reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 69 - Licensure Of Home Health Agencies › Section 44-69-77. Sharing of administration, supervision, and services.

If a continuing care retirement community licensed pursuant to Title 37, Chapter 11 operates a home health agency licensed pursuant to this chapter and a nursing home licensed pursuant to Title 44, Chapter 7, Article 3, the department shall:
(1) allow the home health agency and nursing home to share administration, supervision, and services to the extent the department determines that sharing does not or will not reduce the care, treatment, health, safety, welfare, and comfort of patients served by the home health agency and the nursing home; and
(2) coordinate, to the extent feasible, annual licensing inspections.
HISTORY: 1996 Act No. 381, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 69 - Licensure Of Home Health Agencies › Section 44-69-80. Discrimination prohibited.

Home health agencies shall not discriminate based on age, sex, race, color, or source of payment in the recruitment, location of patient, acceptance or provision of goods and services to patients or potential patients, provided that payment offered is not less than the cost of providing services.
HISTORY: 1978 Act No. 548 Section 8.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 69 - Licensure Of Home Health Agencies › Section 44-69-90. Rebates, kickbacks, and fee-splitting prohibited.

Home health agencies shall not participate in, or offer, or imply an offer to participate in the practice known generally as rebate, kickbacks, or fee-splitting arrangements.
HISTORY: 1978 Act No. 548 Section 9.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 69 - Licensure Of Home Health Agencies › Section 44-69-100. Penalties.

Any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not to exceed five hundred dollars or imprisoned for a period not to exceed six months or both.
HISTORY: 1978 Act No. 548 Section 10.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 70 - Licensure Of In-home Care Providers Act › Section 44-70-20. Definitions.

As used in this chapter:
(1) "Department" means the South Carolina Department of Health and Environmental Control.
(2) "In-home care" means care:
(a) primarily intended to assist an individual with an activity of daily living or in meeting a personal rather than a medical need, but not including skilled care or specific therapy for an illness or injury;
(b) given to assist an individual in an activity of daily living, such as walking, getting in and out of bed, bathing, dressing, feeding, using the toilet, preparing special diets, and supervising self-administered medication; and
(c) personal in nature but not mandating continuing attention or supervision from trained and licensed medical personnel.
(3) "In-home care provider" means a business entity, corporation, or association, whether operated for profit or not for profit, that for compensation directly provides or makes provision for in-home care services through its own employees or agents or through contractual arrangements with independent contractors or through referral of other persons to render in-home care services when the individual making the referral has a financial interest in the delivery of those services by those other persons who would deliver those services. An in-home care provider does not include:
(a) a home health agency or hospice or an entity licensed pursuant to Section 44-7-260; or
(b) an individual or agency who provides only a house cleaning service; or
(c) a direct care entity defined by Section 44-7-2910 (B)(1)(e), a direct caregiver or caregiver defined by Section 44-7-2910 (B)(2)(e), or an individual who provides a service or services defined by Section 44-21-60;
(d) an individual hired directly by the person receiving care or hired by his family; or
(e) a church or another religious institution recognized as a 501(c)(3) organization by the Internal Revenue Service that provides in-home care services without compensation or for a nominal fee collected to cover incidental expenses directly related to such care.
HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 70 - Licensure Of In-home Care Providers Act › Section 44-70-30. License required.

An in-home care provider must apply for and obtain a license issued by the department that is effective for a specified time period following the date of issue as determined by the department.
HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
Editor's Note
2011 Act No. 18, Section 3, provides as follows:
"This act takes effect upon approval by the Governor, except the licensure requirements of Section 44-70-30 of the 1976 Code, as added by Section 1 of this act, become effective upon the effective date of regulations promulgated by the Department of Health and Environmental Control pursuant to Section 44-70-40, as added by Section 1 of this act."
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 70 - Licensure Of In-home Care Providers Act › Section 44-70-40. Regulations.

