reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-120. Imposition of fine.

Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, as provided for in Sections 40-67-110 or 40-1-110, the board, in addition to the actions provided for in Section 40-1-120, may impose a fine of not more than one thousand dollars.
HISTORY: 1997 Act No. 96, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-130. Denial of licensure on grounds of possible disciplinary action.

The board may deny licensure to an applicant based on the grounds for which the board may take disciplinary action against a licensee.
HISTORY: 1997 Act No. 96, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-150. Voluntary surrender of license.

A licensee who is under investigation for any of the grounds provided for in Section 40-67-110 or Section 40-1-110 voluntarily may surrender his license to the board in accordance with Section 40-1-150.
HISTORY: 1997 Act No. 96, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-170. Payment of investigation and prosecution costs.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 1997 Act No. 96, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1549.17; 1973 (58) 773; 1993 Act No. 181, Section 948.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-180. Collection and enforcement of costs and fines.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
HISTORY: 1997 Act No. 96, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1549.16; 1973 (58) 773.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-200. Submission of false information for purpose of obtaining a license; penalties.

(A) A person who practices or offers to practice speech-language pathology or audiology in this State in violation of this chapter or a regulation promulgated under this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
(B) A person violating any other provision of this chapter or a regulation promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
HISTORY: 1997 Act No. 96, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-210. Civil and injunctive relief.

In addition to initiating a criminal proceeding for a violation of this chapter, the board also may seek civil and injunctive relief pursuant to Section 40-1-210.
HISTORY: 1997 Act No. 96, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-230. Notarized application for licensure; fee and documentation of eligibility.

An individual applying for a license as a speech-language pathologist or audiologist must file a notarized application with the board. Each application must be accompanied by the appropriate fee and documentation of eligibility as prescribed by the board.
HISTORY: 1997 Act No. 96, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1549.11; 1973 (58) 773; 1976 Code Section 40-67-120.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-240. Issuance of license upon satisfaction of all requirements; personal right; display of license; title; duplicate license.

(A) If an applicant satisfies all licensure requirements as provided for in this chapter, the board shall issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a speech-language pathologist or an audiologist, or of an assistant or intern while the license remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board.
(B) A person licensed under this chapter must display the document in a prominent and conspicuous place in the person's place of business or place of employment.
(C) Only a person licensed under this chapter may use the title of "speech-language pathologist" or "audiologist" or "speech-language pathology assistant".
(D) A duplicate license may be issued by the board as provided by law.
HISTORY: 1997 Act No. 96, Section 1.
Code Commissioner's Note
At the direction of the Code Commissioner, in subsection (D), substituted "as provided by law" for "in accordance with Section 40-67-50". Section 40-67-50 was repealed by 2014 Act No. 207, Section 1. The schedule of fees for certain professional and occupational licensing boards, commissions, panels, and councils is provided by regulation pursuant to the statutory authority provided in Section 40-1-50.
Editor's Note
Prior Laws:1962 Code Section 56-1549.13; 1973 (58) 773; 1976 Code Section 40-67-140.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-250. Issuance of license to person holding current license in another state.

The board may issue a license to a person who holds a current speech-language pathology or audiology license in another state if the standards for licensure in that state are at least the substantial equivalent to the licensing standards provided for in this chapter, and the person satisfies any other requirements the board may prescribe including, but not limited to, continuing education requirements.
HISTORY: 1997 Act No. 96, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1549.6; 1973 (58) 773; 1982 Act No. 411, Section 8; 1976 Code Section 40-67-70.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-260. License renewal; conditions; continuing education; records.

