reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-113. Application for licensure as a massage therapy or sole practitioner establishment.

(A) To apply for licensure as a massage therapy establishment or a sole practitioner establishment, an applicant must submit:
(1) a completed application on a form prescribed by the board, accompanied by all applicable fees for each massage therapy establishment or sole practitioner establishment location;
(2) the name, address, and telephone number of each owner of the massage therapy establishment or sole practitioner establishment; and
(3) the physical address, mailing address, and telephone number of the premises of the massage therapy establishment or sole practitioner establishment.
(B) A massage therapy establishment or sole practitioner establishment must be organized or registered under applicable South Carolina law as an entity, as defined in this chapter.
(C) Upon the board's receipt and approval of the information required by this section, the department shall conduct a pre-licensing inspection of the proposed establishment to determine whether the establishment may be licensed as a massage therapy establishment or a sole practitioner establishment. The department shall provide its determination on a form approved by the board.
HISTORY: 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-117. Requirements for granting license by endorsement to massage therapist licensed in another state.

The board may grant a license by endorsement to a massage therapist who holds an active massage therapist license and is in good standing in another state, the District of Columbia, or any other United States territory if the board determines that the standards for licensure are at least substantially equivalent to the licensing standards provided for in this chapter. The board may require the applicant to provide additional information or meet certain requirements provided for in this chapter as it deems necessary for issuing a license by endorsement. A National Certification Board for Therapeutic Massage and Bodywork examination taken prior to November 1, 2014, shall be acceptable.
HISTORY: 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-120. Employment of massage therapists with active licenses in good standing; operation in a residence; revocation of license; regulations.

(A) A licensed establishment shall only employ or contract with a massage therapist holding an active license in good standing in this State to perform massage therapy.
(B) A licensed establishment may operate in the residence of a licensed massage therapist in accordance with procedures approved by the board.
(C) If an establishment's license is revoked, then no new license may be issued to operate on the same premises for one year after the date of revocation.
(D) The board may promulgate regulations to establish additional requirements and prohibitions regarding the operation of massage therapy establishments and sole practitioner establishments.
HISTORY: 1996 Act No. 387, Section 1; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
2022 Act No. 151, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-130. Examination.

(A) An applicant who fails an examination pursuant to Section 40-30-110 may be reexamined as provided by the board.
(B) Upon an applicant's successful completion of an examination, the board shall be notified by the examination provider.
HISTORY: 1996 Act No. 387, Section 1; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
2022 Act No. 151, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-140. Issuance of license.

(A) If an applicant satisfies the licensure requirements and pays the applicable fees, as provided in this chapter, then the board shall issue the appropriate license to the applicant. A license issued pursuant to this chapter is not transferable.
(B) A person licensed as a massage therapist under this chapter shall display his original license with a two inch by two inch current photo in a prominent and conspicuous place that is viewable by the general public in the massage therapy establishment or sole practitioner establishment. If a massage therapist provides massage therapy services outside of the massage therapy establishment or sole practitioner establishment, then the massage therapist must carry his original licensing card so that it is available at all times.
(C) A massage therapy establishment or sole practitioner establishment licensed pursuant to this chapter shall display its current license in a prominent and conspicuous place that is viewable to the general public.
(1) Establishment licenses are valid only for the owners named on the licensure applications. If there is a new owner or an ownership change, then the new owner must apply for an establishment license, and all applicable requirements of this chapter must be met.
(2) Establishment licenses are valid only for the location named on the initial and renewal licensure applications. If there is an address change, then the owner must notify the department within fifteen business days and must apply for an establishment license, and all applicable requirements of this chapter must be met.
(3) Establishment licenses are valid only for the name of the establishment provided on the licensure and renewal applications. If there is an establishment name change, then the owner must notify the department within fifteen business days of this change. No department inspection is required.
(D) A licensee must include the licensee's license number in any advertisement for the licensee's services.
(E) Only a person licensed under this chapter may use the title of "massage therapist". No person or entity shall use the words "massage therapy", "bodywork therapy", "massage-bodywork therapist", "massage therapist", the acronym "MT", "bodywork therapist", "massage", or "licensed massage therapist", the acronym "LMT", or any other words identified by the board in regulation unless the person or entity is licensed pursuant to this chapter.
HISTORY: 1996 Act No. 387, Section 1; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
2022 Act No. 151, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-150. Inspection of massage therapy and sole practitioner establishments.

