve as a nonvoting member on the board, ex officio.
An individual, group, or association may submit the names of qualified individuals to the Governor for his consideration in making these appointments.
A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. A member may not serve more than two consecutive full terms.
(B) The board shall meet at least twice a year.
(C) Any business conducted by the board must be by a positive majority vote. For purposes of this subsection, "positive majority vote" means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1702; 1970 (56) 2085; 1987 Act No. 172, Section 1; 1990 Act No. 605, Section 1; 1993 Act No. 41, Section 3; 1997 Act No. 66, Section 1; 1976 Code Section 40-35-20.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-30. Supervision of facilities and centers by licensed administrators.

(A) A nursing home or community residential care facility within this State may not operate except under the supervision of an administrator licensed in accordance with this chapter.
(B) A habilitation center for persons with intellectual disability or persons with related conditions, funded in whole or in part by the Department of Disabilities and Special Needs, must be under the supervision of a licensed nursing home administrator or a qualified intellectual disability professional who has been determined by the department to have the requisite training and experience.
HISTORY: 2004 Act No. 293, Section 1.
Code Commissioner's Note
Pursuant to 2011 Act No. 47, Section 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded".
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-45. Transferability of license; renewal and reinstatement; licensure of persons holding license in another jurisdiction.

(A) A nursing home administrator's license or a community residential care facility administrator's license is not transferable.
(B) A license must be renewed upon dates established by the department. A licensee must submit an application for renewal, payment of the renewal fee, and proof of compliance with continuing education requirements established by the board in regulation. If a license is not renewed in accordance with this subsection, the license lapses on the expiration date. Further practice may be sanctioned as unlicensed practice.
(C) A nursing home administrator or community residential care facility administrator previously licensed in this State whose license has lapsed for failure to renew on or before the expiration date of the license may seek reinstatement of the license within one year of the expiration date by submitting an application with the renewal fee, payment of a penalty as provided in the fee schedule, proof of compliance with continuing education requirements, and an affidavit that he or she has not engaged in practice as an administrator during the period in which the license was lapsed.
(D) If a license has lapsed for more than one year, the individual shall submit an initial application and satisfy the requirements of Section 40-35-40 to become relicensed.
(E) The board may deny renewal to an applicant who has committed an act that would be grounds for disciplinary action.
(F) The board may issue a nursing home administrator's license or a community residential care facility administrator's license to a person who holds a current license as a nursing home administrator or community residential care facility administrator from another jurisdiction if the board finds that the standards for licensure in the other jurisdiction are at least the substantial equivalent of those in this State and if the applicant has passed the national and South Carolina portions of the licensure examination and is otherwise qualified.
HISTORY: 2004 Act No. 293, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-50. Fees.

(A) Initial fees must be established by the board in regulation and shall serve as the basis for necessary adjustments in accordance with Chapter 1.
(B) Licensure application fees are nonrefundable.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1705; 1970 (56) 2085; 1972 (57) 2621; 1979 Act No. 131, Section 1; 1980 Act No. 390, Section 4; 1990 Act No. 605, Section 1; 1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-60. Rules and regulations.

The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1704; 1970 (56) 2085; 1980 Act No. 390, Section 3;1990 Act No. 605, Section 1; 1997 Act No. 66, Section 1; 1976 Code Section 40-35-40.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-70. Additional powers and duties of the board.

In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Chapter 1.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-80. Investigation of complaints and violations.

The department on behalf of the board shall investigate complaints and violations of this chapter as provided for in Chapter 1.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-90. Disciplinary action in accordance with Administrative Procedures Act.

The board in accordance with the Administrative Procedures Act may take disciplinary action authorized by Chapter 1.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-100. Cease and desist orders; temporary restraining orders.

In addition to other remedies provided for in this chapter, the board in accordance with Chapter 1 also 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: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-115. Jurisdiction.

