reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 49 - Plumbers And Plumbing › Section 40-49-310. Compensation of members; disposition of surplus funds.

The members of each such board shall receive for each meeting a per diem as designated by the governing body which appointed them, to be paid out of the money received for the issuing of such certificate. The surplus, if any, shall be paid into the treasury of the county, municipality, incorporated community or district, as the case may be.
HISTORY: 1962 Code Section 56-1531; 1952 Code Section 56-1531; 1945 (44) 369.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 49 - Plumbers And Plumbing › Section 40-49-320. Examinations for certificates.

Each board of plumbing examiners created under this article shall designate the time and place for the examination of all persons desiring to secure a certificate as herein provided for. Each applicant shall be compelled to pass such examination as to his qualifications as such respective boards may direct. Such examinations shall be made in whole or in part in writing and shall be of a practical and elementary character, but sufficiently strict to test the qualifications of the applicant.
HISTORY: 1962 Code Section 56-1532; 1952 Code Section 56-1532; 1945 (44) 369.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 49 - Plumbers And Plumbing › Section 40-49-330. Issuance of certificates; fees; annual renewal.

If satisfied with the competency of such applicant, the appropriate board of plumbing examiners shall issue a certificate to such applicant, authorizing him to engage in the business of installing sanitary plumbing. The fee for the certificate to a master or employing plumber shall be five dollars and to a journeyman plumber two dollars. The certificate shall be valid for the term of one year, but it may be renewed upon proper application to the board which issued it and the payment of a fee of fifty cents.
HISTORY: 1962 Code Section 56-1533; 1952 Code Section 56-1533; 1945 (44) 369.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 49 - Plumbers And Plumbing › Section 40-49-340. Issuance of certificates without examination.

Every person who was engaged in the trade or business of installing sanitary plumbing on May 4, 1945 shall be entitled to his initial certificate under Section 40-49-330 provided application therefor is filed with and the fee provided in said section is paid to the board issuing it within sixty days after the date of the organization of such board. No person holding a certificate granted by a board of plumbing examiners created under Section 40-49-20 or under Section 40-49-280 shall be required to have a certificate under this article to engage in the business of installing sanitary plumbing or to install sanitary plumbing in any part or section of the county or in any municipality, incorporated community or water, sewer or public service district in the county.
HISTORY: 1962 Code Section 56-1534; 1952 Code Section 56-1534; 1945 (44) 369.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 49 - Plumbers And Plumbing › Section 40-49-350. Territorial extent of licenses.

No certificate issued under the provisions of this article shall authorize the holder thereof to engage in the business of installing sanitary plumbing or to install sanitary plumbing in any city or town in the county having a population of fifteen thousand inhabitants or more as fixed by the then most recent Federal census. No person holding only a certificate granted by a board of plumbing examiners created under Section 40-49-290 may engage in the business of installing sanitary plumbing or install sanitary plumbing outside of the territory comprised within the municipality or the incorporated community or water, sewer or public service district whose governing board created the board which granted such certificate.
HISTORY: 1962 Code Section 56-1535; 1952 Code Section 56-1535; 1945 (44) 369.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 49 - Plumbers And Plumbing › Section 40-49-360. Provisions, rules, regulations, ordinances, and certificates exempted.

Nothing in this article contained shall modify, restrict, impair or affect the provisions of Article 1 of this chapter or the validity and applicability of any rules or regulations relating to the construction of plumbing or sewerage promulgated by the county health board of any county in which this article is applicable or the validity and applicability of the ordinances of any municipality adopted under said Article 1 or of any rules and regulations promulgated thereunder or of any certificates issued thereunder.
HISTORY: 1962 Code Section 56-1536; 1952 Code Section 56-1536; 1945 (44) 369.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-10. Terms "podiatry" or "podiatrist" and "chiropody" or "chiropodist" have identical meanings.

The terms "chiropody" or "chiropodist" or their derivatives and the terms "podiatry" or "podiatrist" or their derivatives shall convey and imply identical meanings.
HISTORY: 1962 Code Section 56-1543; 1960 (51) 1717.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-40. Regulations of board; continuing education.

