reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-190. Yard trash; compost.

(A) Not later than twelve months after this chapter is effective, the department shall:
(1) promulgate regulations governing the proper management or disposal, or both, of yard trash and land-clearing debris;
(2) promulgate regulations establishing standards for the production of compost, including requirements necessary to produce hygienically safe compost products for varying applications; and
(3) comply with the requirements of the South Carolina Administrative Procedures Act and notify local government officials of the opportunity to provide input prior to issuing proposed regulations for comment under this article.
(B) Twenty-four months after this chapter is effective, no person shall knowingly mix yard trash and land-clearing debris with other municipal solid waste that is intended for collection or disposal at a municipal solid waste landfill or a resource recovery facility.
(C) Twenty-four months after this chapter is effective, no person shall knowingly mix other municipal solid waste with yard trash and land-clearing debris that is intended for collection and disposal at a composting facility. This prohibition does not apply to bags or other containers approved by the operator of the composting facility.
(D) Twenty-four months after this chapter is effective, no owner or operator of a municipal solid waste landfill shall knowingly accept at the gate loads composed primarily of yard trash or land-clearing debris unless the landfill provides and maintains a separate waste composting facility and composts all yard trash or land-clearing debris before disposal in the landfill or contracts for the composting of such waste at the facility.
(E) Any person violating the provisions of subsections (B) or (C) shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official or by the department.
(F) All state agencies, all political subdivisions using state funds to procure items, and all persons contracting with such agency or political subdivision where such persons procure items with state funds shall procure composted materials and products where practicable, subject to the provisions of Section 44-96-140(D).
HISTORY: 1991 Act No. 63, Section 1; 1992 Act No. 450, Section 6; 1997 Act No. 131, Section 6.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-200. White goods.

(A) Not later than eighteen months after this chapter is effective, the department shall promulgate regulations governing the proper management or disposal, or both, of white goods requiring a person selling or offering white goods for sale at retail in this State to post written notice at his place of business informing the purchaser of the proper method of disposal of used white goods. Persons dealing with the disposal of white goods are encouraged to reclaim freon from white goods containing freon before recycling or disposal.
(B) Three years after this chapter is effective, no person shall knowingly include white goods with other municipal solid waste that is intended for collection or disposal at a municipal solid waste landfill.
(C) Three years after this chapter is effective, no owner or operator of a municipal solid waste landfill shall knowingly accept white goods for disposal at such landfill.
(D) Notwithstanding any other provision of law, any person violating the provisions of subsections (B) and (C) of this section shall be subject to a fine not to exceed two hundred dollars. This provision may be enforced by a state, county, or municipal law enforcement official, or by the department. Each white good improperly disposed of shall constitute a separate violation.
(E) For sales made on or after November 1, 1991, there is imposed a fee of two dollars for each white good delivered by wholesalers to licensed retail merchants, jobbers, dealers, or other wholesalers for resale in this State. Retail merchants, jobbers, dealers, or other wholesalers receiving new white goods from unlicensed wholesalers shall be responsible for the fee imposed by this section. The wholesaler or retailer is to remit the fee to the Department of Revenue on a monthly basis. The Department of Revenue shall administer, collect, and enforce the white good disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The department is required to deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the state general fund. The State Treasurer shall credit the white good disposal fee to the Solid Waste Management Trust Fund.
HISTORY: 1991 Act No. 63, Section 1; 1993 Act No. 181, Section 1158.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-210. Newsprint.

(A) Five years after this chapter is effective, the department shall make a determination as to whether newsprint sold within this State is being recycled at a rate of thirty-five percent or more of the quantity sold within the State. If the department determines that newsprint is being recycled at a rate of less than thirty-five percent, the department shall submit a report to the Governor and to the General Assembly making recommendations on incentives or penalties to increase the recycling percentage of newsprint to at least thirty-five percent within a reasonable period of time. The department may, by regulation, establish a program to obtain and verify the information necessary to make the determination and recommendations required by this section.
(B) For the purposes of this section, "newsprint" means uncoated paper, whether supercalendered or machine finished, of the type generally used for, but not limited to, the publication of newspapers, directories, or commercial advertising mailers, which is primarily from mechanical woodpulps combined with some chemical woodpulp.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-220. Uniform Department of Revenue collection and enforcement methods apply.

