reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-222. Licensing of existing engineers; review process.

(A) Through June 30, 2020, individuals who have graduated in an ETAC/ABET or TAC/ABET engineering technology curriculum of four or more years and who have a specific record after graduation of eight or more years of experience in engineering work of a character satisfactory to the board, who are of good character and reputation, who can communicate effectively in the English language may take the NCEES Principles of Practice and the Fundamentals of Engineering examinations and become an associate engineer licensed for Category B practice. An associate engineer licensed for Category B practice as of July 1, 2006, may continue to practice under the conditions provided for in Regulation 49-202(B) or an identical successor regulation. As of July 1, 2020, Category B licensure ceases to exist.
(B) Through June 30, 2020, individuals who have graduated in a bachelor's ETAC/ABET or TAC/ABET accredited curriculum and who have successfully passed the NCEES Principles of Practice and Fundamentals of Engineering examinations, and who have completed eight or more years of qualifying experience as an engineer and who are otherwise qualified for licensure, may present their credentials for evaluation by a committee of Professional Engineers licensed in this State composed of no less than three practicing engineers, a member or former member of the board, and a professor of engineering. Applicants for licensure under this subsection must demonstrate sufficient rigor in their scope or depth of qualifying experience, such that the committee can determine that they can meet established standards of engineering practice. Only applicants who are approved under the review process may be licensed as professional engineers. Absent a showing of a change or qualifications to correct deficiencies identified in the review process, no application may be reviewed by the committee more than twice.
(C) For the purposes of this section "associate professional engineer" means a Category B license holder who is qualified to practice within the profession of engineering in the manner defined in this chapter, and as attested by his recognition and registration as an associate professional engineer in this State.
HISTORY: 2007 Act No. 58, Section 1; 2016 Act No. 259 (S.685), Section 9, eff June 3, 2016.
Effect of Amendment
2016 Act No. 259, Section 9, in (A), substituted "an ETAC/ABET or TAC/ABET engineering technology curriculum" for "a TAC/ABET accredited engineering technology curriculum"; in (B), substituted "a bachelor's ETAC/ABET or TAC/ABET accredited curriculum" for "a baccalaureate TAC/ABET accredited curriculum".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-240. Renewal of registration; fees and late fees; lapsed license; continuing professional competency requirement.

(A)(1) Every professional engineer and professional surveyor licensed under this chapter who decides to continue the practice of his profession shall, biennially during the month of June, pay the board a fee sufficient to support the costs of the board's operations, to be determined by the board in regulation, for which fee a renewal registration card for the ensuing registration year must be issued.
(2) The board shall assess a late renewal penalty of twenty percent of the biennial renewal fee against those persons who do not renew their license within one month of the biennial renewal date. The penalty must be assessed for each two months thereafter with a maximum grace period of three months following the biennial renewal date. A person not renewing his license within three months following the annual renewal date shall file a new application accompanied by the required application fee or, if he is in a position to do so, file a notarized affidavit with the board certifying that he has not been engaged in the practice of engineering or surveying in South Carolina during the period his license was not in a current condition, accompanied by the total amount of unpaid renewal fees and penalties.
(3) An individual whose license has lapsed due to nonpayment of the required renewal fee within three months of the due date is considered in the same category as a previously unlicensed person and, at the board's discretion, may be required to pass a written examination as a condition of relicensing.
(B) The board may promulgate regulations that as a condition of renewal or relicensure, a professional engineer must demonstrate continuing professional competency in engineering and a professional surveyor must demonstrate continuing professional competency in surveying. Any continuing professional competency requirement does not apply to a professional engineer or professional surveyor who has been continuously licensed in this State since January 1, 1969. Emeritus engineers and emeritus surveyors are not required to meet continuing education requirements.
(C) Emeritus engineers and emeritus surveyors who wish to return to active practice shall complete continuing education requirements for each exempted biennial renewal period not to exceed two renewal periods and shall submit applicable fees.
HISTORY: 2000 Act No. 311, Section 1.
Editor's Note
Prior Laws: 1991 Act No. 99, Section 1; 1995 Act No. 46, Section 1; 1976 Code Section 40-22-350.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-245. South Carolina Engineers and Surveyors Education and Research Fund; funding; report of expenditures.