The Board of Podiatry Examiners may promulgate regulations to carry out this chapter including, but not limited to, regulations establishing continuing education requirements.
HISTORY: 1962 Code Section 56-1543.3; 1952 Code Section 56-302; 1942 Code Section 5231-5; 1935 (39) 180; 1960 (51) 1717; 1996 Act No. 241, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-50. License required.

It shall be unlawful for any person to profess to be a podiatrist or chiropodist or to practice or assume the duties incident to podiatry or chiropody without first obtaining from the State Board of Podiatry Examiners a podiatry license.
HISTORY: 1962 Code Section 56-1543.4; 1952 Code Section 56-303; 1942 Code Section 5231-2; 1935 (39) 180; 1960 (51) 1717.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-57. Preceptorships and residency programs.

(A) In addition to all licensing requirements provided for in this chapter, an applicant for licensure must have completed a one-year post-podiatric medical formal preceptorship or residency program approved by the American Association of Podiatric Physicians and Surgeons or the American Podiatric Medical Association.
(B) The board may issue limited licenses to podiatrists participating in approved preceptorship or residency programs.
HISTORY: 1996 Act No. 241, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-60. Board to determine fee for practicing podiatry.

Any person desiring to enter into the practice of podiatry in this State shall pay a fee to be determined by regulation of the board.
HISTORY: 1962 Code Section 56-1543.5; 1952 Code Section 56-304; 1942 Code Section 5231-4; 1935 (39) 180; 1960 (51) 1717; 1973 (58) 368; 1981 Act No. 77 Section 1; 1982 Act No. 393, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-65. License required to practice; examination; qualifications; temporary license.

It is unlawful for any person to practice podiatric medicine in this State without obtaining first a license from the board.
The board shall conduct an examination of any applicant who submits satisfactory evidence that he has:
(a) received four years of high school training;
(b) completed at least three years of pre-podiatry training at a recognized college;
(c) received a diploma or certificate of graduation from a recognized college of podiatric medicine which has been accredited by the Council on Podiatric Medical Education.
HISTORY: 1982 Act No. 393, Section 3; 1988 Act No. 654.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-70. Board to make regulations governing examinations and meetings.

The board may make such regulations as it may deem necessary to conduct its examinations and meetings. It shall provide such books, blanks, and forms as may be necessary to conduct such examinations and shall preserve and keep a complete record of all its transactions.
HISTORY: 1962 Code Section 56-1543.6; 1952 Code Section 56-305; 1942 Code Sections 5231-7, 5231-9; 1935 (39) 180; 1960 (51) 1717; 1982 Act No. 393, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-80. Examinations.

For the purposes of examination the board shall use the National Board of Podiatry Examination and may use other written or oral or written and oral examinations as the board considers necessary; however, a written examination administered by the board must be a nationally recognized examination or must be administered by at least one other state. The board shall offer the required examinations at least twice annually. A successful applicant who has completed all requirements is eligible for a certificate to practice podiatric medicine.
HISTORY: 1962 Code Section 56-1543.7; 1952 Code Section 56-306; 1942 Code Section 5231-8; 1935 (39) 180; 1960 (51) 1717; 1982 Act No. 393, Section 5; 1996 Act No. 241, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-100. Fees for examinations; reexamination.

Each applicant before being allowed to take the examination, must pay to the board a fee to be fixed by the board at an amount which, with other available resources of the board, will fully cover the cost of the examination, including compensation and expenses of members of the examining board. In case the application is denied and examination is refused the fee shall be returned to the applicant. Any applicant who fails to pass an examination shall be entitled to a reexamination within six months upon payment of the original examination fee, but only two such reexaminations shall be permitted under the privilege of the original application.
HISTORY: 1962 Code Section 56-1543.9; 1952 Code Section 56-308; 1942 Code Section 5231-10; 1935 (39) 180; 1960 (51) 1717; 1973 (58) 368; 1981 Act No. 77 Section 2; 1982 Act No. 393, Section 6.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-110. Reciprocity.