The board has jurisdiction over the actions of licensees and former licensees as provided for in Chapter 1.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-120. Disciplinary action; civil penalties; documentation of participation in education or treatment program.

(A) The board may take disciplinary action against a person as provided for in Chapter 1.
(B) The board may assess civil penalties of not more than one thousand dollars per violation, not to exceed a total of ten thousand dollars.
(C) The board may require documented participation in education programs and in treatment for mental or physical impairments or addiction.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-130. Denial of licensure.

As provided for in Chapter 1, 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: 1962 Code Section 56-1714; 1970 (56) 2085; 1990 Act No. 605, Section 1; 1997 Act No. 66, Section 1; 2004 Act No. 293, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-150. 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 Chapter 1.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-160. Appeal.

A person aggrieved by a final action of the board may seek review of the decision in accordance with Chapter 1.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-170. Payment of investigation and prosecution 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 Chapter 1.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-180. Payment of costs and fines.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Chapter 1 and to the collection provisions of the Department of Revenue for delinquent fines.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-190. Confidentiality of investigations and proceedings.

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Chapter 1.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-200. Licensure requirement; criminal and civil penalties for violation.

(A) It is unlawful for a person to administer, manage, or supervise, or be in administrative charge of a nursing home, community residential care facility, or habilitation center for persons with intellectual disability or persons with related conditions, unless the person is licensed in accordance with this chapter.
(B) It is unlawful for a person to act or serve in the capacity of a nursing home administrator or community residential care facility administrator unless the person is licensed in accordance with this chapter.
(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than one year.
(D) A person who violates subsection (A) or (B) is subject to a civil penalty imposed by the board of not more than two hundred dollars per day, not to exceed a total of twenty thousand dollars and may be sanctioned in accordance with Section 40-35-130.
HISTORY: 2004 Act No. 293, Section 1; 2014 Act No. 271 (H.4550), Section 3, eff June 9, 2014.
Code Commissioner's Note
Pursuant to 2011 Act No. 47, Section 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded".
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
Effect of Amendment
2014 Act No. 271, Section 3, in subsection (B), inserted "community" before "residential care facility administrator".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-210. Injunctive relief.

The department, at the written request of the board and in accordance with Chapter 1, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-250. Construction of chapter.

The provisions of this chapter are intended to be consistent with the applicable federal and state law and must be so construed, whenever necessary, to achieve this consistency.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 35 - Long Term Health Care Administrators › Section 40-35-260. Severability.

In the event that any provision of this chapter is declared unconstitutional or invalid or that the application of any provision to any person or circumstance is held invalid, the applicability of the provision to other persons and circumstances and the constitutionality or validity of every other provision of this chapter is not affected.
HISTORY: 2004 Act No. 293, Section 1.
Editor's Note
Prior Laws:1997 Act No. 66, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-5. Application of chapter; conflict of laws.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to occupational therapists and occupational therapy assistants regulated or administered, or both, 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. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-10. Board of Occupational Therapy; creation and purpose; membership.

(A) There is created the South Carolina Board of Occupational Therapy under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the public through the regulation of professionals who identify, assess, and provide treatment for individuals threatened by developmental deficits, the aging process, poverty and cultural differences, physical injury or illness, or psychological or social disability, through the administration and enforcement of this chapter and regulations promulgated under this chapter.
(B) The board consists of seven members to be appointed by the Governor with the advice and consent of the Senate. Five members must be occupational therapists with a minimum of three years' experience; one member must be an occupational therapy assistant with a minimum of one year's experience; and one member must be a lay member. All of the therapists and therapy assistant members must hold active and valid licenses in this State. Nominations for appointment to the board may be made to the Governor by an individual, group, or association. From a list of all licensed occupational therapists and occupational therapy assistants, the South Carolina Occupational Therapy Association may submit recommendations to the Governor of at least two names for each vacancy on the board to be filled by these licensees. Members shall serve terms of three years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The Governor may remove a member of the board as provided for in Section 1-3-240.
HISTORY: 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-20. Definitions.