The department shall promulgate regulations for the licensure of in-home care providers. The department must include the following standards and procedures in developing regulations:
(1) license application and renewal procedures;
(2) criminal record checks for licensure applicants, which may include criminal offenses that preclude licensure;
(3) drug testing of licensure applicants;
(4) responsibilities and duties of a licensee, including requirements for bonding, record keeping, and reporting;
(5) fees the department may charge to process an application for a license, the issuance of a license, the renewal of a license, and the reinstatement of a revoked or suspended license;
(6) criteria that a licensee's employee, agent, independent contractor, or referral must satisfy before providing in-home care service. These criteria must include, but are not limited to, personal information, completion of a minimum education requirement, completion of minimum training and continuing education requirements, and screening for communicable diseases;
(7) standards for liability and other appropriate insurance coverage; and
(8) sanctions that the department may impose for a violation of this chapter, including the suspension or revocation of a license or the imposition of a monetary penalty. Sanctions imposed may be appealed pursuant to Section 44-1-60.
HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
Editor's Note
2011 Act No. 18, Section 3, provides as follows:
"This act takes effect upon approval by the Governor, except the licensure requirements of Section 44-70-30 of the 1976 Code, as added by Section 1 of this act, become effective upon the effective date of regulations promulgated by the Department of Health and Environmental Control pursuant to Section 44-70-40, as added by Section 1 of this act."
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 70 - Licensure Of In-home Care Providers Act › Section 44-70-50. Prohibition on transfer or assignment of license; suspension or revocation.

A license to operate as an in-home care provider is:
(1) not transferable or assignable; and
(2) subject to suspension or revocation for failure to comply with a provision of this chapter or regulations promulgated by the department.
HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 70 - Licensure Of In-home Care Providers Act › Section 44-70-60. Criminal record check; drug test.

(A) Before becoming licensed as an in-home care provider, a person must undergo a criminal record check as provided for in regulations promulgated by the department pursuant to Section 44-70-40 and submit to a drug test.
(B) Before being employed as an in-home caregiver by a licensed in-home care provider, a person shall undergo a criminal record check as provided for in Section 44-7-2910 and submit to a drug test.
HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 70 - Licensure Of In-home Care Providers Act › Section 44-70-70. Random drug testing.

A licensed in-home provider and an individual employed as an in-home caregiver by a licensed in-home care provider are subject to random drug testing.
HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 70 - Licensure Of In-home Care Providers Act › Section 44-70-80. Use of fees collected.

Fees collected pursuant to this chapter must be retained by the department and credited to a separate and distinct account to be used exclusively by the department to carry out its responsibilities under this chapter.
HISTORY: 2011 Act No. 18, Section 1, eff May 11, 2011.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-10. Short title.

This chapter may be cited as the "Quality Hospice Programs Act".
HISTORY: 1983 Act No. 13 Section 1; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 61, Section 1, substituted "Quality Hospice Programs Act" for "Hospice Licensure Act".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-20. Definitions.

As used in this chapter:
(1) "Board" means the South Carolina Board of Health and Environmental Control.
(2) "Department" means the South Carolina Department of Health and Environmental Control.
(3) "Hospice" means a centrally administered, interdisciplinary health care program, which provides a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family including, but not limited to, outpatient and inpatient services provided directly or through written agreement. Inpatient services include, but are not limited to, services provided by a hospice in a licensed hospice facility.
Admission to a hospice program of care is based on the voluntary request of the hospice patient alone or in conjunction with designated family members.
(4) "Hospice facility" means an institution, place, or building in which a licensed hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring hospice care pursuant to the orders of a physician.
(5) "Licensee" means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice or hospice facility.
(6) "Multiple location" means a properly registered additional site, other than the licensed primary office, from which a parent hospice organization provides hospice services. "Multiple location" does not mean a "work station" as defined in item (9).
(7) "Parent hospice" means a properly licensed hospice that, in addition to its primary office, also provides hospice services from a multiple location as defined in item (6).
(8) "Primary office" means the main office of a hospice program from which a parent hospice provides hospice services to patients and their families and from which a parent hospice performs oversight, administrative, and coordination of care duties for any multiple location.
(9) "Work station" means a site operated within the licensed service area of a hospice solely for the convenience of the staff where they may conduct activities including, but not limited to, completing paperwork, checking messages, or storing equipment. These work stations must not have signage with an address or operating hours, must not be advertised, and must not be open to the public for any reason, such as to distribute supplies or to receive referrals.
HISTORY: 1983 Act No. 13 Section 2; 2000 Act No. 248, Section 4; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 61, Section 1, in (3), substituted "program, which provides" for "program. This program must provide"; added (6), relating to the definition of "multiple location"; added (7), relating to the definition of "parent hospice"; added (8), relating to the definition of "primary office"; and added (9), relating to the definition of "work station".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-30. License for operation of hospice.