(A) The board may allocate up to ten dollars of each renewal fee to the South Carolina Engineers and Surveyors Education and Research Fund, which must be established as a separate and distinct account and used exclusively for:
(1) advancement of education and research for the benefit of individuals and firms licensed under this chapter and for individuals in training to become licensed;
(2) analysis and evaluation of factors that affect the engineering and surveying professions in this State and activities that support initiatives of the board; and
(3) dissemination of the results of the research.
(B) The board shall submit to the chairman of the House and Senate Labor, Commerce and Industry Committees by August first of each year a report on how the funds were expended for the preceding fiscal year.
HISTORY: 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-260. Temporary licenses and certificates of authorization.

(A) Upon application to and approval by the board and payment of the fee provided in regulation, the board shall grant a temporary license for engineering work on one specified project in this State for a period not to exceed one year to an engineer who has recently become a resident of this State, or is a nonresident having no established place of business in this State, who meets the qualification requirements for licensure in this State and who holds a valid license to practice in another state. An engineer may not renew a temporary certificate at its expiration date and may not apply for temporary licensure in connection with more than one specific project in any three-year period.
(B) Upon application to and approval by the board and payment of the fee provided in regulation, the board shall grant a temporary certificate of authorization to a firm subject to the following:
(1) This temporary certificate of authorization must be for work on one specified project in this State for a period of not more than one year.
(2) This temporary certificate may be granted to an out-of-state firm if one or more of the corporate officers, one or more of the principal owners, or a full-time licensed employee is designated as responsible for the professional services regulated by the board and are licensed by the board.
(3) The approval of a temporary certificate of authorization constitutes appointment of the Secretary of State as an agent of the applicant for service of process in an action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to the practice of engineering.
(4) Plans produced and submitted for permitting under a registrant's temporary license or certificate of authorization shall be sealed with the registrant's home state seal. A temporary certificate of authorization may be indicated by notation on plans submitted for permitting. This notation must include the temporary certificate of authorization number, date of expiration, and address of the firm. A copy of the letter of the board approving the temporary license or the certificate of authorization must be attached to the plans.
HISTORY: 2000 Act No. 311, Section 1; 2016 Act No. 259 (S.685), Section 13, eff June 3, 2016.
Editor's Note
Prior Laws: 1991 Act No. 99, Section 1; 1976 Code Section 40-22-50.
Effect of Amendment
2016 Act No. 259, Section 13, rewrote (B), and deleted former (C) and (D), relating to branch offices and the definition for "engaged in practice".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-295. Emergency services immunity.

(A) A licensed engineer or surveyor who voluntarily, without compensation, provides structural, electrical, mechanical, or other engineering services or surveying services at the scene of a declared national or state emergency, at the request of the Governor, is not liable for any personal injury, wrongful death, property damage, or other loss caused by the licensed engineer or surveyor's acts, errors, or omissions in performing the engineering or surveying services for a property, structure, building, piping, or other engineered system, either publicly or privately owned. Immunity from liability under this section is only effective as to services rendered during the thirty days following the event that gave rise to the declared state of emergency.
(B)(1) Any licensed engineer or surveyor appointed pursuant to this section must not be held liable for any civil damages as a result of the providing of requested engineering or surveying services unless the damages result from providing, or failing to provide engineering or surveying services if the consequences of the services provided are proven by a preponderance of the evidence to be the result of gross negligence or recklessness.
(2) This section applies if the engineer or surveyor does not receive payment other than as allowed in Section 8-25-40 for the appointed services and prescribed duties. However, if the engineer or surveyor is an employee of the State, the engineer or surveyor may continue to receive compensation from his employer.
(C) This section does not provide immunity from liability to persons providing services pursuant to Section 40-22-75.
HISTORY: 2012 Act No. 280, Section 3, eff June 26, 2012; 2017 Act No. 18 (S.342), Section 1, eff May 9, 2017.
Editor's Note
2012 Act No. 280, Section 1, provides as follows:
"This act may be cited as the 'Architects' and Engineers' Volunteer Act'."
Effect of Amendment
2017 Act No. 18, Section 1, inserted references to surveyors, surveying services, and surveying throughout the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-300. Promulgation of regulations for practice by firms located in foreign countries.