Upon payment of a fee to be determined by regulation of the board, a license may be issued to a podiatrist or a chiropodist moving to this State from a state maintaining requirements for the practice of podiatry or chiropody equal to the standard in this State and extending the same reciprocal privileges to podiatrists or chiropodists in this State.
HISTORY: 1962 Code Section 56-1543.10; 1952 Code Section 56-309; 1942 Code Section 5231-14; 1935 (39) 180; 1960 (51) 1717; 1981 Act No. 77 Section 3; 1982 Act No. 393, Section 7; 1996 Act No. 241, Section 5.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-120. Designation of licensed persons.

Any person to whom a license is granted under the provisions of this chapter shall be entitled to be known as a licensed podiatrist or chiropodist and any other podiatrist or chiropodist who may later practice in the State shall be privileged to use the title which his diploma from his podiatry or chiropody college may have granted.
HISTORY: 1962 Code Section 56-1543.11; 1952 Code Section 56-310; 1942 Code Section 5231-3; 1935 (39) 180; 1960 (51) 1717.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-130. Display of licenses.

A license must be conspicuously displayed at the place of practice within thirty days of its issue.
HISTORY: 1962 Code Section 56-1543.12; 1952 Code Section 56-311; 1942 Code Section 5231-12; 1935 (39) 180; 1960 (51) 1717; 1996 Act No. 241, Section 6.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-140. Annual renewal of licenses; continuing education requirements.

A person licensed to practice podiatry must pay a biennial renewal license fee which must be established in regulation by the board, biennially must complete twenty-four hours of continuing medical education through a program approved by the South Carolina Board of Podiatry Examiners, and must submit documentation to the board of completion of this education. If a podiatrist is authorized pursuant to state and federal law to prescribe controlled substances, two of the requisite biennial hours of continuing education must be related to approved procedures of prescribing and monitoring controlled substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, and 44-53-250. If the renewal fee is not accompanied with the appropriate continuing education documentation, the license may not be renewed and is considered late and subject to the penalties promulgated by the board in regulation. If the renewal fee is not paid within two months after the date of notification by the department that the fee is due, the license of the person failing to pay shall be considered late and a penalty imposed as determined by regulation. After an additional sixty days a nonrenewed license must be suspended or revoked and must be reissued only by a majority vote of the Board of Podiatry Examiners and upon payment of a late fee and penalties established by the board.
HISTORY: 1962 Code Section 56-1543.13; 1952 Code Section 56-312; 1942 Code Section 5231-11; 1935 (39) 180; 1960 (51) 1717; 1981 Act No. 77 Section 4; 1982 Act No. 393, Section 8; 1996 Act No. 241, Section 7; 2017 Act No. 91 (H.3824), Section 8, eff May 19, 2017.
Effect of Amendment
2017 Act No. 91, Section 8, amended the section, adding requirements addressing the prescription and monitoring of certain controlled substances.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-150. Grounds for revocation of licenses.

The State Board of Podiatry Examiners may revoke the license to practice podiatry or chiropody of any person who, while holding such license, obtains a fee or a promise or obligation to pay a fee by fraud, or is guilty of gross negligence, ignorant or wilful malpractice in the practice of podiatry or chiropody, violation of any provisions of this chapter or any immoral or dishonorable conduct.
HISTORY: 1962 Code Section 56-1543.14; 1952 Code Section 56-313; 1942 Code Section 5231-6; 1935 (39) 180; 1960 (51) 1717.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-170. Disposition of funds; assessments, fees, and licenses to equal appropriations and allocations.

All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any other board source or activity shall be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall be credited to the General Fund of the State. All assessments, fees or licenses shall be levied in an amount sufficient to at least equal the amount appropriated in the annual General Appropriations Act for the board, plus any additional funds allocated by the Department of Administration for implementation of the State's Personnel Compensation Plan.
HISTORY: 1962 Code Section 56-1543.16; 1952 Code Section 56-315; 1942 Code Section 5231-7; 1935 (39) 180; 1960 (51) 1717; 1982 Act No. 393, Section 9.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-180. Use of license fees.

All license fees received by the board shall be used to defray the necessary expenses of maintaining the board.
HISTORY: 1962 Code Section 56-1543.17; 1952 Code Section 56-316; 1942 Code Section 5231-11; 1935 (39) 180; 1960 (51) 1717.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-190. Annual report of board.