(A) The department may periodically inspect massage therapy establishments and sole practitioner establishments during business hours, without prior notice. The department shall document inspections on a form approved by the board.
(B) Such inspections may include, but are not limited to, confirmation that a site is being utilized for massage therapy in accordance with its license and a determination as to whether the establishment is in compliance with this chapter and other applicable laws and regulations.
(C) Failure to cooperate with departmental inspections may lead to disciplinary action, cease and desist orders, or temporary suspension pursuant to this chapter and the Administrative Procedures Act.
HISTORY: 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Editor's Note
Prior Laws: Former Section 40-30-150 was titled License from another state, and had the following history: 1996 Act No. 387, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-160. Violations of this chapter; administrative citations; cease and desist orders; appeal.

(A) The board may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against an establishment or individual, including unlicensed persons, for violations of this chapter or Chapter 1, Title 40 and related regulations.
(B) For each violation, separate citations may be issued, and separate administrative penalties may be assessed; however, no more than five thousand dollars in administrative penalties may be assessed against an establishment or an individual, including an unlicensed practice, per offense. Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal.
(C) An entity or individual that has been assessed administrative penalties may appeal those penalties to the board within ten days of receipt of a citation. If an appeal is filed, then the department shall schedule a hearing before the board, which shall make a determination on the matter. If no appeal is filed, then the citation is considered a final order, and the administrative penalties must be paid within thirty days of receipt of the citation or other written demand.
HISTORY: 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Editor's Note
Prior Laws: Former Section 40-30-160 was titled Records and registry, and had the following history: 1996 Act No. 387, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-170. Omitted.

HISTORY: Former Section, titled Publication of roster, had the following history: 1996 Act No. 387, Section 1. Omitted by 2022 Act No. 151, Section 2, eff May 13, 2023.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-180. Renewal of license.

(A) A person or entity holding a massage therapist license, massage therapy establishment license, or sole practitioner establishment license, pursuant to this chapter, must biennially satisfy the following license renewal requirements:
(1) pay a renewal fee in the amount, at the time, and in the manner provided by the board;
(2) complete continuing education requirements prescribed by the board in accordance with this chapter, if applicable, and submit evidence of compliance on a form prescribed by the board. The submitted continuing education compliance reports may be subject to random audits by the board. A licensee that does not comply with a continuing education audit request or that provides an incomplete compliance report may be subject to disciplinary action.
(B)(1) A license automatically reverts to lapsed status if the licensee fails to timely comply with the renewal requirements of this chapter. The license may be reinstated only upon application and payment of any fees and after having met any additional requirements which the board may establish including, but not limited to, an updated background check and continuing education requirements.
(2) If a massage therapy establishment license or a sole practitioner establishment license lapses, then the establishment must pass an inspection by the department prior to licensure reinstatement. The establishment licensee may also be subject to additional requirements, as determined by the board.
(3) A lapsed license status does not stay any disciplinary actions for violations that occurred during the course of an active license.
(4) An individual or establishment may not provide massage therapy services while a license is in lapsed status.
(C)(1) A license that has lapsed for more than one year shall be automatically canceled if the licensee has not submitted an application for reinstatement.
(2) If a license is canceled pursuant to this section, then an individual or entity may apply for a new license in accordance with this chapter and related regulations.
HISTORY: 1996 Act No. 387, Section 1; 1999 Act No. 26, Section 1; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
2022 Act No. 151, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-185. Inactive status.