As used in this chapter:
(1) "ACOTE" means the Accreditation Council for Occupational Therapy Education.
(2) "AOTA" means the American Occupational Therapy Association.
(3) "Board" means the South Carolina Board of Occupational Therapy.
(4) "Direct supervision" means personal, daily supervision, and specific delineation of tasks and responsibilities by an occupational therapist and includes the responsibility for personally reviewing and interpreting the results of a supervisee on a daily basis.
(5) "NBCOT" means the National Board for Certification in Occupational Therapy.
(6) "Occupational therapist" means a person licensed to practice occupational therapy.
(7) "Occupational therapy" means the functional evaluation and treatment of individuals whose ability to cope with the tasks of living are threatened or impaired by developmental deficits, the aging process, poverty and cultural differences, physical injury or illness, or psychological or social disability. The treatment utilizes occupational, namely goal-oriented activities, to prevent or correct physical or emotional deficits or to minimize the disabling effect of these deficits in the life of the individual. Specific occupational therapy techniques include, but are not limited to, activities of daily living (ADL), the fabrication and application of splints, sensory-motor activities, the use of specifically designed crafts, guidance in the selection and use of adaptive equipment, exercises to enhance functional performance, prevocational evaluation and treatment and consultation concerning adaption of physical environments for the handicapped. These techniques are applied in the treatment of individual patients or clients, in groups, or through social systems.
(8) "Occupational therapy aide" means a person who has received on-the-job training in occupational therapy and is employed in an occupational therapy setting under the direct on-site supervision of a licensed occupational therapist or licensed occupational therapy assistant.
(9) "Occupational therapy assistant" means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist.
(10) "On-site" means the same premises while direct client treatment is being performed.
(11) "Student" means a person who is enrolled in an educational program approved by ACOTE or other AOTA endorsed accrediting body for occupational therapy.
(12) "Supervision" means personal and direct involvement of an occupational therapist in a supervisee's professional experience which includes evaluation of the supervisee's performance with respect to each client treated by the supervisee.
HISTORY: 1977 Act No. 139 Section 2; 1988 Act No. 552, Sections 1, 2; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-30. Required licenses; practice while license suspended or revoked; penalty.

No person may practice occupational therapy or may practice as an occupational therapy assistant without a license issued in accordance with this chapter. A person whose license has been suspended or revoked, who uses in connection with his name the words or letters "Occupational Therapist", "Licensed Occupational Therapist", "Occupational Therapist Registered", "Occupational Therapist Registered/Licensed", "O.T.", "L.O.T.", "O.T.R.", "O.T.R./L.", or "Occupational Therapy Assistant", "Certified Occupational Therapy Assistant", "Certified Occupational Therapy Assistant/Licensed", "O.T.A.", "L.O.T.A.", "C.O.T.A.", "C.O.T.A./L.", or any other letters, words, or insignia indicating that he is an occupational therapist or occupational therapy assistant, or who in any way, orally or in writing or in print or by sign directly or by implication, represents himself as an occupational therapist or occupational therapy assistant is deemed to be practicing occupational therapy or practicing as an occupational therapy assistant without being registered by the board and is guilty of a misdemeanor and, upon conviction for each offense, must be fined not less than one hundred dollars or more than five hundred dollars or be imprisoned for not less than thirty days or more than ninety days, or both. Each day's violation constitutes a separate offense.
HISTORY: 1977 Act No. 139 Section 3; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-50. Administrative and fiscal activities of board to be provided by Department of Labor, Licensing and Regulation; establishment of fees.

(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) The board shall establish fees in regulation.
(C) The board may direct applicants to pay an examination fee directly to a third party who has contracted to administer the examination.
(D) All fees are nonrefundable and may be prorated to comply with biennial licensure.
HISTORY: 1977 Act No. 139 Section 5; 1988 Act No. 552, Section 3; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-60. Adoption of rules and regulations; seal.