The provisions of Chapter 54 of Title 12 apply to the administration, collection, and enforcement of the fees imposed by this chapter as administered by the Department of Revenue.
HISTORY: 1991 Act No. 63, Section 1; 1993 Act No. 181, Section 1159.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-235. Severability.

If any clause, sentence, paragraph, or part of this chapter or application thereof to any person or circumstance shall, for any reason, be judged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter or its application to other persons or circumstances.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-240. Findings; purposes.

(A) The General Assembly finds that:
(1) South Carolina is generating increasingly large volumes of solid waste which may pose a threat to human health and safety and to the environment if not properly managed or if managed in facilities inadequately designed and operated to ensure protection of human health and safety and the environment.
(2) Many communities are managing solid waste in existing facilities not designed and operated with technology and engineering controls that are adequately protective of the environment.
(3) A number of new solid waste management facilities will have to be established in coming years to replace older facilities as they reach capacity or as they are required to close because they cannot meet new state or federal regulatory requirements.
(4) It is the policy of the State of South Carolina to protect human health and safety and the environment from the effects of improper or inadequate solid waste management.
(5) Legislation is needed to establish an adequate regulatory framework for the siting, design, construction, operation, and closure of solid waste management facilities in order to provide protection for human health and safety and for the environment.
(6) A regional approach to the establishment of solid waste management facilities should be strongly encouraged in order to provide solid waste management services in the most efficient and cost-effective manner and to minimize any threat to human health and safety or to the environment.
(B) It is the purpose of this article to:
(1) regulate solid waste management facilities other than hazardous waste management facilities subject to the South Carolina Hazardous Waste Management Act, infectious waste management facilities subject to the South Carolina Infectious Waste Management Act, and radioactive waste facilities subject to the South Carolina Atomic Energy and Radiation Control Act and other federal and state laws; and
(2) ensure that all solid waste management facilities in this State are sited, designed, constructed, operated, and closed in a manner that protects human health and safety and the environment.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-260. Powers and duties of the department.

To carry out the purposes and provisions of this article, the department is authorized to:
(1) promulgate such regulations, procedures, or standards as are necessary to protect human health and safety or the environment from the adverse effects of improper, inadequate, or unsound management of solid waste;
(2) issue, deny, revoke, or modify permits, registrations, or orders under such conditions as the department may prescribe, pursuant to procedures consistent with the South Carolina Administrative Procedures Act, for the operation of solid waste management facilities;
(3) establish, by regulation, and collect reasonable registration and permit fees to assist in defraying the costs of the department's solid waste regulatory programs;
(4) conduct inspections, conduct investigations, obtain samples, and conduct research regarding the operation and maintenance of any solid waste management facility;
(5) enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as the department determines appropriate, with other state, federal, or interstate agencies, counties, municipalities, educational institutions, other local governments, and local health departments, consistent with the purposes and provisions of this article;
(6) receive financial and technical assistance from the federal government or private entities;
(7) cooperate with private organizations and with business and industry in carrying out the provisions of this article;
(8) establish qualifications for, and provide certification programs for, operators of landfills and other solid waste management facilities;
(9) establish and carry out an appropriate statewide educational program to inform local governments and private entities of the requirements of this article; and
(10) encourage counties and municipalities to pursue a regional approach to solid waste management within a common geographical area.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-270. Department report on regional solid waste management facilities.

The department shall conduct a study and shall submit a report to the Governor and to the General Assembly not later than eighteen months after this chapter is effective on ways to encourage counties and municipalities to pursue a regional approach to solid waste management, including incentives to encourage the siting, construction, and operation of regional solid waste management facilities.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-280. Powers of the commissioner.