(A) No person, private or public organization, political subdivision, or other governmental agency may establish, conduct, or maintain a hospice or represent itself as a hospice without first obtaining a license from the department.
(B) A license obtained pursuant to this section is effective for a twelve-month period following the date of issue.
(C) The license must prescribe by county the geographic area authorized to be served. A hospice that wishes to expand its licensed service area to include additional counties shall first obtain approval from the department confirming that, pursuant to Section 44-71-40(C), the hospice has properly filed the application to amend its license to include the additional counties within the prescribed geographic area authorized to be served.
(D) A license issued under this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this chapter.
(E) The department shall publish a current list of all licensed hospices on its website. The information to be published must include, but not be limited to, the licensee's primary office as well as any and all registered multiple locations. In addition, the information also must include a list of all counties served by the licensee's primary office and any and all multiple locations.
HISTORY: 1983 Act No. 13 Section 3; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 61, Section 1, rewrote the section, establishing certain licensing requirements.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-35. Registration of multiple location.

(A) A hospice may not establish, operate, or maintain a multiple location or represent itself as such without first registering the multiple location with the department and receiving approval of the registration from the department confirming that, pursuant to Section 44-71-40(B), the hospice has properly filed the application to amend its license to include the multiple location. Upon approval by the department, a multiple location must be listed on the license of the parent hospice.
(B) A registration may be filed at any time and is effective until the expiration of the license of the parent hospice that is in effect at the time of the initial approval of the multiple location. The registration and approval of a multiple location is effective for a period running coterminous with the parent hospice's license, and the registration and approval of a multiple location must be reviewed by the department annually at the time of the parent hospice's license renewal and as a part of that process as prescribed by the department in regulation.
(C) The application for registration of a multiple location must prescribe by county the geographic area authorized to be served. Upon approval of the registration by the department, the license of the parent hospice must be amended to include the multiple location as required in subsection (A) as well as any additional counties within the prescribed geographic area authorized to be served.
(D) A multiple location approval granted pursuant to this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this chapter.
HISTORY: 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-40. Application for license.

(A) A person, private or public organization, political subdivision, or other governmental agency desiring to obtain a license shall file with the department an application on a form prescribed, prepared, and furnished by the department.
(B) Any hospice desiring to obtain approval for the registration of a multiple location shall file with the department an application on a form prescribed, prepared, and furnished by the department.
(C) Any hospice desiring to expand its licensed service area of its primary office or one or more of its registered multiple locations to include additional counties shall first file with the department an application on a form prescribed, prepared, and furnished by the department.
HISTORY: 1983 Act No. 13 Section 4; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 61, Section 1, rewrote the section, providing for expansion of hospice service areas.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-50. Fees.

The department is authorized to establish reasonable fees to be used in the administration of the program.
HISTORY: 1983 Act No. 13 Section 5; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 61, Section 1, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-60. Regulations.

The department shall promulgate regulations which define needs, services, and standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by hospices, including hospice facilities, primary offices, and multiple locations, and for the maintenance and operation of hospices, including hospice facilities, primary offices, and multiple locations, which will promote safe and adequate care and treatment of the patients and their families.
HISTORY: 1983 Act No. 13 Section 6; 2000 Act No. 248, Section 5; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 61, Section 1, inserted ", including hospice facilities, primary offices, and multiple locations, and" and "primary offices, and multiple locations,".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-65. Hospice to comply with department regulations; not subject to nursing home or community residential care facility licensure and regulation.

Notwithstanding any other provision of law, a hospice facility, primary office, and multiple location must comply with the regulations promulgated by the department pursuant to this chapter and are not subject to regulations pertaining to the licensure and regulation of nursing homes or community residential care facilities.
HISTORY: 2000 Act No. 248, Section 1; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 61, Section 1, inserted ", primary office, and multiple location" and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-70. Authority to issue, deny, suspend, or revoke licenses.