(A) A licensee may provide a written request to the board to place a license in inactive status. If a license is placed in inactive status, then a licensee is not authorized to practice massage therapy in this State until the license is reinstated to active status.
(B) A licensee holding a license in inactive status must biennially renew the license to retain inactive status. A license may remain in inactive status for an indefinite time.
(C) A license may be reactivated from inactive status in a manner provided by the board.
(D) Inactive status does not stay any disciplinary actions for violations that occurred during the course of an active license.
HISTORY: 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-190. Promulgation of regulations.

The board shall promulgate regulations establishing the following:
(1) continuing education requirements and compliance procedures:
(a) for license renewal or reinstatement, not to exceed twelve hours per biennium;
(b) for license reactivation, not to exceed six hours for each year the license is inactive;
(2) criteria for the evaluation and approval of continuing education hours, programs, or courses including, but not limited to, correspondence courses and electronic courses.
HISTORY: 1996 Act No. 387, Section 1; 1999 Act No. 26, Section 2; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
2022 Act No. 151, Section 2, in the first undesignated paragraph, substituted "board" for "department" and inserted "the following"; in (1), in (a), inserted "or reinstatement" and deleted "classroom" following "twelve", and in (b), substituted "reactivation" for "reinstatement", deleted "classroom" following "six", and substituted "is inactive" for "was inactive"; and in (2), inserted "evaluation and", "hours," and "and electronic courses".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-200. Investigation of complaints.

(A) The department shall investigate complaints and violations as provided in this chapter and Chapter 1, Title 40.
(B) The presiding officer of the board may administer oaths if taking testimony concerning any matters pertaining to the business or duties of the board. If after investigation it appears that probable cause exists for a hearing, a time and a place must be set by the board for a hearing to determine whether disciplinary action must be taken against the licensee. Notice must be given and the hearing conducted in accordance with the Administrative Procedures Act.
(C) A person aggrieved by a final action of the board may seek an appeal of the decision in accordance with Section 40-1-160.
(D) Service of a notice of appeal does not stay the board's or the department's decision pending completion of the appellate process.
HISTORY: 1996 Act No. 387, Section 1; 2013 Act No. 41, Section 5, eff June 7, 2013; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
The 2013 amendment deleted "disciplinary" before "panel for a hearing", and made other nonsubstantive changes.
2022 Act No. 151, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-220. Cease and desist orders; temporary restraining orders.

(A) If the board or the department has reason to believe that an individual or an entity is violating or intends to violate a provision of this chapter or a regulation promulgated pursuant to this chapter, in addition to all other remedies, the board may order an individual or an entity to immediately cease and desist from engaging in the conduct. If the individual is practicing massage therapy or an entity is operating a massage therapy establishment or sole practitioner establishment without being licensed pursuant to this chapter, then the board or the department also may apply to an administrative law judge for a temporary restraining order prohibiting the unlawful practice. The board or the department may also seek from an administrative law judge other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated pursuant to this chapter.
(B) A board member, the director of the department, or any other employee of the department may not be held liable for damages resulting from a wrongful temporary restraining order.
HISTORY: 1996 Act No. 387, Section 1; 2013 Act No. 41, Section 6, eff June 7, 2013; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
The 2013 amendment, in the last paragraph of subsection (A), substituted "A panel member" for "No disciplinary panel member", and made other nonsubstantive changes.
2022 Act No. 151, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-235. Grounds for denial of licensure to massage therapy or sole practitioner establishment applicants.