The director, upon receipt of information that any aspect of solid waste management within any publicly or privately owned facility, may present an imminent and substantial hazard to human health or safety or to the environment, and may take necessary action to protect human health or safety or the environment which may include, but is not limited to, the following:
(1) entering the solid waste management facility in order to assess what actions may be necessary;
(2) issuing or modifying an order directing the person responsible for facility operations to take appropriate action to prevent or eliminate the practice which is causing the hazard or a violation of any provision of this article or regulation promulgated pursuant to this article;
(3) commencing an action to enjoin any act or practice that is causing the hazard; and
(4) inspecting and obtaining samples from a person owning, operating, or supervising any solid waste management facility. However, the department shall provide, upon request, a sample of equal volume or weight to the person owning, operating, or supervising the facility. The department also shall provide such person with a copy of the results of the analysis of the samples after the results have been properly evaluated by the department to determine their validity.
HISTORY: 1991 Act No. 63, Section 1; 1993 Act No. 181, Section 1161.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-310. Research, development, and demonstration permits.

(A) The department may issue a research, development, and demonstration permit for any solid waste management facility proposing to utilize an innovative and experimental solid waste management technology or process. The application for such permit must clearly demonstrate adequate protection of human health and safety and the environment and must be consistent with federal and state laws and regulations and this article. A permit issued under this section must not be for an activity of a continuing nature.
(B) An application for a permit issued under this section must, at a minimum:
(1) describe the proposed activity in detail;
(2) describe how the permit applicant intends to provide for the management of solid waste in order to determine the efficiency and performance capabilities of the technology or process and the effects of such technology or process on human health and safety and the environment, and how the permit applicant intends to protect human health and safety and the environment in the conduct of the project; and
(3) state that the permit applicant will share on a timely basis with the department any information obtained as a result of the activity undertaken under the permit.
(C) Not later than eighteen months after this article is effective, the department shall promulgate the criteria and procedures for the issuance of such permits.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-320. Solid waste landfills.

(A) Not later than eighteen months after this article is effective, the department shall promulgate, in addition to regulations generally applicable to all solid waste management facilities, regulations governing the siting, design, construction, operation, closure, and postclosure activities of all landfills that dispose of solid waste. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section. In determining if exemptions are warranted from all or part of the regulations applicable to this section and Section 44-96-330, the department must consider in situ soil as a criterion for granting exemptions. These regulations shall not apply to the disposal of solid waste from a single family or household on property where such waste is generated.
(B) The regulations governing solid waste landfills shall, at a minimum, contain the following requirements:
(1) the submission by the permit applicant of the following documents:
(a) a comprehensive engineering report that describes, at a minimum, existing site conditions and construction plans;
(b) a quality assurance and quality control report;
(c) a hydrogeologic report and water quality and air quality monitoring plans;
(d) a contingency plan describing the action to be taken in response to contingencies which may occur during construction and operation of the landfill;
(e) an operational plan describing how the facility will meet all applicable regulatory requirements;
(f) the maximum volume of solid waste the facility is capable of receiving over the operational life of the facility and the maximum rate at which the facility will receive that waste; and
(g) a landscape plan;
(2) locational criteria. However, the department shall grant exemptions from such criteria upon a demonstration by the permit applicant of circumstances which warrant an exemption;
(3) landfill construction requirements;
(4) facility design and operational requirements including, but not limited to, access controls, cover requirements, gas control, leachate control, exclusion of hazardous wastes, liner requirements, litter control, groundwater and surface water monitoring, and air quality monitoring;
(5) closure and postclosure requirements;
(6) financial responsibility requirements; and
(7) corrective action requirements.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-325. Commercial industrial solid waste landfill; location.