(A) The department is authorized to issue, deny, suspend, or revoke licenses in accordance with regulations promulgated pursuant to this section. Such regulations must include hearing procedures related to denial, suspension, or revocation of licenses.
(B) The department is authorized to deny, suspend, or revoke approvals of multiple locations in accordance with regulations promulgated pursuant to this section when there is evidence or reason to believe that any of the following requirements and conditions are not being met:
(1) the parent hospice is properly licensed, operating in accordance with all South Carolina laws and regulations;
(2) the multiple location will provide the full scope of hospice services in all geographical areas listed on the license;
(3) the multiple location will share administration, supervision, and services with the parent hospice; and
(4) the multiple location will be included in the quality improvement activities of the parent hospice.
(C) The department shall approve a request to expand the service area of a parent hospice to include additional counties only when the additional counties are requested in a properly filed application as required by Section 44-71-40(C).
(D) Regulations pertaining to the denial, suspension, or revocation of approvals must include hearing procedures related to denial, suspension, or revocation of licenses.
HISTORY: 1983 Act No. 13 Section 7; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 61, Section 1, inserted the paragraph identifiers, and added (B) to (D), authorizing the department to deny, suspend, or revoke approvals under certain circumstances.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-80. Annual inspections; joint annual reports.

(A) Each hospice for which a license has been issued must be inspected by an authorized representative of the department at least once a year for the purpose of ensuring that the provisions of this chapter are being followed. For hospices whose licensees include multiple locations, the department shall rotate those inspections among each location.
(B) All hospices shall complete and return a joint annual report to the department and the Revenue and Fiscal Affairs Office on a form prescribed by the department within a time period specified by the department or the Revenue and Fiscal Affairs Office. In the development of this form, the department shall incorporate input from hospice providers to ensure the report captures data on all services that are to be provided by hospices.
HISTORY: 1983 Act No. 13 Section 8; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 61, Section 1, inserted the paragraph identifiers; in (A), added the second sentence; and added (B), relating to joint annual reports.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-85. Disposal of deceased patient's unused controlled substances.

(A) Upon the death of a patient receiving outpatient services from a hospice, ownership of unused medications related to the care of the patient constituting Schedule II, III, IV, or V controlled substances under 21 C.F.R. Part 1308 shall transfer to the hospice for immediate disposal. Each hospice providing outpatient services shall establish a written procedure to ensure safe disposal of unused controlled substances at the time of a patient's death. Upon the death of a patient receiving outpatient services, in the presence of a witness, the hospice nurse shall record in the medical record the name and quantity of each unused controlled substance. The hospice nurse then shall conduct immediate disposal at the site of care by complying with Environmental Protection Agency and Drug Enforcement Administration guidelines for safe disposal or immediate mail-back to a collector registered pursuant to 21 C.F.R Section 1317.40. If conducting immediate disposal at the site of care, the nurse should perform the disposal in the presence of a witness, who shall sign a document indicating their witnessing of the disposal. If participating in immediate mail-back to a registered collector, the hospice nurse shall deposit the unused medications into the mail-back envelope and seal the envelope at the site of outpatient services. Hospice employees must not remove any medications from the site of outpatient services other than to conduct immediate mail-back to a registered collector. The hospice nurse shall record the method of disposal in the medical record.
(B) For the purpose of disposing unused medication constituting a Schedule II, III, IV, or V controlled substance under 21 C.F.R. Part 1308, a hospice facility is a 'long-term care facility' as defined by 21 C.F.R. Section 1300.01. The hospice facility shall dispose of unused Schedule II, III, IV, and V controlled substances in accordance with 21 C.F.R. Sections 1317.30 and 1317.80.
HISTORY: 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-90. Discrimination prohibited.

Hospices must not discriminate based on age, sex, race, color, religion, or source of payment, location of patient, acceptance or provision of goods and services to patients or potential patients.
HISTORY: 1983 Act No. 13 Section 9; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 61, Section 1, substituted "or potential patients" for "of potential patients".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-95. Hospice services by health care facility.

Nothing in this chapter may be construed to prohibit a health care facility from providing hospice services through contractual arrangements with a licensed hospice operation.
HISTORY: 2000 Act No. 248, Section 2; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 61, Section 1, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-100. Rebates, kickbacks, and fee-splitting prohibited.