The board shall promulgate regulations for the practice of engineering in this State by engineers and engineering firms located in foreign countries. In promulgating these regulations, the board must consider requirements prescribed by this chapter and other requirements as may be reasonably necessary to protect consumers of engineering services provided by cross-border practitioners.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-310. Status of regulations promulgated pursuant to Chapter 21.

Except where inappropriate, regulations promulgated pursuant to Chapter 21, Title 40 of the 1976 Code are considered to be promulgated pursuant to Chapter 22.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-320. 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 as provided in Section 40-1-220.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-5. Application of chapter; conflict of laws.

Unless otherwise provided in this chapter, Article 1 of Chapter 1, Title 40, applies to the Environmental Certification Board and its licensees regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Chapter 1 of Title 40, the provisions of this chapter control.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-10. Environmental Certification Board; creation; membership; terms.

(A) There is created the South Carolina Environmental Certification Board composed of nine members appointed by the Governor. Of the nine members, one must be a licensed public water treatment operator and one must be a licensed public water distribution system operator; two must be licensed wastewater operators, one of whom must be certified in the physical chemical specialty; one must be a licensed well driller; one must be a member of the public at large; one must be a representative from the Land, Water, and Conservation Division of the Department of Natural Resources; one must be a member of the Department of Health and Environmental Control, designated by the Commissioner of the Department of Health and Environmental Control; and one must be a representative from a technical education or other higher education institution actively involved in operator training.
(B) The Water Environment Association of South Carolina may recommend two licensed public wastewater treatment operators, one of whom must be certified in biological specialty and one of whom must be certified in the physical chemical specialty; the South Carolina Section of the American Water Works Association may recommend one licensed public water treatment operator; the South Carolina Ground Water Association may recommend a licensed well driller; and the South Carolina Rural Water Association may recommend one licensed public water distribution system operator. Any individual, group, or association may nominate qualified individuals to the Governor for his consideration.
(C) Members shall serve terms of four years and until their successors are appointed and qualify. The Governor may reject any of the nominees that the Governor finds unacceptable. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
HISTORY: 2002 Act No. 185, Section 1.
Editor's Note
Prior Laws: 1962 Code Section 56-1544.1; 1966 (54) 2668; 1969 (56) 179; 1972 (57) 2829; 1980 Act No. 340; 1982 Act No. 459, Section 2; 1983 Act No. 104, Sections 3, 8; 1988 Act No. 621, Section 1; 1989 Act No. 185, Section 2; 1993 Act No. 181, Section 896; 1976 Code Sections 40-23-20, 40-23-35.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-40. Purpose of board.

The purpose of the Environmental Certification Board is to protect the general public through the regulation of persons engaged in occupations appointed by the legislature for regulation by the board. These occupations are referred to in this chapter, collectively, as "environmental systems operators".
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-60. Conducting election of officers and board meetings; rules and regulations promulgation.

The board shall conduct election of officers and board meetings as provided by Section 40-1-60. The board may adopt rules governing its proceedings and internal operations and may promulgate regulations and adopt standards as necessary to carry out the provisions of this chapter.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-90. Investigation by board of initial complaints; authorizing department to issue formal complaint for disciplinary action.