A commercial industrial solid waste landfill or an expansion permitted after the effective date of this section shall not be located within one thousand feet of a residence, hospital, church, or publicly-owned recreational park areas. For the purpose of this section only, the term "commercial industrial solid waste landfill" means an industrial solid waste landfill which accepts industrial solid waste from more than one generator of industrial solid waste.
HISTORY: 1997 Act No. 100, Section 6.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-350. Minimum requirements for the management of municipal solid waste incinerator ash.

(A) In addition to the requirements imposed by this article, the regulations promulgated by the department must require, at a minimum, that municipal solid waste incinerator ash which is disposed of at a solid waste landfill be disposed of only in the following manner:
(1) the unit is located, designed, and operated so as to protect human health and safety and the environment;
(2) the unit has a groundwater monitoring system and a leachate collection and removal system; and
(3) the unit has a single composite liner or double geomembrane liner designed, operated, and constructed of materials to restrict the migration of any constituent into and through such liner during such period as the unit remains in operation.
(B) The department shall prescribe criteria and testing procedures for identifying the properties of municipal solid waste incinerator ash that may result in entry into groundwater or surface water in such manner as may pose a hazard to human health and safety or to the environment. The department shall prescribe such criteria and testing procedures not later than eighteen months after this article is effective. Based on the criteria and testing procedures, the regulations shall permit municipal incinerator ash which does not exhibit any of the properties identified in such criteria to be disposed of in solid waste landfill units or cells meeting the applicable regulatory requirements of this section. If such ash exhibits any of the properties identified in the criteria, the department may require that it be disposed of in a landfill meeting the requirements for hazardous waste disposal.
HISTORY: 1991 Act No. 63, Section 1; 2000 Act No. 405, Section 17.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-370. Storage and transfer of solid waste.

(A) Not later than eighteen months after this article is effective, the department shall promulgate regulations establishing minimum standards for any storage of solid waste prior to processing or incineration or at or in a transfer station. Such regulations shall require that any spillage or leakage of solid waste be contained on the storage site and that no unpermitted discharges to the environment occur. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section.
(B) Not later than eighteen months after this article is effective, the department shall promulgate regulations governing solid waste transfer facilities. The regulations shall, at a minimum, require the submission by a permit applicant of a plan of operation and shall establish locational criteria, operational requirements, and closure requirements. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-380. Land application facilities; composting facilities; construction, demolition, and land clearing debris landfills.

(A) Not later than eighteen months after this article is effective, the department shall promulgate regulations establishing minimum standards for land application facilities and composting facilities. The regulations shall, at a minimum, establish operational requirements and siting requirements. The department may, by regulation, exempt certain facilities from all or part of the requirements of this section.
(B) Not later than eighteen months after this article is effective, the department shall promulgate regulations establishing minimum standards for construction, demolition, and land clearing debris landfills. The department may, by regulation, exempt certain sites or facilities from all or part of the requirements of this section. The department shall exempt a landfill for the disposal of trees, stumps, wood chips, and yard waste when generation and disposal of such waste occurs on properties under the same ownership or control. The regulation shall, at a minimum, contain the following requirements:
(1) site selection;
(2) construction;
(3) hydrogeologic;
(4) operation; and
(5) closure and postclosure.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-400. Information requirements by department; disclosure of information obtained by department.

(A) To assist in carrying out its responsibilities under this chapter, the department may require:
(1) the establishment and maintenance of records;
(2) the making of reports;
(3) the taking of samples and the performing of tests or analyses;
(4) the installation, calibration, use, and maintenance of monitoring equipment; or
(5) the providing of such other information as may be reasonably necessary to achieve the purposes of this chapter.
(B) Information obtained by the department pursuant to this chapter shall be available to the public unless the department determines such information to be proprietary. The department may make such determinations where the person submitting the information demonstrates to the satisfaction of the department that the information, or parts thereof, if made public, would divulge methods, production rates, processes, or other confidential information entitled to protection.
HISTORY: 1991 Act No. 63, Section 1; 1997 Act No. 131, Section 3.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-410. Inspections; samples.