(A) As a condition of license renewal, a speech-language pathologist or audiologist shall satisfactorily complete sixteen hours of approved continuing education or 1.6 continuing education units (CEUs) during each license period.
(B) As a condition of an intern license renewal, a speech-language pathologist or audiologist shall satisfactorily complete eight hours of approved continuing education or 0.8 CEUs during each license period.
(C) As a condition of an assistant license renewal, a speech-language pathology assistant shall satisfactorily complete eight hours of approved continuing education or 0.8 CEUs during each license period.
(D) Continuing education must be reported on forms and in the time and manner specified by the board in regulation.
(E) A licensee shall maintain records of continuing education hours or CEUs earned for a period of four years, and these records must be made available to the director or his designee upon request for an audit that the board biennially may conduct.
HISTORY: 1997 Act No. 96, Section 1; 2014 Act No. 167 (S.997), Section 4, eff May 16, 2014; 2019 Act No. 34 (S.277), Section 3, eff May 13, 2019.
Effect of Amendment
2014 Act No. 167, Section 4, in subsection (E), substituted "biennially" for "annually".
2019 Act No. 34, Section 3, in (A), substituted "shall" for "must" and "of approved continuing education or 1.6 continuing education units (CEUs) during each" for "per license of approved continuing education per"; in (B), substituted "shall" for "must" and "of approved continuing education or 0.8 continuing education units (CEUs) during each" for "per license of approved continuing education per"; in (C), substituted "shall" for "must" and "or 0.8 CEUs during each" for "per"; and in (E), substituted "A licensee shall" for "A licensee must", inserted "or CEUs" following "continuing education hours", and substituted "his designee" for "the director's designee" and "an audit that the board biennially may conduct" for "audits that the board may conduct biennially".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-270. Renewal periods; renewal fee; evidence of continuing education; reinstatement of license.

(A) A speech-language pathology or audiology license and a speech-language pathology assistant license must be renewed biennially and expire on March 31 of the second year. A speech-language pathology or audiology intern license may only be renewed for one twelve-month period for the purpose of completing the supervised professional employment required by Section 40-67-220(B)(1)(c).
(B) To renew a license the individual shall:
(1) pay a renewal fee as provided by law;
(2) submit evidence of compliance with continuing education requirements as provided for in Section 40-67-260.
(C) A license which was not renewed by March 31 is invalid and only may be reinstated upon receipt of a renewal application postmarked before May 1 and accompanied by the biennial license fee and the reinstatement fee. A renewal request not postmarked before May 1 only may be reinstated upon receipt of an application for licensure submitted under the license requirements in effect at the time the renewal request is submitted and accompanied by the biennial license fee and reinstatement fee.
HISTORY: 1997 Act No. 96, Section 1.
Code Commissioner's Note
At the direction of the Code Commissioner, in subsection (B)(1), substituted "as provided by law" for "as provided for in Section 40-67-50". Section 40-67-50 was repealed by 2014 Act No. 207, Section 1. The schedule of fees for certain professional and occupational licensing boards, commissions, panels, and councils is provided by regulation pursuant to the statutory authority provided in Section 40-1-50.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-280. Activation of inactive license.

To activate an inactive license, an individual shall submit a form approved by the board and evidence attesting to his satisfactory completion of sixteen hours of approved continuing education or 1.6 CEUs for each two years of inactive licensure.
HISTORY: 1997 Act No. 96, Section 1; 2014 Act No. 167 (S.997), Section 5, eff May 16, 2014; 2019 Act No. 34 (S.277), Section 4, eff May 13, 2019.
Effect of Amendment
2014 Act No. 167, Section 5, inserted "a form approved by the board and".
2019 Act No. 34, Section 4, substituted "shall" for "must"; inserted "or 1.6 CEUs" following "approved continuing education", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-290. Promulgation of code of ethics.

The Board of Examiners in Speech-Language Pathology and Audiology may promulgate regulations setting forth a code of ethics for persons licensed by the board.
HISTORY: 1997 Act No. 96, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-300. Limits on applicability of chapter.