In addition to the grounds provided in Section 40-1-110, the board may deny licensure to an applicant for a massage therapy establishment or sole practitioner establishment license or may take disciplinary action against an entity licensed as a massage therapy establishment or sole practitioner establishment that:
(1) used a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act in applying for a license pursuant to this chapter;
(2) has had a license, permit, certificate, or registration from South Carolina or another state or jurisdiction denied, canceled, revoked, suspended, or otherwise restricted;
(3) has violated a provision of this chapter, a regulation promulgated pursuant to this chapter, or an order of the department or the board;
(4) has intentionally or knowingly, directly or indirectly, aided or abetted in the violation of or a conspiracy to violate this chapter or a regulation promulgated pursuant to this chapter;
(5) has intentionally used a fraudulent statement in a document connected to the conduct of its establishment, or has made false, deceptive, or misleading statements in the conduct of its establishment or in related advertising;
(6) has obtained fees or assisted in obtaining fees under intentionally fraudulent circumstances;
(7) has engaged in unlicensed practice;
(8) has allowed an individual, employee, or independent contractor to practice massage therapy on the premises of the establishment without an active license to practice massage therapy pursuant to this chapter;
(9) has presented as its own license the license of another establishment;
(10) has allowed the use of a license by an unlicensed establishment;
(11) has falsely impersonated another license holder; or
(12) has used or has attempted to use a license that has been revoked, suspended, or otherwise restricted from active licensure.
HISTORY: 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-250. Discipline.

(A) Upon a determination by the board that one or more of the grounds for discipline exists, in addition to sanctions provided in Section 40-1-120, the board may:
(1) issue a nondisciplinary letter of caution;
(2) issue a private reprimand;
(3) issue a public reprimand;
(4) impose a fine not to exceed five thousand dollars per violation;
(5) place the licensee on probation, restrict the license, or suspend the license for a definite or indefinite time and prescribe conditions to be met during probation, restriction, or suspension, respectively including, but not limited to, satisfactory completion of additional education of a supervisory period or of continuing education programs as may be specified; or
(6) temporarily or permanently revoke the license.
(B) A decision by the board to discipline a licensee as authorized pursuant to this section must be made by a majority vote of a quorum of the entire membership of the board, reduced by any vacancies existing at the time.
(C) Except for a private reprimand, a final order of the board pursuant to this section is public information.
HISTORY: 1996 Act No. 387, Section 1; 2013 Act No. 41, Section 6, eff June 7, 2013; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
The 2013 amendment substituted "panel" for "disciplinary panel" throughout; added subsection (A)(2), relating to private reprimand; redesignated former subsections (A)(2) through (A)(5) as (A)(3) through (A)(6); and made other nonsubstantive changes.
2022 Act No. 151, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-260. Voluntary surrender of license.

(A) A licensee who is under investigation for misconduct, pursuant to Section 40-30-230 or Section 40-30-235, voluntarily may surrender its license to the board, invalidating the license at the time it is surrendered. An individual or establishment that voluntarily surrenders a license may not practice as a massage therapist or operate as a massage therapy establishment or sole practitioner establishment until the board reinstates the license. An individual or an establishment practicing as a massage therapist or operating as a massage therapy establishment or sole practitioner establishment during the period of voluntary license surrender is deemed an unlicensed practitioner or establishment and is subject to the applicable penalties.
(B) Surrendering a license must not be considered an admission of guilt in a proceeding held pursuant to this chapter. However, surrendering a license does not preclude the board from imposing conditions on the acceptance of the proffered license or from taking disciplinary action against the licensee.
HISTORY: 1996 Act No. 387, Section 1; 2013 Act No. 41, Section 6, eff June 7, 2013; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
The 2013 amendment rewrote the section.
2022 Act No. 151, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-270. Omitted.

HISTORY: Former Section, titled Appeal, had the following history: 1996 Act No. 387, Section 1; 2013 Act No. 41, Section 6, eff June 7, 2013. Omitted by 2022 Act No. 151, Section 2, eff May 13, 2023.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-280. Service of notice upon nonresident.