The board may adopt rules governing its proceedings as provided for in Section 40-1-60 and may adopt an official seal bearing the words "South Carolina Board of Occupational Therapy". The board shall promulgate regulations necessary to carry out the provisions of this chapter including, but not limited to, promulgating in regulation a code of ethics.
HISTORY: 1977 Act No. 139 Section 6; 1982 Act No. 390, Section 1; 1994 Act No. 401, Section 1; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-70. Board regulation of licensing and discipline; additional powers and duties.

The board shall regulate the issuance of licenses and temporary licenses and shall discipline occupational therapists or occupational therapy assistants in any manner authorized by this chapter or Article 1, Chapter 1. In addition, the board has those powers and duties provided for in this chapter and as set forth in Section 40-1-70.
HISTORY: 1977 Act No. 139 Section 7; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-80. Investigation of complaints and violations.

The Department of Labor, Licensing and Regulation on behalf of the board shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
HISTORY: 1977 Act No. 139 Section 8; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-90. Investigation results; presentation to board; procedures for hearing.

The results of an investigation must be presented to the board, and any subsequent hearing must be conducted in accordance with Section 40-1-90.
HISTORY: 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-100. Restraining orders and other equitable relief.

In addition to other remedies provided for in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
HISTORY: 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-110. Refusal to grant licenses; suspensions, revocations, or other restrictions; grounds.

In addition to other grounds provided in Section 40-1-110, the board, after notice and a hearing conducted in accordance with the Administrative Procedures Act, may restrict or refuse to grant a license to an applicant or may refuse to renew the license of a licensed person or may suspend, revoke, or otherwise restrict the license of a licensed person who:
(1) has been convicted of violating federal, state, or local laws relating to occupational therapy;
(2) violates a provision of this chapter or a regulation promulgated pursuant to this chapter or an order issued by the board;
(3) fraudulently or deceptively attempts to use, obtain, alter, sell, or barter a license or temporary license;
(4) has participated in the fraudulent procurement or renewal of a license or temporary license for himself or another person or has allowed another person to use the license;
(5) has committed fraud or deceit in the practice of occupational therapy including, but not limited to:
(a) misrepresenting an educational degree, training, credentials, or competence;
(b) using or promotion or causing the use of a misleading, deceiving, improbable, or untruthful advertising matter or promotional literature;
(c) wilfully making or filing a false report or record in the practice of occupational therapy;
(6) has committed an act of dishonest, immoral, or unprofessional conduct while engaging in the practice of occupational therapy including, but not limited to:
(a) engaging in illegal, incompetent, or negligent practice;
(b) providing services to a person who reasonably cannot be expected to benefit from the services;
(7) has been convicted or plead guilty or nolo contendere to a felony or crime involving moral turpitude or a violation of a federal, state, or local alcohol or drug law, whether or not an appeal or other proceeding is pending to have the conviction or plea set aside; or
(8) has been disciplined by a licensing or disciplinary authority of a state, country, or nationally recognized professional organization or convicted or disciplined by a court of a state or country for an act that would be grounds for disciplinary action under this section.
HISTORY: 1977 Act No. 139 Section 11; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-120. Board authority to impose fines in addition to other sanctions; disciplinary actions.

In addition to the sanctions the board may impose pursuant to this chapter, the board may impose a fine up to two thousand dollars for each violation of a provision of this chapter, not to exceed ten thousand dollars. The board also may take disciplinary action against a person as provided for in Section 40-1-120.
HISTORY: 1977 Act No. 139 Section 12; 1982 Act No. 390, Section 3; 1988 Act No. 425, Section 1; 1988 Act No. 552, Section 4; 1994 Act No. 354, Section 1; 1994 Act No. 401, Section 2; 1998 Act No. 356, Section 1.