The board shall report annually in accordance with the provisions of Chapter 73, Title 40 of the 1976 Code.
HISTORY: 1962 Code Section 56-1543.18; 1952 Code Section 56-317; 1942 Code Section 5231-9; 1935 (39) 180; 1960 (51) 1717; 1982 Act No. 393, Section 10.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-200. Acts considered prima facie evidence of practicing podiatry.

It shall be deemed prima facie evidence of the practice of podiatry or chiropody or of holding one's self out as a practitioner within the meaning of this chapter for any person to treat in any manner the human foot by medical, mechanical or surgical methods or electrical means or in any sign or advertisement to use the word "chiropodist" or "registered chiropodist" or "podiatrist," or "foot specialist" or "foot correctionist" or "foot expert" or "practapedist" or "podiatrist" or any other term or letters indicating that he is a podiatrist or chiropodist.
HISTORY: 1962 Code Section 56-1543.19; 1952 Code Section 56-318; 1942 Code Section 5231-15; 1935 (39) 180; 1960 (51) 1717.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-210. Podiatric surgeries; facilities.

(A) Surgery of the ankle and soft tissue structures governing the ankle must be performed in an accredited hospital or ambulatory surgical center. A podiatrist who performs osseous (boney) surgical procedures of the ankle and related soft tissue structures governing the ankle must be board-certified or board-qualified by the American Board of Foot and Ankle Surgery, must have graduated from a three-year residency program in podiatric medicine and reconstructive rear foot and ankle (RRA) surgery accredited by the Council on Podiatric Medical Education or its successor organization at the time of graduation, and shall satisfy all requirements for credentials as outlined by the facility. In addition to granting or denying privileges, the governing body of each hospital or ambulatory surgical center may suspend, revoke, or modify these privileges. An applicant or individual who has privileges shall comply with applicable medical staff bylaws, rules, and regulations, including the policies and procedures governing the qualifications of applicants and the scope and delineation of privileges.
(B) With respect to the practice of podiatry in health facilities throughout this State, medical staff governing documents shall include and provide for the right to pursue and practice full clinical and surgical privileges for holders of a Doctor of Podiatric Medicine (DPM) degree within the scope of his licensure. These rights and privileges only may be limited or restricted on the basis of the demonstrated competence of an individual practitioner. This competence must be determined by health facility rules, regulations, and procedures that are necessary and are applied in good faith, equally and in a nondiscriminatory manner, to all practitioners regardless of their professional degree.
(C) Nothing in this section may be construed to require a health facility to offer a specific health service not otherwise offered by it. If a health service is offered, the facility shall not discriminate among people holding Doctor of Medicine, Doctor of Osteopathy, or Doctor of Podiatric Medicine degrees who are authorized by law to provide these health services.
HISTORY: 2018 Act No. 240 (H.3622), Section 2, eff May 17, 2018.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-220. Penalties.

Any person who shall practice or attempt to practice podiatry or chiropody in this State without having complied with the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not less than ninety days, nor more than one year, or both.
HISTORY: 1962 Code Section 56-1543.21; 1952 Code Section 56-320; 1942 Code Section 5231-16; 1935 (39) 180; 1960 (51) 1717.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-230. Exemptions.

This chapter shall not apply to licensed physicians or surgeons in this State, to osteopaths licensed by the State Board of Medical Examiners, nor to surgeons of the Army, Navy, Air Force, and Public Health Service when in actual performance of their official duties.
HISTORY: 1962 Code Section 56-1543.22; 1952 Code Section 56-321; 1942 Code Section 5231-17; 1935 (39) 180; 1960 (51) 1717.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-240. Fitting and sale of shoes and arch supports.

No part of this chapter shall be deemed to prohibit the fitting or sale of shoes or arch supports, excepting those shoes or arch supports or other mechanical devices or prosthetics that involve foot casting or impressions or fabricating for the feet, except by written prescription of a duly licensed medical doctor or chiropodist.
HISTORY: 1962 Code Section 56-1543.23; 1952 Code Section 56-322; 1942 Code Section 5231-18; 1935 (39) 180; 1960 (51) 1717.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-260. Right of recipients of government aid or services to choose podiatrists.