(A) Service of any notice provided for by law upon a nonresident licensed under this chapter or upon a resident who having been licensed, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the director of the department or his designee a copy of the notice and any accompanying documents. A copy of the notice, accompanying documents, and a certified copy of the service on the director or his designee must be mailed to the licensee at his last known address, return receipt requested. The director or his designee shall keep a record of the day of the service of the notice, and the return receipt must be attached to and made a part of the return of service of the notice by the department.
(B) A continuance may be given in any hearing under this chapter for which notice is given pursuant to this section so as to afford the licensee a reasonable opportunity to appear and be heard.
HISTORY: 1996 Act No. 387, Section 1; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
2022 Act No. 151, Section 2, in (A), in the first sentence, substituted "director of the department or his designee" for "Director of the Department of Labor, Licensing and Regulation", in the second and third sentences, inserted "or his designee" following "director".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-290. Costs and fines.

(A) All costs and fines imposed under Section 40-30-250 or Section 40-30-160 are due and payable as required by the board. Failure to pay costs and fines may result in action pursuant to Section 40-1-180.
(B) A licensee found to be in violation of this chapter or the regulations promulgated under this chapter may be required to pay costs associated with the investigation of its case, pursuant to Section 40-1-170.
HISTORY: 1996 Act No. 387, Section 1; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
Effect of Amendment
2022 Act No. 151, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-300. Privileged communications.

(A) Every communication, whether oral or written, made by or on behalf of an individual or an establishment, to the director, his designee, or the board, whether by way of complaint or testimony, is privileged, and no action or proceeding, civil or criminal, may be brought against the individual or establishment, by or on whose behalf the communication is made, except upon proof that the communication was made with malice.
(B) Investigations conducted under this chapter are confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action.
(C) Nothing in this chapter may be construed to prohibit the respondent or the respondent's legal counsel from exercising the respondent's constitutional right of due process under the law including, but not limited to, the respondent's right to have normal access to the charges and evidence filed against the respondent.
HISTORY: 1996 Act No. 387, Section 1; 2013 Act No. 41, Section 7, eff June 7, 2013; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
The 2013 amendment, in subsection (A), deleted "disciplinary" before "panel"; in subsection (B), substituted " including, but not limited to, the respondent's right to have normal access to the charges and evidence filed against him or her" for "nor as prohibiting the respondent from normal access to the charges and evidence filed against him as part of due process under the law"; and made other nonsubstantive changes.
2022 Act No. 151, Section 2, in (A), substituted "or an establishment, to the director, his designee, or the board," for "to the director or the panel," and inserted "or establishment" following "the individual"; inserted (B) and redesignated former (B) as (C); and in (C), substituted "the respondent's" for "his or her" and "the respondent" for "him or her", and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-310. Omitted.

HISTORY: Former Section, titled Violation of chapter; civil penalties, had the following history: 1996 Act No. 387, Section 1; 2013 Act No. 41, Section 7, eff June 7, 2013. Omitted by 2022 Act No. 151, Section 2, eff May 13, 2023.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 30 - Massage/bodywork Practice Act › Section 40-30-320. Instruction of massage therapy.

Nothing in this chapter may be construed to prevent the teaching of massage therapy in this State at an approved massage therapy school or in an approved massage therapy education program.
HISTORY: 1996 Act No. 387, Section 1; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
2022 Act No. 151, Section 2, substituted "teaching of massage therapy" for "teaching of massage/bodywork" and "massage therapy school or in an approved massage therapy education program" for "massage/bodywork school".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 31 - Naturopathy › Section 40-31-10. Practice unlawful.

It shall be unlawful for any person whether heretofore licensed or not under the laws of this or any other State to practice naturopathy in this State.
HISTORY: 1962 Code Section 56-901; 1956 (49) 1624.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 31 - Naturopathy › Section 40-31-20. Penalties.

Any person violating the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and be fined not exceeding five hundred dollars or be imprisoned for a period of not exceeding one year, or both, in the discretion of the court.
HISTORY: 1962 Code Section 56-902; 1956 (49) 1624.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-5. Application of Chapter 1, Article 1; conflicts.

Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to the profession of nursing. However, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-25. Criminal records checks; dishonored check as evidence of act of moral turpitude.