This chapter does not apply to:
(1) A speech-language pathologist or audiologist employed by a state or federal agency or a political subdivision of the State before September 1, 2020, while engaged in the discharge of official duties; however, federal and state or political subdivision employees or employees of a political subdivision of the State who are licensed by this board are subject to the provisions of this chapter.
(2) A student of speech-language pathology or audiology enrolled in a course of study at an accredited institution of higher learning whose activities constitute a part of the course of study.
(3) A hearing aid specialist licensed to fit and sell hearing aids pursuant to Chapter 25; provided, nothing in this chapter is in lieu of, may conflict with, or supersede Chapter 25 and the rights of those licensed under Chapter 25.
(4) A registered nurse, licensed practical nurse, or other certified technician trained to perform audiometric screening tests in industrial operations and whose work is under the supervision of a company physician, otological consultant, or licensed audiologist.
(5) A person licensed by the State under this title or any other provision of law whose scope of practice overlaps with the practice of speech-language pathology or audiology unless the person holds himself out to be a practitioner of speech-language pathology or audiology.
(6) An educator certified by the State Board of Education, including an educator certified as a speech-language therapist who is not licensed as a speech-language pathologist and does not hold a certificate of clinical competence in speech-language pathology credential from the American Speech-Language-Hearing Association.
HISTORY: 1997 Act No. 96, Section 1; 2019 Act No. 34 (S.277), Section 5, eff May 13, 2019.
Effect of Amendment
2019 Act No. 34, Section 5, in (1), inserted "before September 1, 2020,"; in (2), substituted "A student" for "Students" and "institution of higher learning" for "university or college"; in (3), substituted "A hearing aid specialist" for "Hearing aid specialists"; substituted ", may conflict with," for "or shall conflict with"; and made nonsubstantive changes; in (4), substituted "A registered nurse, licensed practical nurse, or other certified technician" for "Registered nurses and licensed practical nurses or other certified technicians"; in (5), deleted "is not also required to be licensed under this chapter" following "practice of speech-language pathology or audiology"; and added (6).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-350. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
HISTORY: 1997 Act No. 96, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-500. Citation.

This article may be cited as the "Audiology and Speech-Language Pathology Interstate Compact Act".
HISTORY: 2022 Act No. 160 (H.3840), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-510. Purpose.

The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient, client, or student is located at the time of the patient, client, or student's encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
(1) increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;
(2) enhance the states' ability to protect the public's health and safety;
(3) encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;
(4) support spouses of relocating active duty military personnel;
(5) enhance the exchange of licensure, investigative, and disciplinary information between member states;
(6) allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and
(7) allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
HISTORY: 2022 Act No. 160 (H.3840), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-550. Compact privilege to practice telehealth.

Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with Section 40-67-530 and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
HISTORY: 2022 Act No. 160 (H.3840), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-560. Active duty military personnel or their spouses.

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual only may change their home state through application for licensure in the new state.
HISTORY: 2022 Act No. 160 (H.3840), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-590. Data system.

(A) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(B) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) nonconfidential information related to alternative program participation;
(5) any denial of application for licensure, and the reason(s) for denial; and
(6) other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(C) Investigative information pertaining to a licensee in any member state only shall be available to other member states.
(D) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
(E) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(F) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system.
HISTORY: 2022 Act No. 160 (H.3840), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-610. Oversight; dispute resolution; enforcement.

(A) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.
(B) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(C) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(D) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees.
(E) The remedies herein are not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
HISTORY: 2022 Act No. 160 (H.3840), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-620. Date of implementation; associated rules; withdrawal; amendment.

(A) The compact takes effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(B) Any state that joins the compact subsequent to the commission's initial adoption of the rules is subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state.
(C) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state's withdrawal does not take effect until six months after enactment of the repealing statute.
(2) Withdrawal does not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(D) Nothing contained in this compact may be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(E) This compact may be amended by the member states. No amendment to this compact becomes effective and binding upon any member state until it is enacted into the laws of all member states.
HISTORY: 2022 Act No. 160 (H.3840), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-630. Construction and severability.

This compact must be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact is held contrary to the constitution of any member state, the compact remains in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
HISTORY: 2022 Act No. 160 (H.3840), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 67 - Speech Pathologists And Audiologists › Section 40-67-640. Binding effect of compact and other laws.

(A) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(B) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(C) All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(D) All agreements between the commission and the member states are binding in accordance with their terms.
(E) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
HISTORY: 2022 Act No. 160 (H.3840), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-20. Department to adopt regulations; Administrative Procedures Act to govern; licensee governed by chapter and regulations.

The department shall adopt regulations necessary to administer this chapter. Regulations must be adopted in compliance with the Administrative Procedures Act. A licensee is governed and controlled by this chapter and the regulations adopted by the department.
HISTORY: 1993 Act No. 169, Section 1; 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-30. License required; application and fee; information required as to each member of group; ineligibility for license for year after denial or revocation of license; exceptions.

