All Roll Calls
Yes: 233 • No: 37
Sponsored By: Sylleste H. Davis (Republican)
Signed by Governor
DHEC Restructuring
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217 provisions identified: 110 benefits, 31 costs, 76 mixed.
If you have a nonresponsible‑party cleanup deal with the environmental agency, you get an extra tax credit in your final year. The extra credit equals 10% of total cleanup costs, up to $50,000. You must file by December 31 each year with CPA‑verified costs. The agency issues a credit certificate by April 1 if you qualify and can revoke it for false claims.
To get the construction‑related tax credit, you must have a construction permit from the environmental agency, or proof you are exempt. Proof of exemption can come from the environmental agency, the Natural Resources Conservation Service, or a local Soil and Water Conservation District. Without the permit or written exemption, you cannot claim the credit.
Before filing, Certificate of Need applicants must run a 3‑day local newspaper notice within 20 days of submission, show proof, and pay the fee. After an application is complete, staff decide in 30–90 days, or by 120 days if a public hearing is requested. Appealing an approval requires a bond within five days: 5% of project cost or $100,000, up to $1,500,000. Courts must award fees and costs to the project if an appellant loses, and award delay damages for frivolous cases. The department sets a maximum capital spend, monitors costs, and must approve final plans by a SC‑licensed architect/engineer and major construction changes.
Starting May 15, 2026, the health department posts concussion guidelines and training links for school sports. It also posts a list of lifesaving medicines schools may keep and the training schools must use. Doctors, nurse practitioners, and physician assistants can prescribe stock emergency meds in a school’s name, and pharmacists can dispense them. Trained school staff may give a lifesaving drug in a good‑faith emergency under a standing order, even without a personal prescription. Schools must have allergy and emergency plans, including individualized action plans for students with life‑threatening allergies. The Public Health Director may issue schoolwide standing orders to make access faster.
Public schools in three to five high‑need counties offer free dental education, screenings, and referrals in kindergarten, 3rd, 7th, and 10th grades or at school entry. A student sent home for head lice may return after treatment and a clear nurse screening. Low‑income public school families (Medicaid or free/reduced meals) can get free lice treatment products or vouchers from county health departments.
Hospitals must give you emergency care if a hospital doctor says you need it, no matter your ability to pay or where you live. If staff recklessly deny care, the hospital can be fined up to $10,000.
Tobacco settlement funds can pay for youth smoking prevention and newborn hearing screening programs. The law also gives $5 million each year to the health department for a statewide smoking prevention and quitting program. The money and its interest stay in the fund and can be used only for that program.
Registered nurses working under a South Carolina doctor, and guided by a pharmacist, may provide and dispense public health care. Services can include vaccines, family planning, and care for TB, STDs, HIV/AIDS, maternal and child health, and children with special needs. Clinics do not have to hire their own pharmacist to use this policy.
A pediatric Emergency Medical Services and Trauma program is created inside the health department to improve emergency and trauma care for children.
DPH must focus public dental services on underserved people. Care is targeted to hospitals, nursing homes, long‑term care, rural and community clinics, schools and other public facilities, hospices, and DPH‑run mobile programs.
The health department may provide home health services where local services are not adequate. It can hire staff, buy equipment, partner with nonprofits, and charge fees for care.
Starting 2026-05-15, DSS must investigate abuse or neglect reports for children in DPH‑licensed residential treatment or intellectual‑disability care facilities, and in facilities run by Mental Health. For child care licensing, the agency may request health and fire inspections by DPH and the State Fire Marshal. Inspection reports must be shared and used in licensing decisions. After a complaint, the licensing agency must make an unannounced visit.
The health department creates a Maternal Morbidity and Mortality Review Committee and may hire an outside group to help. It must publish a statewide, non‑identifiable annual report by March 1 for the prior year. Doctors must take a blood sample at the first prenatal visit (or within three days) for tests for syphilis, rubella, Rh factor, and hemoglobin. A sworn religious objection is allowed. Labs must be approved and meet the department’s proficiency testing rules.
DPH runs the state’s vital records and keeps permanent, secure files of births, deaths, marriages, and divorces. DSS can get birth certificates by written request under a DPH–DSS agreement, without extra court papers. When paternity is legally set, the registrar issues a new birth certificate listing the father; the old record and order are sealed, and the child’s surname changes only if ordered by the court.