(A) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure to practice nursing, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks 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.
(B) In an investigation or disciplinary proceeding concerning a licensee, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks 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 department and may be recovered as administrative costs associated with an investigation or hearing pursuant to this chapter unless ordered by the board as a cost in a disciplinary proceeding. The department shall keep information received pursuant to this section confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action.
(C) Notwithstanding any other provision of this section or any other provision of law, the dismissal of a prosecution of a fraudulent intent in drawing a dishonored check case by reason of want of prosecution or proof of payment of restitution and administrative costs must not be used as evidence of an act of moral turpitude for disciplinary purposes or for the purposes of disqualifying a person seeking licensure or renewal of licensure pursuant to this chapter.
HISTORY: 2008 Act No. 345, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-33. Inactive status of certain licenses.

(A) When a licensed practical nurse becomes licensed as a registered nurse, the person's LPN license must be placed on inactive status.
(B) When a registered nurse becomes licensed as an advanced practice registered nurse, the person's RN license must be placed on inactive status. However, an APRN is authorized to practice as a RN while the person's APRN license is in good standing, unless otherwise specifically authorized by the board.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-35. Licensing of applicant authorized to practice in other states.

An applicant for a license who currently holds or has held an authorization to practice nursing in another state or jurisdiction in this country or territory or dependency of the United States may be licensed by the board by endorsement, without examination, if the applicant:
(1) submits a completed application on a form provided by the board;
(2) submits one 2" × 2" photograph signed and dated;
(3) submits the appropriate application fee;
(4) submits satisfactory proof of identity and age demonstrating that the applicant is eighteen years of age or older;
(5) submits a copy of the applicant's social security card or permanent resident card; a resident alien who does not have a social security number must have an alien identification number;
(6) has not committed any acts that are grounds for disciplinary action;
(7) has completed all requirements for graduation from a nursing education program approved by the state or jurisdiction in this country or territory or dependency of the United States in which the program is located, as evidenced by a graduation transcript or other proof of education satisfactorily demonstrating graduation as determined by the board. The applicant's education must be equivalent to that required in this State at the time of the applicant's initial licensure in the other jurisdiction. An applicant shall comply with these educational requirements for basic RN licensure and satisfy the requirements of Section 40-33-34 to practice as an APRN;
(8) submits verification of current or prior authorization to practice as a nurse in another state or jurisdiction or territory or dependency of the United States and that a license:
(a) has been issued on the basis of passing the State Board Test Pool Examination before 1983 or the appropriate National Council Licensure Examination;
(b) was not issued on the basis of passing the State Board Test Pool Examination before 1983 or the appropriate National Council Licensure Examination, in which case the applicant shall demonstrate not fewer than three years of successful practice as a licensed nurse in another state or jurisdiction in this country without disciplinary action that resulted in restriction of practice, including probation;
(9) evidence of continued competency as provided in this chapter; and
(10) whose native language is not English, submits evidence of passing the Test of English as First Language (TOEFL), Test of Written English (TWE), and Test of Spoken English (TSE) offered by the TOEFL/TSE Services or another service approved by the board.
HISTORY: 2004 Act No. 225, Section 1; 2008 Act No. 194, Section 3.
Editor's Note
Prior Laws:1935 (39) 173; 1942 Code Section 5228; 1947 (45) 579; 1952 Code Section 56-986; 1959 (51) 307; 1962 Code Section 56-986; 1969 (56) 263; 1987 Act No. 114, Section 9; 1976 Code Section 40-33-560.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-37. Volunteer licenses.