For the purpose of enforcing this chapter or any regulations promulgated pursuant to this chapter, an authorized representative or employee of the department may, upon presentation of appropriate credentials, at a reasonable time:
(1) enter any facility where solid wastes are managed;
(2) inspect and copy any records, reports, information, or test results necessary to carry out the department's responsibilities under this chapter; or
(3) inspect and obtain samples of any solid wastes from the owner, operator, or agent in charge of the facility, including samples from any vehicles in which solid wastes are being transported, as well as samples of any containers or labels. The department shall provide a sample of equal volume or weight to the owner, operator, or agent in charge upon request. The department also shall provide such person with a copy of the results of any analyses of such samples.
HISTORY: 1991 Act No. 63, Section 1; 1997 Act No. 131, Section 4.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-420. Issuance, modification, or revocation of orders to prevent violations of chapter.

The department may issue, modify, or revoke any order to prevent a violation of this chapter.
HISTORY: 1991 Act No. 63, Section 1; 1997 Act No. 131, Section 5.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-430. Hearings.

The department may hold public hearings and compel the attendance of witnesses, conduct studies, investigations, and research with respect to the operation and maintenance of any solid waste management facility and issue, deny, revoke, suspend, or modify permits under such conditions as it may prescribe for the operation of solid waste management facilities. However, no permit shall be revoked without first providing the permit holder with the opportunity for a hearing.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-440. Unlawful acts.

(A) It shall be unlawful for any person to manage solid wastes in this State without reporting such activity to the department as required by regulation.
(B) It shall be unlawful for any person to manage solid wastes in this State without complying with the standards and procedures set forth in such regulations.
(C) It shall be unlawful for any person to fail to comply with this article and any regulations promulgated pursuant to this article, or to fail to comply with any permit issued under this article, or to fail to comply with any order issued by the board, commissioner, or department.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-450. Violations; penalties.

(A) Whenever the department finds that a person is in violation of a permit, regulation, standard, or requirement under this article, the department may issue an order requiring the person to comply with the permit, regulation, standard, or requirement, or the department may bring civil action for injunctive relief in the appropriate court, or the department may request that the Attorney General bring civil or criminal enforcement action under this section. The department also may impose reasonable civil penalties established by regulation, not to exceed ten thousand dollars for each day of violation, for violations of the provisions of this article, including any order, permit, regulation, or standard. After exhaustion of administrative remedies, a person against whom a civil penalty is invoked by the department may appeal the decision of the department or board to the court of common pleas.
(B) A person who wilfully violates any provision of this article, or a regulation promulgated pursuant to this article, is guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars for each day of violation or imprisoned for not more than one year, or both. If the conviction is for a second or subsequent offense, the punishment shall be a fine not to exceed twenty-five thousand dollars for each day of violation or imprisonment not to exceed two years, or both. The provisions of this subsection shall not apply to officials and employees of a local government owning or operating, or both, a municipal solid waste management facility or to officials and employees of a region, comprised of local governments, owning or operating, or both, a regional municipal solid waste management facility.
(C) Each day of noncompliance with an order issued pursuant to this section or noncompliance with a permit, regulation, standard, or requirement established under this article constitutes a separate offense.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 96 - South Carolina Solid Waste Policy And Management Act › Section 44-96-460. Training of operators of solid waste management facilities.