Hospices may not participate in, or offer, or imply an offer to participate in the practice known generally as rebate, kickbacks, or fee-splitting arrangements.
HISTORY: 1983 Act No. 13 Section 10; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 61, Section 1, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 71 - Licensure Of Hospice Programs › Section 44-71-110. Penalties.

Any person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, shall be fined not to exceed five hundred dollars or imprisoned for a period not to exceed six months or both.
HISTORY: 1983 Act No. 13 Section 11; 2017 Act No. 61 (H.3132), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 61, Section 1, inserted commas after "misdemeanor and" and "upon conviction".
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 74 - Radiologic Technologists › Section 44-74-20. Definitions.

As used in this chapter:
(1) "Board" means the board of the South Carolina Radiation Quality Standards Association.
(2) "Certificate" means a certificate issued by the board or by an entity recognized by the board authorizing the certificate holder to use radioactive materials or equipment emitting ionizing radiation on humans for diagnostic or therapeutic purposes in accordance with the provisions of this chapter.
(3) "Licensed practitioner" means a person licensed to practice medicine, dentistry, podiatry, chiropractic, or osteopathy in this State.
(4) "Limited practice radiographer" means a person who conducts diagnostic radiology exams limited to the performance of specific procedures or applications of ionizing radiation to specific parts of the human body.
(5) "Limited chest radiographer" means a person who conducts diagnostic radiography exams of the chest only, not to include mammography.
(6) "Nuclear medicine technologist" means a person, other than a licensed practitioner, who prepares and administers radiopharmaceutical agents to humans for diagnostic and therapeutic purposes.
(7) "Podiatric limited practice radiographer" means a person who conducts diagnostic radiology exams limited to the performance of specific procedures or applications of ionizing radiation to specific parts of the human body, working under the supervision of a licensed podiatrist.
(8) "Radiation therapist" means a person, other than a licensed practitioner, who applies radiation to humans for therapeutic purposes.
(9) "Radiographer" means a person, other than a licensed practitioner, who applies radiation to humans for diagnostic purposes including, but not limited to, mammography, cardiovascular-interventional technology, and computed tomography.
(10) "Radiologic technologist" means a person who is a limited practice radiographer, radiographer, podiatric limited practice radiographer, limited chest radiographer, radiation therapist, or nuclear medicine technologist certified by the American Registry of Radiologic Technologists or who is certified by the South Carolina Radiation Quality Standards Association or who has obtained a certificate acceptable to the South Carolina Radiation Quality Standards Association.
(11) "Direct supervision" means a certified radiographer who:
(a) reviews the procedure in relation to the student's achievement;
(b) evaluates the condition of the patient in relation to the student's knowledge;
(c) is present during the conduct of the procedure;
(d) reviews and approves the procedure; and
(e) is present during student performance of any repeat of any unsatisfactory radiograph.
HISTORY: 1999 Act No. 101, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 74 - Radiologic Technologists › Section 44-74-30. Prohibited conduct.

(A) No person, other than a licensed practitioner or a radiologic technologist possessing a certificate from the South Carolina Radiation Quality Standards Association may use ionizing radiation or equipment emitting or detecting ionizing radiation on humans for diagnostic or therapeutic purposes.
(B) No person knowingly may employ or designate as a radiologic technologist a person who does not hold a certificate issued by the South Carolina Radiation Quality Standards Association.
(C) No person holding a certificate issued by the South Carolina Radiation Quality Standards Association may use radioactive substances or equipment emitting or detecting ionizing radiation on humans for diagnostic or therapeutic purposes unless under the direction and supervision of a licensed practitioner and unless so directed by prescription of a licensed practitioner.
(D) No person who is not certified by the South Carolina Radiation Quality Standards Association shall take, use, or exhibit the title of "limited practice radiographer", "podiatric limited practice radiographer", "limited chest radiographer", "radiographer", "radiation therapist", or "nuclear medicine technologist", or any other title, sign, display, or declaration that tends to lead the public to believe that the person is authorized to apply ionizing radiation on humans for diagnostic or therapeutic purposes.
(E) No person, other than a licensed practitioner, may operate any x-ray machinery in the health care setting, including a hospital, a mobile or temporary health care setting, or the office of a person licensed to practice any health care profession pursuant to any chapter of Title 40 of the Code of Laws of South Carolina without possessing a current valid certificate from the South Carolina Radiation Quality Standards Association.
HISTORY: 1999 Act No. 101, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 74 - Radiologic Technologists › Section 44-74-40. Certification requirements; certification without examination; chapter construction.