(A) The board may issue a volunteer license without a fee to a retired nurse, upon written application, to donate nursing services through one specific charitable organization approved by the board if the nurse:
(1) has been granted inactive status and has practiced not less than twenty-five years or until age sixty-five after a minimum of fifteen years of practice;
(2) submits evidence of completing not less than twenty-five hours of initial training with the charitable organization; and
(3) has been on the official inactive status list for not more than ten years.
(B) A volunteer license is not transferable and authorizes the retired nurse to provide nursing services to others without remuneration of any kind. A separate application must be filed and a separate license must be issued for every charitable organization to which the retired nurse wishes to donate nursing services.
(C) A volunteer license may be renewed annually, except as otherwise provided in Section 40-1-50, upon application and satisfactory demonstration of continued competency or not less than twenty-five hours of service or additional training per year with the same charitable organization. A volunteer license may be renewed if the license has been renewed without interruption with the same charitable organization and all other qualifications have been met.
(D) The board may promulgate regulations to carry out the provisions of this section.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-38. Renewal of licenses.

(A) A license issued pursuant to this chapter may be renewed biennially or as otherwise provided by the board in regulation. A licensee who has not demonstrated continuing nursing competence, as required by this chapter, is not eligible for renewal or issuance of an active license.
(B) A licensee shall complete the renewal form and submit it to the board with the renewal fee. Upon receipt of the application and the fee, the board shall verify the accuracy of the application and renew the license for the applicable period. If a licensee fails to timely renew his or her license, the license is deemed lapsed at the close of the renewal period, and the licensee may not practice nursing in this State until the licensee is reinstated to practice. The board may reinstate the licensee on payment of a reinstatement fee, the current renewal fee, and demonstration of continued competency satisfactory to the board. The board may deny reinstatement based on evidence of misconduct.
(C) A licensee shall notify the board in writing within fifteen business days of any change of address.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-39. Identification badges.

A licensed nurse must clearly identify himself or herself as officially licensed by the board. A licensed nurse shall wear a clearly legible identification badge or other adornment at least one inch by three inches in size bearing the nurse's first or last name, or both, and title as officially licensed.
HISTORY: 2008 Act No. 345, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-41. Request for inactive status.

Upon request on a form provided by the board and payment of the applicable fee, the board shall place a person on the official inactive status if the person is currently licensed under this chapter and does not meet the minimum continued competency requirement for renewal or wishes to retire from practice temporarily. While on inactive status the person is not subject to the payment of any renewal fees and must not practice nursing in this State. To apply for reinstatement, the person shall submit an application, pay a reinstatement fee for the current period, and demonstrate continued competency as defined in regulation. The board may deny reinstatement based on evidence of unlawful acts, incompetence, unprofessional conduct, or other misconduct.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-42. Delegation of tasks to unlicensed assistive personnel.

(A) An advanced practice registered nurse, registered nurse, or licensed practical nurse is responsible for the delegation and supervision of nursing tasks to unlicensed assistive personnel. Tasks that may be assigned to unlicensed assistive personnel must be stated in the employers' policies, and the employer shall verify the training of this personnel and their competencies to perform the tasks.
(B) Tasks which may be delegated and performed under supervision may include, but are not limited to:
(1) meeting patients' needs for personal hygiene;
(2) meeting patients' needs relating to nutrition;
(3) meeting patients' needs relating to ambulation;
(4) meeting patients' needs relating to elimination;
(5) taking vital signs;
(6) maintaining asepsis;
(7) observing, recording, and reporting any of the tasks enumerated in the subsection.
(C) Subject to the rights of licensed physicians and dentists under state law, and except as provided in Section 40-47-196 regarding the delegation of tasks to certified medical assistants, the administration of medications is the responsibility of a licensed nurse as prescribed by the licensed physician, dentist, other authorized licensed provider or as authorized in an approved written protocol or guidelines. Unlicensed assistive personnel must not administer medications, except as otherwise provided by law.
HISTORY: 2004 Act No. 225, Section 1; 2022 Act No. 171 (S.613), Section 3, eff July 15, 2022.
Effect of Amendment
2022 Act No. 171, Section 3, in (C), in the first sentence, inserted "and except as provided in Section 40-47-196 regarding the delegation of tasks to certified medical assistants,".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-43. Provision of medications in certain facilities by selected unlicensed persons; creation of Medication Technician Certification Program; Medication Technician Registry.