(A) The department shall establish qualifications for and encourage the development of certification programs for operators of landfills, coordinators of local recycling programs, and operators of other solid waste management facilities.
(B) The department shall work with accredited community colleges, vocational technical centers, state universities, and private institutions in developing educational materials, courses of study, and other such information to be made available for persons seeking to be certified as operators of solid waste management facilities.
(C) Two years after this article is effective, no person may perform the duties of an operator of a solid waste management facility unless he has completed an operator certification course approved by the department. An owner of a solid waste management facility may not employ any person to perform the duties of an operator unless such person has completed an approved solid waste management facility operator certification course.
(D) The department shall adopt regulations to carry out the provisions of this section. The department may establish by rule classifications for operators to cover the need for differing levels of certification required to operate various types of solid waste management facilities due to different operating requirements at such facilities.
(E) For purposes of this section, the term "operator" means any person, including the owner, who is principally engaged in, or is in charge of, the actual operation, supervision, and maintenance of a solid waste management facility and includes the person in charge of a shift or period during any part of the day.
HISTORY: 1991 Act No. 63, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 99 - Insect Sting Emergency Treatment Act › Section 44-99-10. Definitions.

As used in this chapter:
(1) "Administer" means the direct application of an epinephrine auto-injector to the body of an individual.
(2) "Authorized entity" means any entity or organization, other than a school described in Section 59-63-95, in connection with or at which allergens capable of causing anaphylaxis may be present including, but not limited to, recreation camps, colleges and universities, daycare facilities, places of worship, youth sports leagues, amusement parks, restaurants, places of employment, and sports arenas.
(3) "Department" means the South Carolina Department of Health and Environmental Control.
(4) "Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
(5) "Health care practitioner" means a physician, an advanced practice registered nurse authorized to prescribe medication pursuant to Section 40-33-34, or a physician assistant authorized to prescribe medication pursuant to Sections 40-47-955 through 40-47-965.
(6) "Physician" means a person authorized to practice medicine pursuant to Article 1, Chapter 47, Title 40.
(7) "Provide" means the supply of one or more epinephrine auto-injectors to an individual.
HISTORY: 1990 Act No. 529, Section 2; 2016 Act No. 156 (H.3706), Section 2, eff April 21, 2016.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 99 - Insect Sting Emergency Treatment Act › Section 44-99-20. Prescription of epinephrine auto-injectors to authorized entity.

Notwithstanding any other provision of law, a health care practitioner may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this chapter. Notwithstanding any other provision of law, pharmacists and health care practitioners may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity. A prescription issued pursuant to this chapter is valid for two years. For the purposes of administering and storing epinephrine auto-injectors, authorized entities are not subject to Chapter 43, Title 40 or Chapter 99 of the South Carolina Code of State Regulations.
HISTORY: 1990 Act No. 529, Section 2; 2016 Act No. 156 (H.3706), Section 2, eff April 21, 2016.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 99 - Insect Sting Emergency Treatment Act › Section 44-99-30. Acquisition and stock of epinephrine auto-injectors by authorized entity.

Notwithstanding any other provision of law, an authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this chapter. Epinephrine auto-injectors acquired pursuant to this chapter must be stored in a location readily accessible in an emergency and in accordance with the epinephrine auto-injector's instructions for use, requirements that may be established by the South Carolina Department of Health and Environmental Control, and recommendations included as part of an approved training. An authorized entity shall designate employees or agents who have completed the training required by Section 44-99-50, to be responsible for the storage, maintenance, control, and general oversight of epinephrine auto-injectors acquired by the authorized entity.
HISTORY: 1990 Act No. 529, Section 2; 2016 Act No. 156 (H.3706), Section 2, eff April 21, 2016.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 99 - Insect Sting Emergency Treatment Act › Section 44-99-40. Use of epinephrine auto-injectors.

Notwithstanding any other provision of law, an employee, agent, or other individual associated with an authorized entity, who has completed the training required by Section 44-99-50, may use epinephrine auto-injectors prescribed pursuant to Section 44-99-20 to:
(1) provide an epinephrine auto-injector to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, or the parent, guardian, or caregiver of that individual, for immediate administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; and
(2) administer an epinephrine auto-injector to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
HISTORY: 1990 Act No. 529, Section 2; 2016 Act No. 156 (H.3706), Section 2, eff April 21, 2016.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 99 - Insect Sting Emergency Treatment Act › Section 44-99-50. Anaphylaxis training program.