Presentation of results of an investigation and proceedings pursuant to this chapter must be conducted as provided in Section 40-1-90. The board may receive complaints by any person against a licensee and may require the complaints to be submitted in writing, specifying the exact charge or charges and to be signed by the initial complainant. Upon receipt of an initial complaint, where appropriate, the initial complaint may be referred to an investigator of the department, who shall investigate the allegations in the complaint. The results of any investigation must be reported to the board. If from these results it appears a violation has occurred or a licensee has become unfit to practice, the board may authorize the department to issue a formal complaint for disciplinary action as authorized by Section 40-1-120 or 40-23-120.
HISTORY: 2002 Act No. 185, Section 1; 2014 Act No. 156 (H.4574), Section 2, eff April 14, 2014.
Editor's Note
Prior Laws: 1962 Code Section 56-1544.11; 1966 (54) 2668; 1968 (55) 2439; 1983 Act No. 104, Section 2; 1988 Act No. 621, Section 1; 1976 Code Section 40-23-120.
Effect of Amendment
2014 Act No. 156, Section 2, in the third sentence, substituted "where appropriate, the initial complaint may be referred" for "the board administrator, where appropriate, may refer the complaint".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-100. Board authorized to seek remedies for violations; immunity; bonds.

In addition to all other remedies and immunities provided for in this chapter, the board and its members have the authority to seek remedies for violations of this chapter and regulations promulgated under this chapter, and have the associated immunities for its actions, as provided by Section 40-1-100. No bond may be required of the board by a judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-105. Recovery of payment for regulated services by unlicensed provider; limitations.

(A) If a person has made payment for services subject to regulation by this chapter, the person has a cause of action in magistrate's court or the court of common pleas, as appropriate, for recovery of the payment, plus reasonable costs and attorney's fees, if the person providing or offering to provide the services:
(1) at any point in the transaction, did not possess a valid license, registration, or certificate as required by this chapter; or
(2) failed to timely file a report, record, application, or other document required by law with respect to the construction or abandonment of wells.
(B) This section is to be construed in favor of recovery for the plaintiff.
(C) An action or claim to enforce the provisions of this section must be filed within three years of the date of completion of the services subject to regulation under this chapter.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-115. Board jurisdiction.

(A) The board has jurisdiction over the actions committed or omitted by current and former licensees during the entire period of licensure.
(B) The board has jurisdiction to act on any matter which arose prior to any licensee's period of licensure by the board where the matter reflects upon the licensee's fitness to practice in this State.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-120. Sanctions and other disciplinary actions.

In addition to any and all sanctions provided for in this chapter, the board has the authority to impose sanctions and take other actions as provided by Section 40-1-120 in all proceedings before the board. Further, the board may take any other appropriate disciplinary action against a licensee including, but not limited to, requiring the licensee to undertake additional professional training, requiring an increase in surety bonding or imposing other security requirements, or imposing any other appropriate discipline or reprimand, including any combination of these sanctions.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-140. Licensure denial; prior criminal record.

The board may deny licensure to an applicant based upon the applicant's prior criminal record as provided in Section 40-1-140.
HISTORY: 1962 Code Section 56-1544.13; 1966 (54) 2668; 1968 (55) 2439; 1969 (56) 179; 1972 (57) 2829; 1981 Act No. 157, Section 3; 1982 Act No. 459, Section 4; 1988 Act No. 621, Section 1; 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-150. License; voluntary surrender.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150. A voluntary surrender does not deprive the board of jurisdiction to pursue any pending or future disciplinary proceedings involving the licensee.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-170. Costs.

A person found in violation of this chapter or regulations or standards 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: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-180. Costs and fines; collection and enforcement.

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: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-190. Confidentiality of initial investigations; formal complaints open to public; communications privileged; respondent's due process rights preserved.