(A) A radiologic technologist who is certified by the American Registry of Radiologic Technologists is deemed to have met the qualifications for certification by the South Carolina Radiation Quality Standards Association and, upon application, must be issued an initial certification without examination.
(B) Nothing in this chapter limits, enlarges, or affects the practice of a licensed practitioner.
(C) A resident physician or a student enrolled in and attending a school or college of medicine, osteopathy, chiropractic, podiatry, radiologic technology, or a curriculum approved by the South Carolina Radiation Quality Standards Association who applies ionizing radiation to humans while under the supervision of a licensed practitioner or direct supervision of a certified radiologic technologist appropriately trained to supervise the specific procedure is not required to be certified under this chapter.
HISTORY: 1999 Act No. 101, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 74 - Radiologic Technologists › Section 44-74-50. Reporting violators; actions on complaints; certificate display; exemptions.

(A) Any person employing or allowing a person to operate x-ray machinery without possessing a certificate must be reported to the South Carolina Department of Health and Environmental Control. The South Carolina Department of Health and Environmental Control must take appropriate action against the registrant of the x-ray machinery pursuant to regulations of the South Carolina Department of Health and Environmental Control. Reports of violations can be made to the South Carolina Department of Health and Environmental Control by members of the public, licensed health care professionals, hospitals, or the South Carolina Radiation Quality Standards Association. The South Carolina Department of Health and Environmental Control must act on these complaints within ninety days. A current copy of the operators' certificate must be reviewed by the South Carolina Department of Health and Environmental Control at the time of inspection. The registrant of the equipment must display the current operators' certificates in public view.
(B) Dentists and their auxiliaries who meet the requirements of the South Carolina Dental Practice Act are exempt from the provisions of this act.
HISTORY: 1999 Act No. 101, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 74 - Radiologic Technologists › Section 44-74-60. Association registration; board composition, compensation, and powers.

(A) The South Carolina Radiation Quality Standards Association must be registered with the South Carolina Secretary of State's Office as a nonprofit corporation and recognized as a tax exempt organization under Section 501(C) of the federal Internal Revenue Code.
(B) The board must be composed of thirteen members from the below listed trade associations as follows: one member shall be a representative from the South Carolina Society of Medical Assistants, Incorporated, who is also a certified limited practice radiographer and a certified medical assistant; one member shall be a consumer from the South Carolina Radiation Standards Association; two members shall be radiologic technologists from the South Carolina Society of Radiologic Technologists (SCSRT), one of whom is employed by a hospital and from the South Carolina Health Care Alliance; one member shall be a radiologic technologist educator from the SCSRT; one member shall be a radiologic technologist of nuclear medicine from the South Carolina Society of Nuclear Medicine; one member shall be a radiation therapist from the SCSRT; three members shall be medical doctors, one doctor shall be a licensed family physician from the South Carolina Academy of Family Physicians, one doctor shall be a licensed radiologist from the South Carolina Radiological Society, and one doctor shall be a medical doctor of another specialty from the South Carolina Medical Association; one member shall be a chiropractor from the South Carolina Chiropractic Association; one member shall be a podiatrist from the South Carolina Podiatric Medical Association; and one member shall be a nonvoting representative from the South Carolina Department of Health and Environmental Control, ex officio, and from the Radiological Health Branch.
(C) The members of the board shall be appointees from the above listed trade associations and the members of the board shall serve for a term to be established by the board. The members of the board shall serve without compensation. However, the board may establish rates for mileage, subsistence, and per diem to be paid to board members not to exceed the usual payments for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions.
(D) The board is authorized to:
(1) establish certification qualifications for each category of radiological technologist;
(2) conduct certification examinations;
(3) certify qualified radiological technologists;
(4) establish and collect fees necessary to conduct certification examinations and administer the board; and
(5) establish continuing education requirements and terms of re-certification.
HISTORY: 1999 Act No. 101, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 75 - Athletic Trainers' Act Of South Carolina › Section 44-75-10. Repealed.

