reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-130. Grounds for denial of license may be same as for disciplinary action.

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: 1977 Act No. 139 Section 13; 1988 Act No. 552, Section 5; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-140. Denial of license based on prior criminal record.

A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
HISTORY: 1977 Act No. 139 Section 14; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-150. Voluntary surrender of license by licensee being investigated.

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: 1977 Act No. 139 Section 15; 1996 Act No. 225, Section 1; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-160. Appeal.

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
HISTORY: 1977 Act No. 139 Section 16; 1993 Act No. 181, Section 911; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-170. Costs of investigation and prosecution; authority to require payment by violator.

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: 1977 Act No. 139 Section 17; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-180. Collection and enforcement provisions for 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.
HISTORY: 1977 Act No. 139 Section 18; 1982 Act No. 390, Section 4; 1994 Act No. 354, Section 2; 1994 Act No. 401, Section 3; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-190. Confidentiality of proceedings and communications.

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190.
HISTORY: 1977 Act No. 139 Section 19; 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-200. Violations of chapter; submission of false information to board; penalty.

A person who practices or offers to practice as an occupational therapist or as an occupational therapy assistant in this State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license or who violates any other provision of this chapter is guilty of a misdemeanor and, upon conviction for each offense, must be fined not more than fifty thousand dollars or be imprisoned not more than one year, or both.
HISTORY: 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-210. Petition by department for injunctive relief.

The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating 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 40-36-240. Notarized application form; fee; exam scores; out-of-state applicant requirements; time period for completion of process.

(A) An applicant for licensure must submit a completed notarized application form, the required fee in the form of a check or money order, and an acceptable legal document indicating any name changes, if applicable.
(B) An applicant applying for licensure by examination must comply with subsection (A) and must have reported or sent directly to the board:
(1) examination scores from a board-approved testing service; or
(2) verification of current certification status from NBCOT or other board-approved certification program if it has been six months or longer since the applicant passed the NBCOT or other board-approved certification program exam.
(C) An applicant who is a graduate of an occupational therapy educational program approved by ACOTE or other AOTA endorsed accrediting body for occupational therapy and who has applied for the next scheduled board-approved certification examination following graduation must comply with subsections (A) and (B) and must have sent directly to the board confirmation of examination registration and eligibility to examine from NBCOT or other board-approved certification program.
(D) An applicant licensed in another state applying for license by endorsement must comply with subsection (A) and must have sent directly to the board:
(1) verification of all current permanent licenses in other states from each state;
(2) verification of current certification status from NBCOT or other board-approved certification program.
(E) If the requirements of this section have not been completed within one year, the application and credentials must be brought up to date and resubmitted with payment of the required fee.
(F) An occupational therapist and an occupational therapy assistant shall pass a written examination approved by the board for license to practice in this State except as otherwise provided for in this chapter. The examination must be administered under the auspices of a recognized professional testing service approved by the board. The testing service shall recommend a passing score on the examination for the board's approval. The board shall adopt a passing score for each administration of the examination. An examinee who fails to pass may retake the examination at the next examination date upon making new application for examination and payment of the examination fee.
HISTORY: 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-250. Licensure without examination.

The board may license without examination a person who holds a current and valid license as an occupational therapist or as an occupational therapy assistant in another state if:
(1) the licensure requirements for that state are at least substantially equivalent to the licensing standards required in this chapter;
(2) the applicant currently is certified by and in good standing with NBCOT or other board-approved certification program;
(3) the applicant has submitted all applicable fees;
(4) in addition to other requirements established by law and for the purpose of determining an applicant's eligibility for a compact privilege, the department shall require a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of this criminal records check must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action. The results of this criminal records check must not be shared outside the department.
HISTORY: 1998 Act No. 356, Section 1; 2022 Act No. 158 (H.3599), Section 3, eff May 13, 2022.
Effect of Amendment
2022 Act No. 158, Section 3, added (4).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-270. Certificate of licensure; temporary licenses; restrictions; renewals; notification of name and address changes.