No agency of the State, county or municipality, nor any commission or clinic, nor any board administering relief, social security, health insurance or health service under the laws of the State of South Carolina shall deny to the recipients or beneficiaries of their aid or services the freedom to choose the provider of care or service which are within the scope of practice of a duly licensed podiatrist as defined in this chapter.
HISTORY: 1962 Code Section 56-1543.25; 1971 (57) 491.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 51 - Podiatrists And Podiatry › Section 40-51-270. Board member not to serve as officer in state podiatry association.

No member of the board may serve as an officer in any state podiatry association during his tenure on the board.
HISTORY: 1982 Act No. 393, Section 11.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-20. Declaration of purpose; construction.

It is the purpose of this chapter to regulate all persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation such as lie detectors, polygraphs, deceptographs, and similar or related devices and instruments without regard to the nomenclature applied thereto. This chapter shall be liberally construed to apply to all such persons and instruments.
HISTORY: 1962 Code Section 56-1543.52; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-30. Definitions.

In this chapter, unless the context requires a different meaning:
(1) "Internship" means the study of polygraph examinations and of the administration of polygraph examinations by a trainee under the personal supervision and control of a polygraph examiner in accordance with a course of study prescribed by the South Carolina Law Enforcement Division at the commencement of internship;
(2) "Person" means any natural person, firm, association, copartnership, or corporation;
(3) "Polygraph examiner" means any person who purports to be able to detect deception or verify truth of statements through instrumentation or the use of a mechanical device;
(4) "The Division" means the South Carolina Law Enforcement Division;
(5) "Active Investigative Experience" means experience as a detective or an investigator where the act of interrogation or debriefing is practiced on a case-by-case basis.
HISTORY: 1962 Code Section 56-1543.53; 1972 (57) 2724; 1985 Act No. 99 Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-40. Minimum requirements for instruments.

Any instrument used to test or question individuals for the purpose of detecting deception or verifying truth of statements shall record visually, permanently and simultaneously: (1) the subject's cardiovascular pattern and (2) respiratory pattern. Patterns of other physiological changes in addition to (1) and (2) may also be recorded. The use of any instrument or device to detect deception or to verify truth of statements which does not meet these minimum instrumentation requirements is hereby prohibited and the operation or use of such equipment shall be subject to penalties and may be enjoined in the manner hereinafter provided.
HISTORY: 1962 Code Section 56-1543.54; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-50. Division to issue regulations and prescribe forms; disposition of fees.

(a) The Division shall issue regulations not inconsistent with the provisions of this chapter for the administration and enforcement of this chapter and shall prescribe forms which shall be issued in connection therewith.
(b) All fees collected under the provisions of this chapter shall be paid to the Treasurer of the State of South Carolina.
HISTORY: 1962 Code Section 56-1543.55; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-60. License required.

It shall be unlawful for any person, including a city, county or State employee, to administer polygraph or other examinations utilizing instrumentation for the purpose of detecting deception or verifying truth of statements or to attempt to hold himself out as a polygraph examiner or to refer to himself by any other title which would indicate or which is intended to indicate or calculated to mislead members of the public into believing that he is qualified to apply instrumentation to detect deception or to verify truth of statements without first securing a license as herein provided.
HISTORY: 1962 Code Section 56-1543.56; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-70. Qualifications of licensees.