(A) A person may not engage in or offer professional employer services in this State without holding a license issued under this chapter. A person that desires a professional employer organization license shall file with the department a written application accompanied by an application fee of one hundred dollars for each controlling person. In addition, the application fee is two hundred dollars for each professional employer organization, and three hundred dollars for each professional employer organization group.
(B) The department may require an applicant for a license to provide information and certifications to determine whether the applicant meets the licensing requirements of this chapter and also whether individuals affiliated with the applicant are qualified to serve as controlling persons.
(C) A licensee or controlling person shall notify the department within thirty days of any felony conviction or civil judgment entered against the licensee or controlling person.
(D) An application for a professional employer organization group license under Section 40-68-80 must provide the information required by this chapter for each member of the group. An applicant or licensee is ineligible for a license for one year after the date of final departmental action on the denial or revocation of a license applied for or issued under this chapter. This restriction does not apply to a denial or revocation of a license if the basis of the action was:
(1) an inadvertent error or omission in the application if that error or omission is promptly corrected;
(2) the experience documented to the department was insufficient at the time of the previous application;
(3) the department was unable to complete the criminal background investigation required under Section 40-68-40 because of insufficient information received from a local, state, or federal law enforcement agency; or
(4) that one or more of the controlling persons affiliated with the applicant or licensee was determined by the department to be unsuitable, if that unsuitable controlling person has in fact ceased to be a controlling person of the applicant or licensee.
HISTORY: 1993 Act No. 169, Section 1; 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-55. Acceptance of affidavit or certification of approval.

The department may by regulation provide for the acceptance of an affidavit or certification of a bonded, independent, and qualified assurance organization that has been approved by the department for certifying qualifications of a professional employer organization or professional employer organization group in lieu of those requirements of Sections 40-68-30 and 40-68-40 or any other requirements of a licensee under this chapter as determined by the department. In the regulation the department may establish a fee structure for the acceptance not to exceed the fees in Section 40-68-50. Professional employer organizations or professional employer organization groups are subject to any assessment under Section 40-68-50(B). This section does not relieve a professional employer organization or professional employer organization group of any notice or disclosure obligations under this chapter to an insurer, client, or employee, or of any other requirement of this chapter not expressly waived by regulation of the department.
HISTORY: 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-60. Terms of agreement to be established in writing; notice and delivery of notice to assigned employees; posting of notice by client company; notice or knowledge of injury.

(A) A licensee shall establish the terms of a professional employer organization services agreement by a written contract between the licensee and the client company. The licensee shall give written notice of the agreement as it affects assigned employees to each employee assigned to a client company in the manner provided in this section.
(B) A written explanation of the agreement must be provided to each assigned employee by delivering it to the employee personally within ten days after executing the agreement. The explanation must state, substantially, the terms of the agreement between the licensee and client company and include the same notice that is required to be posted in the client company's place of business.
(C) The client company shall post in each of its places of business in a conspicuous place that is in clear and unobstructed view of the assigned employees a notice stating, substantially, the following:
"We are operating under and subject to the Workers' Compensation Act of South Carolina. In case of accidental injury or death to an employee, the injured employee, or someone acting on his or her behalf, shall notify immediately (insert name of professional employer organization, address, and telephone number) or (name of client company, address, and telephone number). Failure to give immediate notice may be the cause of serious delay in the payment of compensation to you or your beneficiaries and may result in failure to receive any compensation benefits".
(D) As between the client company, the professional employer organization, and the employee, the notice to or acknowledgment of the occurrence of an injury on the part of the client company or the professional employer organization is notice to or knowledge on the part of the professional employer organization and its workers' compensation insurer or the client company and its workers' compensation insurer, or both.
HISTORY: 1993 Act No. 169, Section 1; 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-75. Responsibilities of client company with respect to workers' compensation insurance; penalties and liabilities for violation.