(A) The board shall license as an occupational therapist or an occupational therapy assistant an applicant who proves to the satisfaction of the board fitness for licensure under the provisions of this chapter. The board shall issue to each licensee a certificate of licensure which is prima facie evidence that the person to whom it is issued has the right to represent himself or herself as a licensed occupational therapist or a licensed occupational therapy assistant subject to the provisions of this chapter.
(B) A temporary license may be granted to a person who has completed an educational program approved by ACOTE or other AOTA endorsed accrediting body for occupational therapy and who has applied to take the next scheduled board-approved certification examination following graduation or who has taken the examination and has not received the examination results. A temporary license authorizes the temporary licensee to practice occupational therapy under the direct supervision of a licensed occupational therapist, and the temporary license is valid until the date on which the results of the next qualifying examination are received by the board. The applicant shall submit to the board a completed supervisory form for each place of employment. Temporary licenses may be renewed once in the discretion of the board, upon good cause shown.
The board may issue a temporary license to a licensee whose occupational therapist or occupational therapy assistant license has been inactive or lapsed for three years or more and who has applied to reactivate the license. The temporary license is valid for one year from the date of issue, may not be renewed, and authorizes the temporary licensee to work under the on-site supervision of an occupational therapist licensed in this State in order to obtain the minimum number of contact hours required to reactivate the license. The licensee shall submit to the board a completed supervisory form for each place of employment. The fees for a temporary license must be established in regulation.
(C) An applicant who is not actively engaged in the profession may be required to:
(1) complete a certain number of hours of CEU's; and/or
(2) have supervised practice specified by the board; and/or
(3) pass a written examination approved by the board.
(D) A licensee shall notify the board 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: 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-280. Persons excepted from application of chapter.

This chapter does not apply to a person:
(1) employed as an occupational therapist or occupational therapy assistant by an agency of the federal government if occupational therapy is provided solely under the direction or control of the federal government agency;
(2) who is enrolled in a course of study leading to a degree or certificate in occupational therapy in a program approved by the board if the occupational therapy activities and services constitute a part of a supervised course of study and if the person is designated by a title which clearly indicates a student or trainee status including "Occupational Therapy Student", "Occupational Therapy Assistant Student", "O.T.S.", "O.T.A.S.", or other designation approved by the board;
(3) fulfilling the supervised field work experience requirements of Section 40-36-230.
(4) licensed in this State by any other law and this chapter does not prohibit the person from engaging in the profession or occupation for which the person is licensed.
HISTORY: 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-290. Responsibilities and duties of occupational therapists; records; discharge notes.

(A) An occupational therapist:
(1) has the ultimate responsibility for occupational therapy treatment outcomes and for all occupational therapy services performed under the therapist's supervision;
(2) at a minimum, shall provide supervision as required by this chapter;
(3) shall communicate regularly with a supervisee regarding assignments, plan of care, and any changes in the client's status and shall document this communication;
(4) shall reevaluate a client where therapy has been significantly interrupted before reassigning an occupational therapy assistant to the case;
(5) only shall assign to a supervisee those duties and responsibilities for which the supervisee has been trained specifically and for which the supervisee is qualified to perform;
(6) must be accessible to supervisee each working day;
(7) shall perform the initial evaluation of and establish the treatment plan for each client;
(8) shall make a consultation/reassessment visit every seven treatments or thirty days, whichever comes first.
(B) An occupational therapist is responsible for the occupational therapy record of a client. The occupational therapy record shall consist of:
(1) the initial evaluation including a written report signed and dated by the occupational therapist performing the evaluation;
(2) a plan of care, including:
(a) treatment to be rendered;
(b) frequency and duration of treatment;
(c) measurable goals.
Progress notes must be signed and dated by the person rendering treatment. When progress notes are written by an occupational therapy student or an occupational therapy assistant student or examination candidate, the notes are to be countersigned and dated by the occupational therapist or occupational therapy assistant who is providing supervision.
A discharge note containing a statement of the client's status at the last treatment session must be written, signed, and dated by the occupational therapist or occupational therapy assistant rendering services. In the case of the occupational therapy assistant, the occupational therapist must co-sign and consult on all discharge notes.
HISTORY: 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-300. Responsibilities and duties of occupational therapy assistants and aides; restrictions.