A person is qualified to receive a license as an examiner if he:
(1) is at least twenty-one years of age;
(2) is a citizen of the United States;
(3) establishes that he is a person of honesty, truthfulness, integrity, and moral fitness;
(4) has not been convicted of a felony or a misdemeanor involving moral turpitude;
(5) holds a baccalaureate degree from a college or university accredited by the American Association of Collegiate Registrars and Admissions Officers or is a graduate of an accredited high school and has five consecutive years of active investigative experience immediately preceding his application;
(6) is a graduate of a polygraph examiners' course approved by the division and satisfactorily has completed not less than six months of internship training. However, if the applicant is not a graduate of an approved polygraph examiners' course, satisfactory completion of not less than twelve months of internship training may satisfy this item;
(7) has passed an examination conducted by the division or under its supervision to determine his competency to obtain a license to practice as an examiner;
(8) before the issuance of a license, furnishes to the division evidence of a surety bond, insurance policy, or other surety acceptable to the division. The surety bond, insurance policy, or other surety acceptable to the division must be five thousand dollars and conditioned that the obligor will pay to the extent of the face amount of the surety bond, insurance policy, or other surety acceptable to the division judgments which may be recovered against the licensee by reason of wrongful or illegal acts committed by him in the course of his examinations. To retain licensure a surety bond, insurance policy, or other surety acceptable to the division must be maintained, and a change in coverage must be reported to the division within thirty days.
HISTORY: 1962 Code Section 56-1543.57; 1972 (57) 2724; 1991 Act No. 152, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-80. Licensing of persons practicing as polygraph examiners on July 7, 1972.

On July 7, 1972, any person who is actually engaged in the occupation, business, or profession of a polygraph examiner and who is using for that purpose the instrumentation prescribed in Section 40-53-30 shall, upon application within ninety days after July 7, 1972 and payment of the required license fee, be issued a polygraph examiner's license which shall be effective no longer than one year from date of issuance, provided, however, that the Division may require such applicant to submit satisfactory proof that he is so engaged. The applicant must also satisfy the requirements of Section 40-53-70(a), (d) and (h).
HISTORY: 1962 Code Section 56-1543.58; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-90. Application for license.

Applications for original licenses shall be made to the Division in writing under oath on forms prescribed by the Division and shall be accompanied by the required fee, which is not refundable. Any such application shall require such information as in the judgment of the Division will enable it to pass on the qualifications of the applicant for a license.
HISTORY: 1962 Code Section 56-1543.59; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-100. Nonresident applicants.

(a) Each nonresident applicant for an original license or a renewal license shall file with the Division an irrevocable consent that actions against such applicant may be filed in any appropriate court of any county of this State in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process on any such action may be served on the applicant by leaving two copies thereof with the Division. Such consent shall stipulate and agree that such service shall be valid and binding for all purposes. The Division shall send one copy of the process to the applicant at the address shown on the records of the applicant by registered or certified mail.
(b) Nonresident applicants must satisfy the requirements of Section 40-51-70.
HISTORY: 1962 Code Section 56-1543.60; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-110. Licensing of person licensed under laws of another state or territory.

An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a license without examination by the Division, in its discretion, upon payment of a fee of fifty dollars and the production of satisfactory proof that:
(a) He is at least twenty-one years of age;
(b) He is a citizen of the United States;
(c) He is of good moral character;
(d) The requirements for licensing of polygraph examiner in such particular state or territory of the United States were at the date of the applicant's licensing therein substantially equivalent to the requirements now in force in this State;
(e) The applicant had lawfully engaged in the administration of polygraph examinations under the laws of such state or territory for at least two years prior to his application for license hereunder;
(f) Such other state or territory grants similar reciprocity to license holders of this State; and
(g) He has complied with Section 40-53-100.
HISTORY: 1962 Code Section 56-1543.61; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-120. Internship license.

(a) Upon approval by the Division, it shall issue an internship license to a trainee provided he applies for such license and pays the required fee within ten days prior to the commencement of his internship. The application shall contain such information as may be required by the Division.
(b) An internship license shall be valid for the term of twelve months from the date of issue. Such license may be extended or renewed for any term not to exceed six months upon good cause shown to the Division.
(c) A trainee shall not be entitled to hold an internship license after the expiration of the original twelve-month period and a six-month extension until twelve months after the date of expiration of the last internship license held by such trainee.
HISTORY: 1962 Code Section 56-1543.62; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-130. Fees.

Fees for an original polygraph examiner's license, internship license, duplicate license, and fees for renewal and extension of the licenses must be set by the Division by regulation.
HISTORY: 1962 Code Section 56-1543.63; 1972 (57) 2724; 1985 Act No. 99 Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-140. Display of license.

A license or duplicate license must be prominently displayed at the place of business of the polygraph examiner or at the place of internship. Each license shall be signed by the Chief of the Division and shall be issued under the seal of the Division.
HISTORY: 1962 Code Section 56-1543.64; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-150. Licensee required to give notice of change of business location.