(A) Except as otherwise provided by law, all initial complaints, investigations, proceedings, records, and information relating to allegations of misconduct or incapacity are confidential and must not be disclosed to the public. A record published, released, or made public must not disclose the initial complainant's name or identity except by order of the board made with due consideration of the complainant's privacy. While the matter remains confidential, the members and staff of the department and the board must not reveal in any way the nature of the initial complaint except to persons directly involved in the matter and then only to the extent necessary for proper investigation and disposition of the matter.
(B) When a formal complaint is filed regarding an allegation of misconduct, the formal complaint and any answer become open to the public after the filing of the answer or if no answer is filed, thirty days after the service of the charges upon the licensee. Thereafter, except as otherwise provided by this chapter, all subsequent records and proceedings relating to the misconduct allegation are open to the public. If an allegation of incapacity is raised during the misconduct proceedings, all records, information, and proceedings relating to the allegation are confidential.
(C) However, the department or the board may disclose information to another government agency, including law enforcement officials, at any stage of the proceedings in order to protect the public or for the administration of justice.
(D) Each communication, oral or written, made by or on behalf of a complainant or by a person in the course of an investigation or hearing pursuant to this chapter to or by the department, the board, or their agent is privileged. A civil or criminal action or proceeding may not be brought against the person, by or on whose behalf the communication is made, except upon other proof that the communication was made with malice.
(E) Nothing in this chapter may be construed to prohibit the licensee respondent or the respondent's legal counsel from exercising the respondent's constitutional right of due process as provided by law or to prohibit the respondent from normal access to the charges made and evidence filed against the respondent as part of due process as provided by law.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-200. Unauthorized practice; penalty.

A person who practices or offers to practice in this State in violation of this chapter or a regulation promulgated under this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than one thousand dollars, or both.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-210. Civil penalties and injunctive relief.

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-220. Severability.

The severability provisions of Section 40-1-220 apply to any determination that a provision of this chapter, or the application of a provision of this chapter to a person or circumstance, is invalid.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-230. Issuance, renewal, and reinstatement of licenses; notification of address change.

(A) The board may issue a license to an applicant if he satisfies all licensure requirements of this chapter. A license confers a personal right and is not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensee while the license remains current and unrestricted. A license is the property of the State and upon suspension or revocation must be returned to the board immediately.
(B) A license issued under this chapter is renewable:
(1) as provided for in Section 40-1-30;
(2) upon the payment of a renewal fee; and
(3) upon the fulfillment of continuing education as determined by the board in regulation.
(C) The department may reinstate the license of a licensee who allows his license to lapse by failing to renew the license as provided in this section if the licensee:
(1) makes payment of a reinstatement fee and the current renewal fee;
(2) files an application for renewal within three hundred sixty-five days of the date on which the license expired; and
(3) demonstrates he complies with the current continuing education requirements of the prior licensing period or that he complies with the current continuing education requirements after the department renews his license, provided he does not engage in licensed activity until he has completed the continuing education requirement.
(D) A licensee shall ensure that the board administrator has the licensee's correct official mailing address of record and that the administrator is expressly and specifically notified in writing and in a timely manner of any change in the licensee's official mailing address.
HISTORY: 2008 Act No. 223, Section 1; 2014 Act No. 156 (H.4574), Section 4, eff April 14, 2014.
Editor's Note
Prior Laws:2000 Act No. 322, Section 5; 2000 Act No. 325, Section 4; 2002 Act No. 185, Section 1.
Effect of Amendment
2014 Act No. 156, Section 4, deleted former subsection (E), relating to the eligibility of current well driller license holders to receive either a class A or class B license.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-240. Reciprocity agreements; licensure of person credentialed in another jurisdiction.

(A) The board may enter into a reciprocal agreement with another jurisdiction of the United States that credentials any licensed activities regulated by this chapter if the board finds the jurisdiction has substantially the same or higher licensure criteria as are required by this chapter.
(B) The board may license a person who is currently credentialed in another jurisdiction of the United States for licensed activities regulated by this chapter if the person demonstrates to the satisfaction of the board that he possesses credentials, education, and experience that are the substantial equivalent of the requirements of this chapter for the licensed activity in question.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-250. License as prerequisite to practice or offer to practice.

No person may practice or offer to practice any licensed activity regulated by this chapter or use any advertisement, business card, or letterhead or make any other verbal or written communication asserting or suggesting that the person is available to engage in any licensed activity or acquiesce in such a representation unless that person has fully complied with this chapter and holds a current license issued by the board authorizing the person to perform the licensed activity.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-260. Continuing education; code of ethics.

The board may establish continuing education requirements and a code of ethics in regulations. The absence of an adopted code of ethics does not prevent the board from finding a licensee is guilty of unethical or unprofessional conduct.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-270. Exceptions from application of chapter.