(A) An occupational therapy assistant only shall assist in the practice of occupational therapy under the supervision of a licensed occupational therapist and shall:
(1) only accept those duties and responsibilities for which the assistant has been specifically trained and is qualified to perform;
(2) consult with the supervising occupational therapist every seven treatments or thirty days, whichever is first, for each client;
(3) inform the occupational therapist of any changes in a client that may require reevaluation or change in treatment;
(4) contribute to a client evaluation by gathering data, administering structured tests, and reporting observations but may not evaluate a client independently or initiate treatment before a licensed occupational therapist's evaluation.
(B) An occupational therapy aide may perform duties associated with nontreatment aspects of occupational therapy including, but not limited to, transporting clients, preparing treatment areas, attending to the personal needs of clients during treatment sessions, and clerical or housekeeping activities under the direct on-site supervision of a licensed occupational therapist or licensed occupational therapy assistant. When performing these duties, the occupational therapy aide must be clearly identified by using "O.T./Aide" or another designation approved by the board;
(C) An occupational therapy aide may not:
(1) perform an activity or task which requires licensure under this chapter;
(2) perform an activity or task which requires the exercise of the professional judgment of an occupational therapist; or
(3) develop or model client treatment plans or discharge plans.
(D) An occupational therapy student may perform duties or functions commensurate with the student's training and experience under the direct on-site supervision of a licensed occupational therapist.
HISTORY: 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-310. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
HISTORY: 1998 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-510. Purpose.

(A) The purpose of this compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(B) This compact is designed to achieve the following objectives:
(1) increase public access to occupational therapy services by providing for the mutual recognition of other member state licenses;
(2) enhance the ability of the states to protect the health and safety of the public;
(3) encourage the cooperation of member states in regulating multistate occupational therapy practice;
(4) support spouses of relocating military members;
(5) enhance the exchange of licensure, investigative, and disciplinary information between member states;
(6) allow a remote state to hold a provider of services with a compact privilege in that state accountable to the practice standards of that state; and
(7) facilitate the use of telehealth technology in order to increase access to occupational therapy services.
HISTORY: 2022 Act No. 158 (H.3599), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-530. State participation in the compact.

(A) To participate in the compact, a member state shall:
(1) license occupational therapists and occupational therapy assistants;
(2) participate fully in the commission's data system including, but not limited to, using the commission's unique identifier as defined in rules of the commission;
(3) have a mechanism in place for receiving and investigating complaints about licensees;
(4) notify the commission, in compliance with the terms of the compact and rules, of an adverse action or the availability of investigative information regarding a licensee;
(5) implement or use procedures for considering the criminal history records of applicants for an initial compact privilege, provided these procedures must include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records, and:
(a) within a period established by the commission, require a criminal background check for a licensee seeking or applying for a compact privilege whose primary state of residence is that member state, by receiving the results of the Federal Bureau of Investigation criminal record search, and shall use the results in making licensure decisions; and
(b) ensure communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact may not include information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544;
(6) comply with the rules of the commission;
(7) use only a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and
(8) have continuing competence/education requirements as a condition for license renewal.
(B) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
(C) A member state may charge a fee for granting a compact privilege.
(D) A member state shall provide for the state's delegate to attend all occupational therapy compact commission meetings.
(E) An individual not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals may not be recognized as granting the compact privilege in any other member state.
(F) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
HISTORY: 2022 Act No. 158 (H.3599), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-550. Obtaining a new home state license by virtue of compact privilege.

(A) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time.
(B) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two member states:
(1) the occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home states in accordance with applicable rules adopted by the commission;
(2) upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in Section 40-36-540 by means of the data system, without need for primary source verification except for:
(a) an FBI fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with Public Law 92-544;
(b) other criminal background check as required by the new home state; and
(c) submission of requisite jurisprudence requirements of the new home state;
(3) the former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission;
(4) notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in Section 40-36-540, the new home state shall apply its requirements for issuing a new single-state license; and
(5) the occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license.
(C) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria applies for issuance of a single-state license in the new state.
(D) Nothing in this compact may be construed to interfere with the ability of a licensee to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have one home state license.
(E) Nothing in this compact may be construed to affect the requirements established by a member state for the issuance of a single-state license.
HISTORY: 2022 Act No. 158 (H.3599), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-560. Active duty military personnel or their spouses.

Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual only shall change their home state through application for licensure in the new state or through the process described in Section 40-36-550.
HISTORY: 2022 Act No. 158 (H.3599), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-590. Data system.