Notice in writing shall be given to the Division by the licensed examiner of any change of principal business location within thirty days of the time he changes the location. A change of business location without notification to the Division shall automatically suspend the license theretofore issued.
HISTORY: 1962 Code Section 56-1543.65; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-160. Renewal of license.

A polygraph examiner's license must be issued for one year and, unless suspended or revoked, must be renewed annually as prescribed by the division upon evidence of a current surety bond, insurance policy, or other surety acceptable to the division of five thousand dollars. A polygraph examiner whose license has expired within two years after its expiration may obtain a renewal license without examination by making a renewal application and satisfying Section 40-53-70(2), (3), and (4). However, a polygraph examiner whose license expired while he was in the federal service on active duty with the armed forces of the United States, or the National Guard called into service or training, or in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed without examination if within two years after termination of service, training, or education, except under a condition other than honorable, he furnishes the division with an affidavit to the effect that he has been so engaged, and that his service, training, or education has been terminated. He also shall comply with Section 40-53-70(2), (3) and (4).
HISTORY: 1962 Code Section 56-1543.66; 1972 (57) 2724; 1991 Act No. 152, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-170. Allegation and proof of valid license required in action or counterclaim relating to agreement or service for which license is required.

No action or counterclaim shall be maintained by any person in any court in this State with respect to any agreement or service for which a license is required by this chapter without alleging and proving that such person had a valid license at the time of making such agreement or performing such services.
HISTORY: 1962 Code Section 56-1543.67; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-180. Grounds for refusal to issue, suspension, or revocation of license.

The Division may refuse to issue or may suspend or revoke a license on any one or more of the following grounds:
(a) Failing to inform a subject to be examined as to the nature of the examination;
(b) Failing to inform a subject to be examined that his participation in the examination is voluntary;
(c) Material misstatement in the application for original license or in the application for any renewal license under this chapter;
(d) Wilful disregard or violation of this chapter or of any regulation or rule issued pursuant thereto, including, but not limited to, wilfully making a false report concerning an examination for polygraph examination purposes;
(e) If the holder of any license has been adjudged guilty of the commission of a felony or misdemeanor involving moral turpitude;
(f) Making any wilful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or trainees;
(g) Having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this chapter;
(h) Allowing one's license under this chapter to be used by any unlicensed person in violation of the provisions of this chapter;
(i) Wilfully aiding or abetting another in the violation of this chapter or any regulation or rule issued pursuant thereto;
(j) Where the license holder has been adjudged as a habitual drunkard or mentally incompetent as provided for in the 1976 Code;
(k) Failing, within a reasonable time, to provide information requested by the Division as the result of a formal complaint to the Division which would indicate a violation of this chapter; or
(l) Failing to inform the subject of the results of the examination if so requested.
HISTORY: 1962 Code Section 56-1543.68; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-190. Liability of licensee for acts of other polygraph examiner or trainee.

Any unlawful act or violation of any of the provisions of this chapter on the part of any polygraph examiner or trainee shall not be cause for revocation of the license of any other polygraph examiners by whom the offending examiner or trainee may have been employed, unless it shall appear to the satisfaction of the Division that the polygraph examiner-employer has wilfully or negligently aided or abetted the illegal actions or activities of the offending polygraph examiner or trainee.
HISTORY: 1962 Code Section 56-1543.69; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-210. Notice of impending refusal to issue, suspension, or revocation of license; hearing.

(a) When there is a cause to refuse an application or to suspend or revoke the license of any polygraph examiner, the Division shall, not less than thirty days before refusal, suspension, or revocation action is taken, notify such person by certified mail at the last address supplied to the Division by such person of such impending refusal, suspension, or revocation, the reasons therefor, and of his right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the refusal, suspension, or revocation action proposed to be taken by the Division.
If within twenty days after such notice has been deposited in the United States mail such person has not made a written request to the Division for an administrative hearing, the Division is authorized to suspend or revoke the polygraph examiner's license without a hearing. Upon receipt by the Division of a written request of such person within the twenty-day period as set out above, an opportunity for an administrative hearing shall be afforded as early as is practicable. In no case shall the hearing be held less than ten days after written notification thereof, including a copy of the charges, shall have been given the person by certified mail sent to the last address supplied to the Division by the applicant or licensee. The administrative hearing in such cases shall be before the Division Chief.
(b) The Division shall conduct the administrative hearings and it is authorized to administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers and documents. On the basis of the evidence submitted at the hearing, the Division shall take whatever action it deems necessary in refusing the application or suspending or revoking the license.
HISTORY: 1962 Code Section 56-1543.71; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-220. Appeal.