Property and improvements covered by a nonresponsible party voluntary cleanup contract get an ad valorem tax exemption starting in the tax year DES issues a certificate of completion. Counties may need to approve by resolution where required. The law also recognizes properties under voluntary cleanup or federal RCRA corrective action in official cleanup status lists.
The environmental department runs two accounts. One pays usual, reasonable costs to clean up petroleum leaks from underground tanks. The other pays third parties for bodily injury and property damage from accidental releases, excluding punitive damages. These funds reduce cleanup and liability risks for tank owners and operators.
DES will review and list which property qualifies as pollution‑control equipment for tax exemption. For equipment that does both production and pollution control, only the extra cost for pollution control is exempt. In greige mills, 20% of the cost of machinery and equipment is treated as air and noise pollution control property and is exempt from property taxes.
All final permits, orders, licenses, and certifications issued before July 1, 2024 by the former health and environmental agency remain in force. The law repeals certain old code sections and updates board member counts for the new agencies. It says nothing in the article reduces DES powers. These continuity and repeal changes take effect on May 15, 2026.
For major environmental crimes with expected damages of $2,000,000 or more, DES must investigate and send a signed written recommendation to the Attorney General and SLED before a state grand jury is called. An independent engineer must certify the damage estimate. A federal conviction or acquittal for the same act blocks a state grand jury.
Starting 2026-05-15, one set of contested‑case and appeal rules applies to the environmental and health departments. It does not cover Mining Act decisions. Any staff decision still pending before the former Board on June 30, 2024 becomes final on 2026-05-15, and affected parties can seek a contested‑case hearing. Anyone can appeal a health department order under these rules.
Vets, owners, and labs must report dangerous animal diseases to the State Veterinarian within 24 hours. Farmers and others must report serious disease threats in crops to Clemson’s director within 24 hours. Public health and environmental agencies are notified when people may be at risk.
It is a felony to expose others to HIV if you know you are infected and do not tell them. Covered acts include sex, prostitution, selling or donating blood or organs, forced sex, and sharing needles. Penalties are up to a $5,000 fine or up to 10 years in prison.
Local fire authorities can evacuate people near fires, gas leaks, spills, and transport incidents as resources allow. Industrial sites and hospitals with approved plans are exempt. This does not allow broad state emergency evacuations.
A 9‑member Environmental Certification Board is created. Members include water and wastewater operators, a well driller, a public member, DES and DNR representatives, and an education representative. The board oversees operator certification in state programs.
Named state agencies, such as Vital Statistics, DMV, Employment and Workforce, and Corrections, must give the State Election Commission data to maintain the voter database. Sharing is not required if federal law forbids it. Confidential data stays confidential at the Commission.
DES must move 2.5% of quarterly trust‑fund remittances into a Solid Waste Emergency Fund until it holds $1,500,000, and replenish it after use. DES reports quarterly on the Solid Waste Management Trust Fund and makes oil‑overcharge allocations with required approvals; unused oil funds after five years go back to the Governor’s Office. Independent CPAs must annually audit the Solid Waste, Waste Tire, and Petroleum funds. Counties and local governments can get grants from the Waste Tire Trust Fund for tire removal and recycling projects.
The Department of Agriculture enforces meat import rules and can seize and destroy noncompliant meat. It sets sanitation rules for restaurants and milk, except for health‑facility food not served to the public. Inspectors must refuse service to unsafe meat plants and notify Agriculture right away, and state rules align with the federal Meat Inspection Act.
State drug inspectors must visit registrants at least once every three years and file annual reports. Inspectors can use administrative warrants to check records, inventory, and samples, with limits on viewing financial and personnel data without consent. The state must match federal drug schedules within 30 days of federal changes. The department can immediately suspend a registration if there is an imminent danger.
DES sets rules to keep public water systems safe, including permits, design standards, and testing for bacteria, chemicals, and radiation. All treatment plants are classified into seven groups based on size and complexity. All distribution systems are classified into five groups. These steps set clear operator and oversight rules to protect drinking water.