(A) The commission shall provide for the development, maintenance, and use of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(B) A member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable, using a unique identifier, as required by the rules of the commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) nonconfidential information related to alternative program participation;
(5) any denial of application for licensure, and the basis for the denial;
(6) other information that may facilitate the administration of this compact, as determined by the rules of the commission; and
(7) current significant investigative information.
(C) Current significant investigative information and other investigative information pertaining to a licensee in a member state will only be available to other member states.
(D) The commission shall promptly notify all member states of an adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(E) A member state that contributes information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(F) Information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system.
HISTORY: 2022 Act No. 158 (H.3599), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-620. Date of implementation; withdrawal; amendment.

(A) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, must be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(B) A state that joins the compact subsequent to the commission's initial adoption of the rules is subject to the rules as they exist on the date on which the compact becomes law in that state. A rule that has been previously adopted by the commission must have the full force and effect of law on the day the compact becomes law in that state.
(C) A member state may withdraw from this compact by enacting a statute repealing the same. The withdrawal of a member state may not:
(1) take effect until six months after enactment of the repealing statute; or
(2) affect the continuing requirement of the withdrawing state's occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(D) Nothing contained in this compact may be construed to invalidate or prevent any occupational therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(E) This compact may be amended by the member states. No amendment to this compact may become effective and binding upon any member state until it is enacted into the laws of all member states.
HISTORY: 2022 Act No. 158 (H.3599), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-630. Construction and severability.

This compact must be liberally construed to effect the purposes of it. 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 a member state or of the United States or the applicability of it 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 may not be affected as a consequence. If this compact is held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
HISTORY: 2022 Act No. 158 (H.3599), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 36 - Occupational Therapists › Section 40-36-640. Binding effect of compact and other laws.

(A) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(B) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(C) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(D) Any lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(E) All agreements between the commission and the member states are binding in accordance with their terms.
(F) In the event a provision of the compact exceeds the constitutional limits imposed on the legislature of a member state, the provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state.
HISTORY: 2022 Act No. 158 (H.3599), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-5. Application of chapter; conflicts of law.

Unless otherwise provided for in this chapter, Chapter 1 of Title 40 applies to optometrists regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
HISTORY: 2005 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-10. South Carolina Board of Examiners in Optometry; membership; terms; conduct of business by positive majority vote.

(A) There is created the South Carolina Board of Examiners in Optometry, which consists of seven members. Five members must be licensed optometrists appointed by the Governor upon nomination by all licensed optometrists in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner as the initial nominees. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Two members of the board must be members of the general public who do not derive their income or support from any optical or optical-related business and who are not related to an optometrist or a person engaged in an optical-related business. The members from the general public may be nominated by any individual, group, or association and must be appointed by the Governor in accordance with Chapter 1 of Title 40.
(B) The members of the board serve terms of four years and until their successors are appointed and qualify. No person may serve more than two consecutive four-year terms; however, a person appointed to fill an unexpired term may be reappointed for two additional four-year terms. The Governor may remove a member of the board in accordance with Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against the member, who must be given a copy of the charges at the time they are filed.
(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: 2005 Act No. 135, Section 1.
Editor's Note
Prior Laws:1917 (30) 1; Civ. C. '22 Section 2455; 1932 Code Section 5234; 1932 (37) 1333; 1942 Code Section 5234; 1952 Code Section 56-1053; 1962 Code Section 56-1053; 1978 Act No. 570, Section 3; 1982 Act No. 395, Section 1; 1993 Act No. 65, Section 4; 1976 Code Section 40-37-20.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-20. Definitions.

As used in this chapter:
(1) "Board" means the South Carolina Board of Examiners in Optometry;
(2) "Contact lens" means any device placed in contact with the eye for the purpose of correcting vision, therapy, or cosmetic alteration;
(3) "Direct supervision" means supervision provided by a licensed optometrist who must:
(a) be present in the department or facility where the supervisee is performing services;
(b) be immediately available to assist the supervisee in the services being performed; and
(c) maintain continued involvement in appropriate aspects of each treatment;
(4) "Optical supplies" include, but are not limited to, contact lenses, ophthalmic lenses, ophthalmic frames;
(5) "Basic certified optometrist" means an optometrist without education or training in the use of pharmaceutical agents and licensed to practice optometry without the use of pharmaceutical agents;
(6) "Diagnostic certified optometrist" means an optometrist educated and trained in the use of pharmaceutical agents for diagnostic purposes only and licensed to practice optometry in conjunction with the use of pharmaceutical agents for diagnostic purposes only;
(7) "Therapeutic certified optometrist" means an optometrist educated and trained in the use of pharmacological agents for diagnostic and therapeutic purposes and licensed to practice optometry with the use of pharmacological agents for diagnostic and therapeutic purposes.
(8) "Operator" means the licensed optometrist, optometric practice, or organization engaged in providing optometric services directly or through persons authorized by law to provide the services.
HISTORY: 2005 Act No. 135, Section 1; 2022 Act No. 165 (H.4837), Section 1, eff May 13, 2022.
Effect of Amendment
2022 Act No. 165, Section 1, added (8).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-30. Licensing requirement; practice of optometry.