(A) An employer subject to the provisions of Title 42 who contracts with a professional employer organization or professional employer organization group continues to be subject to the provisions of Title 42 and shall comply with Title 42 with regard to procuring and maintaining workers' compensation insurance for nonassigned employees. For purposes of construction, the term "employees" in Section 42-1-360 includes both assigned and nonassigned employees.
(B) A client company who refuses or neglects to provide workers' compensation insurance coverage to its nonassigned employees must be fined one thousand dollars a day for each nonassigned employee for each day the client company refuses or neglects to provide workers' compensation insurance. In this event, the client company is liable during the continuance of the refusal or neglect to an employee either for compensation under Title 42 or in an action at law instituted by the employee or his personal representative against the client company to recover damages for personal injury or death by accident. In the action at law, the client company may not be permitted to defend upon any of the grounds mentioned in Section 42-1-510 and Section 42-1-540 does not apply. The fine provided in this section must be assessed by the Workers' Compensation Commission in an open hearing with the right of review and appeal as in other cases.
HISTORY: 1993 Act No. 169, Section 1; 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-80. Licensing of multiple companies owned by same entity as professional employer organization group; joint liability.

A group of at least two but not more than five professional employer organizations that are majority-owned by the same entity may be licensed as a professional employer organization group. A professional employer organization group may satisfy the reporting and financial requirements of the chapter on a consolidated basis. As a condition of the issuance of a professional employer organization group license, each person that is a member of the group must guarantee payment of all financial obligations of other members of the group.
HISTORY: 1993 Act No. 169, Section 1; 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-90. Nonresident company or group; restricted license; appointment of entity for receipt of legal process.

(A) The department may issue a restricted license to a nonresident professional employer organization or professional employer organization group for limited operation within this State under the following conditions if the:
(1) applicant's state of residence provides for licensing of professional employer organizations, the applicant is licensed and in good standing in its state of residence, and the applicant's state of residence grants a similar privilege for restricted licensing to professional employer organizations or professional employer organization groups that are residents in South Carolina;
(2) applicant does not maintain an office, sales force, or representatives in this State, and it does not solicit clients that are residents in this State; and
(3) applicant does not have more than forty leased employees working in this State.
(B) An applicant for a restricted license is exempt from the requirements of Section 40-68-40(F).
(C) An applicant for a nonresident or restricted license shall file on a form approved by the department an appointment of a recognized and approved entity as its attorney to receive service of legal process issued against it in this State.
HISTORY: 1993 Act No. 169, Section 1; 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-100. Duty to issue license to qualified applicants; issuance within prescribed time; time license is valid; renewal.

The department shall issue a license to an applicant that meets the requirements of this chapter. The license must be issued not later than the ninetieth day after the date on which the completed application is filed with the department. A license issued by the department under this chapter is valid for two years. The department shall renew a license on receipt of a renewal application approved by the department and payment of the required renewal fees.
HISTORY: 1993 Act No. 169, Section 1; 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-110. Disclosure by licensee of information as to insurance or benefit plans for benefit of assigned employees; other reports may be required by regulation.

(A) A licensee shall disclose to the department, each client company, and its assigned employees information relating to any insurance or benefit plan provided for the benefit of its assigned employees. Benefit plan information must be provided to the assigned employees and the assigned employees shall sign a statement disclosing they have read and understand the benefit plan information prior to enrollment of assigned employees into the plan. The information must, at a minimum, include:
(1) the type of coverage;
(2) the identity of each insurer for each type of coverage;
(3) the amount of benefits provided for each type of coverage and to whom or on whose behalf benefits are to be paid;
(4) the policy limits on each insurance policy;
(5) whether the coverage is fully insured, partially insured, or fully self-funded; and
(6) other information, such as full disclosure of deductibles or co- payments.
(B) With respect to any insurance or benefit plan provided by a licensee for the benefit of its assigned employees, the licensee shall provide to the assigned employees the name and address of the insurance agent or broker responsible for securing the policy of insurance on behalf of the licensee.
(C) The licensee shall disclose to the department whether the coverage is fully insured, partially insured, or fully self-funded. This provision does not in any way endorse or approve the sponsoring of partially insured or self-funded benefit plans by a licensee, as these plans may not be sponsored, offered, endorsed, or otherwise proffered by a licensee.
(D) The licensee shall notify the client company and the department in writing about a discontinuance and replacement, if any, of any health plan or workers' compensation insurance coverage no later than ten business days after the discontinuance and before offering any replacement policy.
(E) The administrator by regulation may require the filing by licensees of other reports necessary to the implementation of this chapter.
HISTORY: 1993 Act No. 169, Section 1; 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-130. Form and content of licenses and notices; display.