This chapter does not apply to:
(1) salaried employees performing duties for which they were trained and hired solely within a federal or state governmental agency;
(2) persons constructing, opening, or closing wells on their own property;
(3) persons constructing, opening, or closing exploration borings;
(4) persons licensed as contractors pursuant to Chapter 11 who drill a borehole for measuring groundwater levels, blasting, or short term dewatering for construction purposes.
HISTORY: 2002 Act No. 185, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-280. Requirements, proof, and initiation of claim on bond.

(A) If an applicant is required to provide proof of a bond in order to receive a license pursuant to this chapter, the bond must:
(1) be payable for losses because of defective construction or performance by the bond principal or the principal's agents operating in the course and scope of the principal's agency; and
(2) be cancelable only upon thirty days' written notice to the board; and
(3) provide that cancellation does not affect any liability on the bond that accrued before cancellation; and
(4) be subject to claims as authorized by subsection (B); and
(5) be approved by the board as to form, execution, and sufficiency of the surety.
(B) If proof of a bond is required for licensure by this chapter, the requirement may be satisfied by proof that:
(1) the applicant maintains a current bond in his own name that is in compliance with the requirements of subsection (A);
(2) the applicant is a bona fide employee of a corporation that maintains a current bond in the corporate name that is in compliance with the requirements of subsection (A); or
(3) the applicant is a bona fide employee of a licensed well driller who maintains a current bond in the employer licensee's name that is in compliance with the requirements of subsection (A).
(C) After a hearing the board may initiate claims on the bond of any licensee for the cost of remediation or abatement of deficiencies or losses found to be the responsibility of the licensee. Claims are limited to actual damages and may not include attorney's fees or consequential or punitive damages. Claims may also be initiated upon the bond by the Department of Health and Environmental Control for remediation of deficiencies or losses determined, in accordance with that agency's procedures, to be the responsibility of a licensee.
HISTORY: 2002 Act No. 185, Section 1.
Editor's Note
Prior Laws:2000 Act No. 322, Section 6; 2000 Act No. 325, Section 5.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 23 - Environmental Certification Board › Section 40-23-305. Wastewater treatment operator licenses.

A person employed as an operator of a public wastewater treatment plant must hold a wastewater treatment operator license issued by the board in the certification class required by this section and the regulations of the board. The required certification class must be determined by the treatment group of the public wastewater treatment plant where the operator is employed, as established by the Department of Health and Environmental Control pursuant to Section 48-1-110. The board shall establish in regulations the certification class required for each treatment group of public wastewater treatment plants defined in Section 40-23-20.
HISTORY: 2002 Act No. 185, Section 1.
Editor's Note
Prior Laws:2000 Act No. 322, Section 7; 2000 Act No. 325, Section 6.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 24 - Eye Care Consumer Protection › Section 40-24-10. Definitions.

For purposes of this chapter:
(1) "Contact lenses" means a lens placed directly on the surface of the eye, regardless of whether it is intended to correct a visual defect, and includes, but is not limited to, cosmetic, therapeutic, and corrective lenses.
(2) "Dispense" means the act of providing a pair of spectacles or contact lenses to a patient.
(3) "Eye examination" means an assessment of all or a portion of the ocular health profile, which must include a complete written or electronic medical history, as well as an assessment of the visual status of a patient.
(4) "Kiosk" means automated equipment or an automated application, which is designed to be used on a phone, computer, or Internet-based device that can be used in person or remotely to provide refractive data or information.
(5) "Patient" means a person who submits to an eye examination in this State.
(6) "Prescription" means a provider's handwritten or electronic order to correct refractive error that is based on an eye examination.
(7) "Provider" means an individual licensed by the South Carolina Board of Examiners in Optometry or the South Carolina Board of Medical Examiners.
(8) "Spectacles" means an optical instrument or device worn or used by an individual that has one or more lenses designed to correct or remediate vision deficits or needs of the individual wearer and are commonly known as glasses, including spectacles that may be adjusted by the wearer to achieve different types or levels of visual correction or enhancement, and excluding over-the-counter spectacles not intended to correct or enhance vision or sold without consideration of the visual status of the individual using the spectacles.
(9) "Visual status" means the assessment of the visual acuity, accommodation amplitudes at the discretion of the provider, and ocular alignment of the eyes in an uncorrected state and the best corrected visual acuity achievable with the aid of a spectacle or contact lens prescription; however, the assessment must not be based solely on objective refractive data or information generated by an automated testing device, including an auto refractor or other electronic refractive-only testing device, to provide a medical diagnosis or to establish a refractive error for a patient as part of an eye examination.
HISTORY: 2016 Act No. 173 (S.1016), Section 1, eff May 19, 2016.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 24 - Eye Care Consumer Protection › Section 40-24-20. Valid prescription required to dispense spectacles or contact lenses; penalties.