(A) It is unlawful for a person to engage in the practice of optometry in this State without being licensed by the board, except as otherwise authorized by this chapter.
(B) A person is deemed to be practicing optometry within the meaning of this chapter if the person:
(1) displays a sign or in any way advertises as an optometrist;
(2) employs any means for the measurement of the powers of vision or the adaptation of lenses for the aid of vision;
(3) uses lenses in the testing of the eye in the sale of spectacles, eyeglasses, or lenses other than lenses actually sold;
(4) examines the human eye by the employment of any subjective or objective physical means to ascertain the presence of defects or abnormal conditions for the purpose of relieving them by the use of lenses, prisms, or other physical or mechanical means;
(5) practices orthoptics or prescribes contact lenses; or
(6) utilizes pharmaceutical agents for diagnostic and/or therapeutic purposes in the practice of optometry in accordance with this chapter.
(C) The possession of appliances for the examination of the eye, optical supplies, ophthalmic instruments, or optical equipment is prima facie evidence of practicing optometry and requires compliance with this chapter.
HISTORY: 2005 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-40. Powers and duties of board; seal.

(A) The board shall:
(1) determine the eligibility of applicants for examination and licensure as optometrists;
(2) prescribe the subjects, character, and manner of licensing examinations;
(3) adopt a code of professional ethics appropriate to the profession of optometry;
(4) evaluate and set criteria for continuing education course hours and programs;
(5) conduct hearings on alleged violations by licensees of this chapter or regulations promulgated under this chapter;
(6) discipline persons licensed under this chapter; and
(7) promulgate regulations in accordance with the South Carolina Administrative Procedures Act.
(B) The board may adopt an official seal and may adopt bylaws governing its proceedings.
HISTORY: 2005 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-50. Administration of board; assessment, collection and adjustment of fees.

(A) The board must be administered by the Department of Labor, Licensing and Regulation in accordance with Chapter 1 of Title 40. The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities.
(B) Fees must be assessed, collected, and adjusted on behalf of the board by the Department of Labor, Licensing and Regulation in accordance with this chapter and Section 40-1-50(D).
HISTORY: 2005 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-80. Investigation of complaints; administration of oaths; subpoena of documents.

For the purpose of conducting an investigation under this chapter, the department shall subpoena witnesses, take evidence, and require the production of any documents or records that the board considers relevant to the inquiry. The department shall administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the board or, upon request, on behalf of a party to a proceeding. Upon failure to obey a subpoena or to answer questions propounded by the board or its hearing officer or panel, the board may apply to an administrative law judge for an order requiring the person to comply. If a board member files a complaint, the board member must not participate in the capacity as a board member at the hearing of the complaint.
HISTORY: 2005 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-90. Investigation results presented to board; disciplinary action.

The results of all investigations must be presented to the board. If from these results it appears that a violation has occurred or that a licensee has become unfit to practice optometry, the board, in accordance with the Administrative Procedures Act, may take disciplinary action. No disciplinary action may be taken unless the matter is presented to and voted upon by the board. The board may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section.
HISTORY: 2005 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-100. Civil penalties and injunctive relief.

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Chapter 1 of Title 40.
HISTORY: 2005 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-110. Grounds for discipline; suspension of license on finding of mental incompetence.