(A) An employee, agent, or other individual described in Section 44-99-30 or 44-99-40, before undertaking an act authorized by this chapter, shall complete an anaphylaxis training program and must complete an anaphylaxis training program at least every two years following completion of the initial anaphylaxis training program. The training must be conducted by the South Carolina Department of Health and Environmental Control, a licensed medical provider, a nationally recognized organization experienced in training laypersons in emergency health treatment, the manufacturer of an epinephrine auto-injector, an organization with a training program that has been approved in at least three states, or an entity or individual approved by the department. The department also may approve specific entities or individuals or may approve classes of entities or individuals to conduct training.
(B) Training may be conducted online or in person and, at a minimum, must address:
(1) how to recognize signs and symptoms of severe allergic reactions, including anaphylaxis;
(2) standards and procedures for the storage and administration of an epinephrine auto-injector; and
(3) emergency follow-up procedures.
(C) The entity that conducts the training shall issue a certificate to each person who successfully completes the anaphylaxis training program. The certificate, at a minimum, must include:
(1) the name of the organization or individual conducting the training;
(2) the name of the individual being trained; and
(3) the date the training occurred.
HISTORY: 1990 Act No. 529, Section 2; 2016 Act No. 156 (H.3706), Section 2, eff April 21, 2016.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 99 - Insect Sting Emergency Treatment Act › Section 44-99-60. Immunity.

(A) An authorized entity that possesses and makes available epinephrine auto-injectors, and its employees, agents, and other individuals, a health care practitioner that prescribes or dispenses epinephrine auto-injectors to an authorized entity, a pharmacist or health care practitioner that dispenses epinephrine auto-injectors to an authorized entity, a third party that facilitates the availability of epinephrine auto-injectors to an authorized entity, the department or other state agency engaged in approving training or in providing guidance to implement this chapter, and an individual or entity that conducts the training described in Section 44-99-50, are not liable for any injuries or related damages that result from any act or omission taken pursuant to this chapter; however, this immunity does not apply to acts or omissions constituting negligence, gross negligence, or wilful, wanton, or reckless disregard for the safety of others or for an act or omission that is performed while the individual is impaired by alcohol or drugs.
(B) The administration of an epinephrine auto-injector in accordance with this chapter is not the practice of medicine or any other profession that otherwise requires licensure.
(C) This chapter does not eliminate, limit, or reduce any other immunities or defenses that may be available pursuant to state law, including those available pursuant to Section 15-1-310 and Chapter 78, Title 15.
(D) An entity located in this State is not liable for any injuries or related damages that result from the provision or administration of an epinephrine auto-injector outside of this State if the entity:
(1) would not have been liable for the injuries or related damages had the provision or administration occurred within this State; or
(2) is not liable for the injuries or related damages under the law of the state in which such provision or administration occurred.
HISTORY: 1990 Act No. 529, Section 2; 2016 Act No. 156 (H.3706), Section 2, eff April 21, 2016.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 107 - The Drug-free Workplace Act › Section 44-107-20. Definitions.

As used in this chapter:
(1) "Drug-free workplace" means a site for the performance of work done in connection with a specific grant or contract of an entity at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this chapter.
(2) "Employee" means the employee of a grantee or contractor engaged in the performance of work pursuant to the provisions of the grant or contract.
(3) "Controlled substance" means a controlled substance in Article 3, Chapter 53 of this title.
(4) "Conviction" means a finding of guilt, including a plea of nolo contendere or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
(5) "Criminal drug statute" means a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance.
(6) "Grantee" means the department, division, or other unit of a person responsible for the performance under a grant.
(7) "Contractor" means the department, division, or other unit of a person responsible for the performance under a contract with a state agency.
HISTORY: 1990 Act No. 593, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 107 - The Drug-free Workplace Act › Section 44-107-30. Certification that drug-free conditions exist required for eligibility for certain state grants and contracts.