(A) The department by regulation shall determine the form and content of:
(1) the licenses issued under this chapter; and
(2) notices required to be posted under this section.
(B) The license issued under this chapter must be posted in a conspicuous place in the principal place of business in this State of the licensee. The licensee shall display, in a place that is in clear and unobstructed public view, a notice stating that the business operated at the location is licensed and regulated by the department and that any questions or complaints should be directed to the department.
HISTORY: 1993 Act No. 169, Section 1; 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-140. Name under which business may be conducted; change of name or location of primary office or records; addition of business offices; license not assignable.

(A) A licensee may not conduct business under a name other than that specified in the license. A license issued under this chapter is not assignable. A licensee may not conduct business under any fictitious or assumed name without prior written authorization from the department. The department may not authorize the use of a name that is so similar to that of a public office or agency or to that of another licensee that the public may be confused or misled by its use. A licensee may not conduct business under more than one name unless it has obtained a separate license for each name.
(B) A licensee may change its licensed name at any time by notifying the department and paying a fee for each change of name. The department by regulation shall set the fee for each name change in an amount not to exceed fifty dollars. A licensee may change its name on renewal of the license without the payment of the name change fee.
(C) A licensee must notify the department in writing of:
(1) a change in the location of its primary business office;
(2) the addition of more business offices; or
(3) a change in the location of business records maintained by the licensee.
HISTORY: 1993 Act No. 169, Section 1; 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-150. Prohibited acts; operation without license; wrongful use of title or representation of being licensed; use of forged or false information to obtain license or in disciplinary proceeding; use of expired or revoked license; penalties.

(A) A person may not:
(1) engage in professional employer services without holding a license under this chapter as a professional employer organization or a professional employer organization group;
(2) use the name or title "staff leasing services company", "licensed staff leasing services company", "licensed staff leasing services group", or "professional employer organization", "licensed professional employer organization", "licensed professional employer organization group", "professional employer organization group", "staff leasing services group", or otherwise represent that it is licensed under this chapter, unless the entity holds a license issued under this chapter;
(3) represent as the person's own the license of another person or represent that a person is licensed if the person does not hold a license;
(4) give false or forged evidence to the department in connection with obtaining or renewing a license or in connection with disciplinary proceeding under this chapter;
(5) use or attempt to use a license that has expired or been revoked;
(6) offer an employee a self-funded, self-insured, or other employee benefit plan not licensed under Title 38, unless the program is maintained by the client company individually for the sole benefit of participating co-employees of the client company; or
(7) misrepresent that any self-funded, self-insured, or unlicensed benefit plans are licensed under Title 38 or otherwise in compliance with ERISA.
(B) A person who voluntarily violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than fifty thousand dollars, or both.
HISTORY: 1993 Act No. 169, Section 1; 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-170. Fees to be used to implement provisions of chapter.

All fees collected by the department under this chapter must be used to implement the provisions of this chapter.
HISTORY: 1993 Act No. 169, Section 1; 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 68 - Regulation Of Professional Employer Organizations › Section 40-68-180. Other applicable license requirements; licensed, registered, or certified employee considered employee of client company or of licensee; Employment Security Law unaffected.

This chapter does not exempt a client of a licensee or an assigned employee from any other license requirements imposed under local, state, or federal law. An employee who is licensed, registered, or certified under law and who is assigned to a client company is an employee of the client company for the purpose of that license, registration, or certification, but otherwise remains the employee of the licensee as provided in this chapter. Nothing in this chapter affects the South Carolina Employment Security Law (Sections 41-27-10 through 41-41-50).
HISTORY: 1993 Act No. 169, Section 1; 2005 Act No. 112, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 69 - Veterinarians › Section 40-69-5. Application of Chapter 1; conflicts.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to licensed veterinarians and veterinary technicians regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
HISTORY: 2006 Act No. 294, Section 1.