(A) In addition to the grounds for disciplinary action provided in Chapter 1 of Title 40, the board may revoke, suspend, reprimand, or otherwise restrict or limit the license of an optometrist or reprimand or otherwise discipline a licensee when it is established to the satisfaction of the board that the licensee:
(1) has been convicted of a felony or any crime involving moral turpitude; forfeiture of a bond or a plea of nolo contendere is considered a conviction;
(2) has knowingly performed an act that in any way assists a person to practice optometry illegally;
(3) has caused to be published or circulated, directly or indirectly, fraudulent, false, or misleading statements as to the skill or methods of practice of an optometrist;
(4) has failed to provide and maintain reasonable sanitary facilities;
(5) is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;
(6) has violated a provision of this chapter or regulations promulgated under this chapter;
(7) has been guilty of using third-party solicitation that is untruthful, deceptive, or coercive to obtain patronage.
(B) In addition to all other remedies and actions provided for in this chapter, the license of an optometrist adjudged mentally incompetent by a court of competent jurisdiction automatically must be suspended by the board until the optometrist is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
HISTORY: 2005 Act No. 135, Section 1.
Editor's Note
Prior Laws:1917 (30) 1; Civ. C. '22 Section 2466; 1932 Code Sections 5244, 5245; 1937 (40) 394; 1942 Code Sections 5244, 5245; 1952 Code Section 56-1077; 1962 Code Section 56-1077; 1968 (55) 2709; 1978 Act No. 570, Section 12; 1982 Act No. 395, Section 1; 1976 Code Section 40-37-220.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-150. 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 of Title 40.
HISTORY: 2005 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-170. Assessment of investigation and prosecution 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 Chapter 1 of Title 40.
HISTORY: 2005 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-200. Penalties for unlawful practice.

(A) It is unlawful for a person to practice optometry in violation of this chapter, and a person committing such a violation, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. Each violation constitutes a separate offense.
(B) In addition to the penalty provided in this section, optical supplies involved in the unlicensed practice of optometry in violation of this chapter must be confiscated and delivered to the law enforcement agency with jurisdiction where the violation occurred, and these supplies are considered contraband material as provided for in law.
(C) Penalties provided for in this chapter or in Article 1, Chapter 1 of Title 40 apply to a corporation, association, or person aiding and abetting in committing a violation.
HISTORY: 2005 Act No. 135, Section 1.
Editor's Note
Prior Laws:Prior laws: 1917 (30) 1; Civ. C. '22 Section 2467; Cr. C. '22 Section 392; 1932 Code Section 5246; 1942 Code Section 5246; 1952 Code Section 56-1080; 1962 Code Section 56-1080; 1978 Act No. 570, Section 10; 1982 Act No. 395, Section 1; 1976 Code Section 40-37-240.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-230. Denial of license.

As provided for in Chapter 1 of Title 40, 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: 2005 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-245. Licensure by endorsement; requirements.

An optometrist currently licensed and practicing at the therapeutic level in another jurisdiction may obtain a license by endorsement as an optometrist in this State. An applicant for licensure by endorsement must have:
(1) submitted a written application in the form prescribed by the board;
(2) graduated from an accredited school or college of optometry that required four years' attendance and that grants the degree of doctor of optometry, if the schools and courses are approved by the board;
(3) satisfactorily passed all required examinations recognized or conducted by the board including, but not limited to, the examination of the National Board of Examiners in Optometry;
(4) presented to the board evidence that all optometry licenses possessed by the applicant are current and in good standing;
(5) presented to the board proof that no professional licenses granted to the applicant in any other state have been suspended, revoked, or restricted for any reason except nonrenewal or for the failure to obtain the required continuing education; and
(6) paid all applicable fees specified by the board.
HISTORY: 2005 Act No. 135, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 37 - Optometrists › Section 40-37-280. Use of license by unlicensed person; delegation of tasks to supervised assistants.

(A) It is unlawful for a licensee to permit his or her license to be used by any unlicensed person, and it is unlawful for an unlicensed person to practice or attempt to practice or conduct business under the rights and privileges conferred upon another licensed person.
(B) Notwithstanding any other provision of law, an optometrist may delegate tasks to assistants working under his or her direct supervision. However, under no circumstances may an assistant be allowed to make a refraction for eyeglasses or prescribe contact lenses. Nothing in this section precludes an optometrist who is supervising an assistant from being absent from the practice for reasonable periods during the working day including, but not limited to, lunch or other customary, practice-related absences. Nothing in this section may be construed to interfere with the operation of offices in accordance with Section 40-37-325.
HISTORY: 2005 Act No. 135, Section 1.