(A) A person in this State may not dispense spectacles or contact lenses to a patient without a valid prescription from a provider.
(B) To be valid, a prescription must contain an expiration date on spectacles or contact lenses of one year from the date of examination by the provider or a statement of the reasons why a shorter time is appropriate based on the medical needs of the patient. The prescription must take into consideration medical findings made and refractive error discovered during the eye examination. If a provider determines a patient is a suitable candidate for a prescription for contact lenses or spectacles, a provider may not thereafter refuse to issue a prescription for spectacles or contact lenses to a patient.
(C) A prescription for spectacles or contact lenses may not be based solely on the refractive eye error of the human eye or be generated by a kiosk.
(D) Violation of this section constitutes misconduct as provided for in Sections 40-37-110 and 40-47-110. A provider who violates this section is subject to the penalties authorized in Chapter 37, Title 40 or Chapter 47, Title 40, as applicable.
HISTORY: 2016 Act No. 173 (S.1016), Section 1, eff May 19, 2016.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-10. Citation of Act.

This chapter may be cited as the "Practice of Specializing in Hearing Aids Act".
HISTORY: 1962 Code Section 56-745; 1971 (57) 1012; 1992 Act No. 312, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-20. Definitions.

As used in this chapter, unless the context requires otherwise:
(1) "Department" means the Department of Health and Environmental Control.
(2) "Commission" means the State Commission for Hearing Aid Specialists.
(3) "License" means a license issued by the department under this chapter to hearing aid specialists.
(4) "Temporary permit" means a permit issued while the applicant is in training to become a licensed hearing aid specialist.
(5) "Hearing aid" means an acceptable wearable instrument or device designated or offered to aid or compensate for impaired human hearing and parts, attachments, or accessories, including earmold, but excluding batteries and cords.
(6) "Practice of specializing in hearing aids" means the measurement of human hearing by an audiometer and by other established means solely for fitting, making selections, adaptations, or sale of hearing aids. It also includes the making of impressions for earmolds.
(7) "Sell" or "sale" means the transfer of title or of the right to use by lease, bailment, or other contract, excluding wholesale transactions with distributors or specialists.
(8) "Hearing aid specialist" means an individual licensed under this chapter to engage in the practice of specializing in hearing aids.
(9) "Audiologist" means an individual licensed by the State Board of Examiners in Speech Pathology and Audiology as an audiologist.
(10) "Otolaryngologist" means a licensed physician specializing in ear, nose, and throat.
HISTORY: 1962 Code Section 56-745.1; 1971 (57) 1012; 1992 Act No. 312, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-30. Powers and duties of Department of Health and Environmental Control.