HISTORY: Former Section, titled Short title, had the following history: 1984 Act No. 441, Section 1. Repealed by 2023 Act No. 77, Section 1, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 75 - Athletic Trainers' Act Of South Carolina › Section 44-75-20. Repealed.

HISTORY: Former Section, titled Definitions, had the following history: 1984 Act No. 441, Section 2; 1992 Act No. 330, Section 1; 2019 Act No. 61 (H.3621), Section 1, eff May 16, 2019. Repealed by 2023 Act No. 77, Section 1, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 75 - Athletic Trainers' Act Of South Carolina › Section 44-75-30. Repealed.

HISTORY: Former Section, titled Promulgation of regulations; establishment of Athletic Trainers' Advisory Committee, had the following history: 1984 Act No. 441, Section 3; 1990 Act No. 522, Section 2. Repealed by 2023 Act No. 77, Section 1, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 75 - Athletic Trainers' Act Of South Carolina › Section 44-75-40. Repealed.

HISTORY: Former Section, titled Necessity of certification; application; administrative procedures, had the following history: 1984 Act No. 441, Section 4. Repealed by 2023 Act No. 77, Section 1, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 75 - Athletic Trainers' Act Of South Carolina › Section 44-75-50. Repealed.

HISTORY: Former Section, titled Requirements for certification, had the following history: 1984 Act No. 441, Section 5; 1992 Act No. 330, Section 2; 2006 Act No. 356, Section 1, eff June 9, 2006; 2019 Act No. 61 (H.3621), Section 2, eff May 16, 2019. Repealed by 2023 Act No. 77, Section 1, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 75 - Athletic Trainers' Act Of South Carolina › Section 44-75-60. Repealed.

HISTORY: Former Section, titled Reciprocity with other states, had the following history: 1984 Act No. 441, Section 6. Repealed by 2023 Act No. 77, Section 1, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 75 - Athletic Trainers' Act Of South Carolina › Section 44-75-70. Repealed.

HISTORY: Former Section, titled Fees, had the following history: 1984 Act No. 441, Section 7. Repealed by 2023 Act No. 77, Section 1, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 75 - Athletic Trainers' Act Of South Carolina › Section 44-75-80. Repealed.

HISTORY: Former Section, titled Exemption from certification, had the following history: 1984 Act No. 441, Section 8. Repealed by 2023 Act No. 77, Section 1, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 75 - Athletic Trainers' Act Of South Carolina › Section 44-75-90. Repealed.

HISTORY: Former Section, titled Grandfather provision, had the following history: 1984 Act No. 441, Section 9. Repealed by 2023 Act No. 77, Section 1, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 75 - Athletic Trainers' Act Of South Carolina › Section 44-75-100. Repealed.

HISTORY: Former Section, titled Applicability to employee of athletic organization, had the following history: 1984 Act No. 441, Section 10; 1992 Act No. 330, Section 3; 2019 Act No. 61 (H.3621), Section 3, eff May 16, 2019. Repealed by 2023 Act No. 77, Section 1, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 75 - Athletic Trainers' Act Of South Carolina › Section 44-75-110. Repealed.

HISTORY: Former Section, titled Hiring of certified athletic trainers by school districts, had the following history: 1984 Act No. 441, Section 11. Repealed by 2023 Act No. 77, Section 1, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 75 - Athletic Trainers' Act Of South Carolina › Section 44-75-120. Repealed.

HISTORY: Former Section, titled Penalties, had the following history: 1984 Act No. 441 Section 12; 2019 Act No. 61 (H.3621), Section 4, eff May 16, 2019. Repealed by 2023 Act No. 77, Section 1, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 76 - Automated External Defibrillators › Section 44-76-20. Definitions.

For purposes of this chapter:
(1) "Automated external defibrillator" or "AED" means an automated external defibrillator which is a medical device heart monitor and defibrillator that:
(a) has received approval of its pre-market notification filed pursuant to the United States Code, Title 21, Section 360(k), from the United States Food and Drug Administration;
(b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and
(c) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.
(2) "Health care professional" means a licensed physician, surgeon, physician's assistant, nurse practitioner, or nurse.
(3) "Designated AED user" means a person identified by the person or entity acquiring an AED who has received training in the use of an AED pursuant to this chapter.
HISTORY: 1999 Act No. 34, Section 1.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 76 - Automated External Defibrillators › Section 44-76-30. Training, maintenance, testing, use, and reporting requirements for automated external defibrillators.