No person, other than an individual, may receive a domestic grant or be awarded a domestic contract for the procurement of any goods, construction, or services for a stated or estimated value of fifty thousand dollars or more from any state agency unless the person has certified to the using agency that it will provide a drug-free workplace by:
(1) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's workplace and specifying the actions that will be taken against employees for violations of the prohibition;
(2) establishing a drug-free awareness program to inform employees about:
(a) the dangers of drug abuse in the workplace;
(b) the person's policy of maintaining a drug-free workplace;
(c) any available drug counseling, rehabilitation, and employee assistance programs; and
(d) the penalties that may be imposed upon employees for drug violations;
(3) making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by item (1);
(4) notifying the employee in the statement required by item (1) that, as a condition of employment on the contract or grant, the employee will:
(a) abide by the terms of the statement; and
(b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after the conviction;
(5) notifying the using agency within ten days after receiving notice under item (4)(b) from an employee or otherwise receiving actual notice of the conviction;
(6) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee convicted as required by Section 44-107-50; and
(7) making a good faith effort to continue to maintain a drug-free workplace through implementation of items (1), (2), (3), (4), (5), and (6).
HISTORY: 1990 Act No. 593, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 107 - The Drug-free Workplace Act › Section 44-107-40. Individual required to certify absence of drug-related activity to qualify for state grant or contract.

No state agency may enter into a domestic contract or make a domestic grant with any individual for a stated or estimated value of fifty thousand dollars or more unless the contract or grant includes a certification by the individual that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract.
HISTORY: 1990 Act No. 593, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 107 - The Drug-free Workplace Act › Section 44-107-50. Required response to employee's conviction of drug-related offense.

A grantee or contractor shall, within thirty days after receiving notice from an employee of a conviction pursuant to Article 3, Chapter 53 of this title:
(1) take appropriate personnel action against the employee up to and including termination; or
(2) require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for the purposes by a federal, state, or local health, law enforcement, or other appropriate agency.
HISTORY: 1990 Act No. 593, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 107 - The Drug-free Workplace Act › Section 44-107-60. Conditions justifying suspension or termination of state grant or contract.

Each domestic contract or domestic grant awarded by a state agency is subject to suspension of payments or termination or both, and the contractor or grantee under the contract or grant or the individual who entered the contract with or received the grant from the state agency, as applicable, is subject to suspension or debarment in accordance with Section 11-35-4220 if the appropriate Chief Procurement Officer, as defined in Section 11-35-310(5), determines that:
(1) the contractor or grantee has made a false certification under Section 44-107-30 or 44-107-40;
(2) the contractor or grantee violates the certification by failing to carry out the requirements of Section 44-107-30(1), (2), (3), (4), (5), and (6);
(3) the contractor or grantee does not take appropriate remedial action against employees convicted on drug offenses as specified in Section 44-107-50; or
(4) the number of employees of the contractor or grantee who have been convicted of violations of criminal drug statutes for violations occurring in the workplace reasonably indicates that the contractor or grant recipient has failed to make a good faith effort to provide a drug-free workplace as required by this chapter.
HISTORY: 1990 Act No. 593, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 107 - The Drug-free Workplace Act › Section 44-107-70. Duration of debarment.

Upon issuance of any final decision under this chapter requiring debarment of a contractor, grantee, or individual, the contractor, grantee, or individual is ineligible for award of any contract or grant by any state agency for a period specified in the decision of at least one year but not to exceed five years.
HISTORY: 1990 Act No. 593, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 107 - The Drug-free Workplace Act › Section 44-107-80. Technical assistance with implementation.

Upon request, the Department of Alcohol and Other Drug Abuse Services shall provide technical assistance to any state agency to assist with the implementation of this chapter. Additionally, upon request, the names and addresses of contractors and grantees providing a drug-free workplace pursuant to this chapter must be provided to the department.
HISTORY: 1990 Act No. 593, Section 1; 1993 Act No. 181, Section 1162.