In intermediate care facilities for persons with intellectual disability as defined in Article 3, Chapter 7, Title 44, community residential care facilities as defined in Article 3, Chapter 7, Title 44, nursing homes as defined in Article 3, Chapter 7, Title 44, and correctional facilities, the provision of medications may be performed by selected unlicensed persons with documented medication training and skill competency evaluation. For nursing homes only, the Department of Health and Human Services shall develop a Medication Technician Certification Program. The department shall develop program standards to include, but not be limited to, curriculum, training and competence, and testing certification requirements. The department shall create and maintain a Medication Technician Registry. The provision of medications by selected unlicensed persons is limited to oral and topical medications, and regularly scheduled insulin, and prescribed anaphylactic treatments under established medical protocol and does not include sliding scale insulin or other injectable medications. Licensed nurses may train and supervise selected unlicensed persons to provide medications and, after reviewing their competency evaluations, may approve selected unlicensed persons for the provision of medications.
HISTORY: 2004 Act No. 225, Section 1; 2021 Act No. 19 (S.454), Section 1, eff April 22, 2021; 2022 Act No. 179 (S.1059), Section 1, eff May 16, 2022.
Effect of Amendment
2021 Act No. 19, Section 1, in the first sentence, inserted "and correctional facilities" following "In community residential care facilities".
2022 Act No. 179, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-44. Exceptions to supervision requirements for licensed practical nurses.

Notwithstanding any other provision of law, requiring the practice of practical nursing to be performed under the direction of an advanced practice registered nurse, registered nurse, licensed physician, or licensed dentist, a licensed practical nurse may provide nursing care authorized for licensed practical nurses under this chapter without the on-site supervision of an advanced practice registered nurse, registered nurse, licensed physician, or licensed dentist in:
(1) home or residential settings, if a registered nurse has approved the plan of care;
(2) public schools and in institutions and facilities of the Department of Juvenile Justice and Department of Corrections, if the licensed practical nurse follows the policies, procedures, and guidelines of the employing entity and if a registered nurse is available on call by telecommunications.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-50. Administrative support of board activities; establishment of fees.

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
(B) Initial fees must be established by the board in regulation and shall serve as the basis for necessary adjustments in accordance with Section 40-1-50(D) to ensure that they are sufficient, but not excessive, to cover expenses, including the total of the direct and indirect costs to the State for the operations of the board.
HISTORY: 2004 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-90. Administration of oaths.

In addition to the powers and duties enumerated in Section 40-1-90, the presiding officer of the board may administer oaths when taking of testimony upon any and all matters pertaining to the business or duties of the board.
HISTORY: 2004 Act No. 225, Section 1.
Editor's Note
Prior Laws:1935 (39) 173; 1942 Code Section 5226; 1947 (45) 579; 1952 Code Section 56-968; 1962 Code Section 56-968; 1976 Code Section 40-33-280.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 33 - Nurses › Section 40-33-111. Reporting misconduct; review of findings of board.

(A) An employer, including an agency, or supervisor of nurses, shall report any instances of the misconduct or the incapacities described in Section 40-33-110 to the State Board of Nursing not more than fifteen business days, excepting Saturdays, Sundays, and legal holidays, from the discovery of the misconduct or incapacity. A nurse supervisor who fails to timely report the misconduct or incapacity may be subject to disciplinary action and civil sanctions as provided for in Section 40-33-120. An employer who is not licensed by the board and who fails to timely report the misconduct or incapacity shall pay a civil penalty of one thousand dollars per violation upon notice of the board.
(B) The findings of the board, including the amount of the fine, are final unless within thirty days after receipt of their notice the employer submits a request in writing to the board for a review of the findings or the amount of the fine. If a request for review is made to the board, a final determination must be made after an opportunity for a hearing pursuant to the Administrative Procedures Act.
HISTORY: 2004 Act No. 225, Section 1.