A person or entity that acquires an AED shall:
(1) require its designated AED users to have current training in CPR and AED use by the American Heart Association, American Red Cross, American Safety and Health Institute, or National Safety Council, or training from a program that meets or exceeds the training standards of these organizations;
(2) maintain and test the AED according to the manufacturer's operational guidelines and keep written records of maintenance and testing;
(3) employ or obtain a health care professional to serve as its AED liaison;
(4) have in place an AED program approved by its AED liaison which includes CPR and AED training, AED protocol or guidelines, AED deployment strategies, and an AED equipment maintenance plan;
(5) include in its AED protocol or guidelines that a person who renders emergency care or treatment to a person in cardiac arrest caused by ventricular fibrillation/tachycardia by using an AED must activate the emergency medical services system or 911 as soon as possible; and
(6) report any clinical use of the AED to the AED liaison.
HISTORY: 1999 Act No. 34, Section 1; 2008 Act No. 206, Section 3, eff May 14, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 76 - Automated External Defibrillators › Section 44-76-40. Immunity from civil liability for use of automated external defibrillator.

(1) Any person or entity acting in good faith and gratuitously shall be immune from civil liability for the application of an AED unless the person was grossly negligent in the application.
(2) Any designated AED users meeting the requirements of Section 44-76-30(1) and acting according to the required training shall be immune from civil liability for the application of an AED unless the application was grossly negligent.
(3) A person or entity acquiring an AED and meeting the requirements of Section 44-76-30 or an AED liaison meeting the requirements of Section 44-76-30 shall be immune from civil liability for the application of an AED by any person or entity described in items (1) or (2) of this section.
(4) A prescribing physician shall be immune from civil liability for authorizing the purchase of an AED, unless the authorization was grossly negligent.
(5) Any person or entity, acting in good faith and gratuitously, that teaches or provides a training program for cardiopulmonary resuscitation that includes training in the use of an automated external defibrillator is immune from civil liability for providing this training for use if the:
(a) person or entity has provided the training in accordance with the guidelines and policies of a national training organization, as defined in Section 44-76-30(1);
(b) person providing the training is authorized to deliver that course or curriculum; and
(c) training delivery was not grossly negligent.
HISTORY: 1999 Act No. 34, Section 1; 2008 Act No. 206, Section 1, eff May 14, 2008.
2023 South Carolina Code of Laws › Title 44 - Health › Chapter 77 - Death With Dignity Act › Section 44-77-20. Definitions.

As used in this chapter:
(1) "Declarant" means a person who has signed a declaration in accordance with Sections 44-77-40 and 44-77-50, in accordance with earlier, current, or future versions of this chapter, or in accordance with the law of another state if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in Section 44-77-40.
(2) "Life-sustaining procedures" means any medical procedures or intervention which would serve only to prolong the dying process and where, in the judgment of the attending physician, death will occur whether or not the procedures are utilized. Life-sustaining procedures do not include the administration of medication or other treatment for comfort care or alleviation of pain. The declarant shall indicate in the declaration whether the provision of nutrition and hydration through medically or surgically implanted tubes is to be treated as a life-sustaining procedure. Pursuant to a lawfully executed declaration if the declarant fails to give instructions by initialing the appropriate statements concerning nutrition and hydration, nutrition and hydration necessary for comfort care or alleviation of pain will be provided.
(3) "Physician" means a person licensed to practice medicine.
(4) "Terminal condition" means an incurable or irreversible condition that, within reasonable medical judgment, could cause death within a reasonably short period of time if life-sustaining procedures are not used.
(5) "Active treatment" means the standard of reasonable professional care that would be rendered by a physician to a patient in the absence of a declaration including, but not limited to, hospitalization and medication.
(6) "Person" means an individual, partnership, committee, association, corporation, hospital, or other organization or group.
(7) "Permanent unconsciousness" means a medical diagnosis, consistent with accepted standards of medical practice, that a person is in a persistent vegetative state or some other irreversible condition in which the person has no neocortical functioning, but only involuntary vegetative or primitive reflex functions controlled by the brain stem.
HISTORY: 1986 Act No. 341, Section 2; 1988 Act No. 586; 1991 Act No. 149, Section 2.