The powers and duties of the department are to:
(1) authorize disbursements necessary to carry out this chapter;
(2) supervise issuance of licenses "by experience" and administer qualifying examinations to test the knowledge and proficiency of applicants licensed by examination;
(3) register persons who apply to the department and are qualified to engage in the practice of specializing in hearing aids;
(4) purchase and maintain or rent audiometric equipment and other facilities necessary to carry out the examination of applicants;
(5) issue and renew licenses;
(6) suspend or revoke licenses or require that refunds be made;
(7) designate the time and place for examining applicants;
(8) enforce this chapter;
(9) promulgate and publish regulations not inconsistent with the laws of this State and necessary to carry out this chapter, including the establishment of licensing fees;
(10) appoint or employ subordinate employees;
(11) retain funds received for administration of the program;
(12) require the periodic inspection of audiometric testing equipment and carry out the periodic inspection of facilities of persons who engage in the practice of specializing in hearing aids.
(13) appoint members of the commission and other individuals who are not audiologists to conduct and supervise the written and practical examinations;
HISTORY: 1962 Code Section 56-745.15; 1971 (57) 1012; 1992 Act No. 312, Section 1; 1994 Act No. 337, Sections 1, 5.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-40. Commission of Hearing Aid Specialists established; membership; terms; per diem and expenses.

(A) A Commission of Hearing Aid Specialists is established to guide, advise, and make recommendations to the department.
(B)(1) Members of the commission must be residents of the State. The commission consists of:
(a) five licensed hearing aid specialists, and each must be a principal dealer of a different manufacturer's hearing aid who are not audiologists;
(b) one otolaryngologist;
(c) one representative of the general public who is a user of a hearing aid, is not associated with a hearing aid specialist or manufacturer, and is not a member of the other groups or professions required to be represented on the commission;
(d) the State Health Officer or his designee.
(2) Each hearing aid specialist on the commission must have no less than five years experience under this chapter.
(C) Members of the commission in subsection (B)(1)(a) through (d) must be appointed by the Governor. Before appointing the member in subsection (B)(1)(d), the Governor shall invite recommendations from the South Carolina Hearing Aid Society, the Commission on Aging, the Department of Consumer Affairs, the Department of Education, the Department of Vocational Rehabilitation, the Board of Commissioners of the School for the Deaf and the Blind, and other agencies or organizations which might have knowledge of qualified citizens to serve on the commission. The term of each member is four years. Before a member's term expires the Governor shall appoint a successor to assume his duties at the expiration of the term. A vacancy must be filled in the manner of the original appointment. The members annually shall designate one member as chairman and another as secretary. No member of the commission who has served two or more full terms may be reappointed until at least one year after the expiration of his most recent full term of office.
(D) Commission members may receive per diem and mileage provided by law for members of state boards, committees, and commissions for each day actually spent in the duties of the commission. No member may receive more than fifteen days per diem in one fiscal year.
HISTORY: 1962 Code Section 56-745.16; 1971 (57) 1012; 1978 Act No. 460, Section 1; 1992 Act No. 312, Section 1; 1994 Act No. 337, Section 2; 2008 Act No. 273, Section 5.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-50. Duties of commission.

The commission shall:
(1) advise the department in all matters relating to this chapter;
(2) prepare the examinations required by this chapter for the department;
(3) assist the department in carrying out this chapter;
(4) keep a record of its proceedings and a register of persons licensed under this chapter;
(5) make a report each year to the Governor of all its official acts during the preceding year;
(6) meet not less than once each year at a place, day, and hour determined by the commission and meet at other times and places requested by the department.
HISTORY: 1962 Code Section 56-745.17; 1971 (57) 1012; 1992 Act No. 312, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-60. License required; display of license; rights of licensees; application of chapter to corporations, partnerships and other organizations.

(A) No person may engage in the practice of specializing in hearing aids or display a sign or in another way advertise or represent himself as a person who engages in the practice of specializing in hearing aids after January 1, 1972, unless he holds an unsuspended, unrevoked license issued by the department under this chapter. The license number must be listed in an advertisement or a representation. The license must be posted conspicuously in his office or place of business. Duplicate licenses must be issued by the department to valid license holders operating more than one office without additional payment. A license under this chapter confers upon the holder the right to perform only those hearing tests necessary to select, fit, and sell hearing aids.
(B) Nothing in this chapter prohibits a corporation, partnership, trust, association, or like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing aids at retail without a license, if it employs only properly licensed natural persons in the direct sale and fitting of the products.
HISTORY: 1962 Code Section 56-745.2; 1971 (57) 1012; 1992 Act No. 312, Section 1.