Any person dissatisfied with the action of the Division in refusing his application or suspending or revoking his license or any other action of the Division may appeal by filing a petition within thirty days thereafter in the circuit court in the county where the person resides, and the court shall set the matter for hearing upon ten days' written notice to the Division. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the Division should be suspended pending hearing and enter its order accordingly. The court shall provide the attorney representing the Division with a copy of the petition and order. The Division shall be represented in such appeals by the Attorney General or his designated assistants.
HISTORY: 1962 Code Section 56-1543.72; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-230. Surrender of license upon revocation or suspension.

Upon the revocation or suspension of any license, the licensee shall forthwith surrender his license to the Division, and failure of a licensee to do so shall be a violation of this chapter and upon conviction shall subject such licensee to the penalties hereinafter set forth.
HISTORY: 1962 Code Section 56-1543.73; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-240. Injunctions.

If any person violates any provisions of this chapter, the Division may, in the name of the State of South Carolina, through the Attorney General, apply in any circuit court of competent jurisdiction for an order enjoining such violation or for an order enforcing compliance with this chapter. Upon the filing of a verified petition in the court, the court, if satisfied by affidavit or otherwise that the person has violated this chapter, may issue a temporary injunction without notice or bond enjoining such continued violation and if it is established that the person has violated or is violating this chapter, the court may enter a decree perpetually enjoining the violation or enforcing compliance with this chapter. Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this chapter.
HISTORY: 1962 Code Section 56-1543.74; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 53 - Polygraph Examiners Act › Section 40-53-250. Penalties.

Any person who violates any provision of this chapter or any person who falsely states or represents that he has been or is a polygraph examiner or trainee or that he is qualified to apply instrumentation to the detection of deception or verification of truth of statements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail for a term of not to exceed six months, or both.
HISTORY: 1962 Code Section 56-1543.75; 1972 (57) 2724.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 54 - Dealers In Precious Metals › Section 40-54-10. Definitions.

As used in this chapter:
(1) "Dealer" means any person, corporation, or partnership who buys precious metal or precious or semiprecious stones or gems from the general public, whether in bulk or in manufactured form, with an intent to obtain a monetary profit for himself or for a principal.
(2) "Precious metal" means any article made in whole or in part of gold, silver, or platinum.
(3) "Precious or semiprecious stone or gem" means any stone or gem that is rare or costly or any stone or gem that is of lower value than those classified as precious.
(4) "Local law enforcement agency" means the chief of police for businesses located within the corporate limits of a municipality and the county law enforcement agency for businesses located outside the corporate limits of a municipality.
(5) "Permanent place of business" means a fixed premises either owned by the dealer or leased by him. One year's lease is a presumption of permanency.
(6) "Places proposed to do business" means the counties or municipalities in which the dealer intends to purchase precious metals or precious or semiprecious stones or gems or both precious metals and precious or semiprecious stones or gems.
(7) "Purchase" means the acquisition, including by means of being pawned to a dealer, of precious metal or precious or semiprecious stones or gems or both precious metal and precious or semiprecious stones or gems for a consideration of cash, goods, or other precious metals or precious or semiprecious stones or gems or both precious metals and precious or semiprecious stones or gems. Trade-ins are covered by the provisions of this chapter unless the item traded was purchased directly from the dealer allowing the trade.
HISTORY: 1981 Act No. 147 Section 1; 1988 Act No. 413, Section 1; 2014 Act No. 292 (H.3149), Section 1, eff June 23, 2014.
Effect of Amendment
2014 Act No. 292, Section 1, in paragraph (7), inserted ", including by means of being pawned to a dealer,".