DES runs grants for water and sewer projects using state funds and gifts. A seven‑member advisory committee helps select projects, and a Water Resources Coordinating Council sets priorities. Local governments must cover at least 50% of project costs, though state financing for the match is possible and emergencies are considered. Applications must meet rules that follow federal practice, be filed with the Secretary of State, and show at least 67% contracted users. Contracts are filed with DES, and DES can name another agency to administer a project by agreement. Projects that started construction before April 1, 1974, do not qualify.
The Department of Environmental Services (DES) can issue emergency orders right away when a public water system poses an immediate health risk. Water systems must give public notice in newspapers and on bills if they break drinking water rules, fail monitoring, or get a variance or exemption. A Safe Drinking Water Advisory Committee reviews fees and trust fund use each year. DES sets and enforces standards for private well construction and offers training to drillers, and it designates who enforces rules near city limits. DES also makes and enforces rules on sewage disposal, pools, seafood sanitation, and water classification to protect public health.
The health department may inspect any facility to see if it needs a state license. This helps find unlicensed operations and check compliance with licensing rules.
The health department may deliver diabetes self‑management education in rural areas that lack certified providers. Starting May 15, 2026, a new board under the Area Health Education Consortium manages Rural Physician Program funds, with MUSC handling the money. Doctors hired by listed state agencies, including DPH, do not need an extra exam, but that license works only while in that job. EMS personnel now clearly include DPH‑certified responders and approved medical first responders.
A Trauma Care Fund pays DPH costs to run the State Trauma Care System. After operations, DPH may give money to in‑state providers by formula and award grants for trauma research, injury prevention, education, and planning. A separate Public Health Fund holds DPH proceeds and may be used only for basic public health services, as appropriated in the state budget.
State law now controls rules for agricultural facilities and operations. Counties cannot add different rules unless they match state rules. New swine and new slaughterhouse operations are exceptions, and negligent or illegal operations are not protected. State setback distances are the minimum, and DES cannot add more. Neighbors may sign written agreements to reduce setbacks or waive evergreen buffers.
The state can lease oil, gas, and other mineral rights on public lands and waters, with some leases needing Attorney General approval. Phosphate deposits in streams and marshes stay under DES’s exclusive control. Any money from offshore oil leases goes into a special fund and can be spent only to pay state bonded debt or for capital projects if the legislature approves.
DES can lease geothermal development rights under state lands. DES must set rules for how leases are acquired and run. DNR is the exclusive agent to pick lands and manage bidding and leases.
For county fee program deals, the normal minimum investment is $2,500,000, but it drops to $1,000,000 in counties with unemployment at least twice the state average. For county industrial inducements, the normal minimum is $45,000,000, but it drops to $1,000,000 in those high‑unemployment counties. DES must name reduced‑investment counties by December 31 for deals signed the next calendar year. If DES certifies completion, at least $1,000,000 spent by a nonresponsible party on a Brownfields cleanup counts and meets the minimum investment.
If an inspection finds your dam or reservoir unsafe, you can request a hearing within 30 days. The Department can fine you $100 to $1,000 per violation. You can appeal fines to the Administrative Law Court. Some emergency actions limit appeals.
DPH cannot contract with providers to give HPV shots if those providers perform abortions. The HPV vaccine program and brochures run only when state or federal funds are appropriated to fully cover costs.
DPH has exclusive control of methadone. Use is limited to DPH‑approved treatment programs, hospitals for approved reasons, and pharmacies for pain as allowed by rule. Suppliers may only sell methadone as the law permits.
Cities can set sewer charges, require connections, assess front‑foot fees, and place liens for unpaid bills. A mobile home may be deemed derelict if it is not connected to a wastewater system approved by DES.
The rules cover all homes and buildings on watersheds that supply public surface water. Owners and managers must keep any privy sanitary and post the department’s rules inside. Inspectors may enter to check compliance and can post “Unsanitary, Unlawful To Use” notices. Blocking inspectors is a misdemeanor punishable by up to a $100 fine or 30 days. Employers who house workers must provide working sewage closets. Systems installed before June 3, 1951, are mostly exempt but must still be maintained.
DES must approve each septic installation, and tanks must use department‑approved materials. New systems need at least 100 feet of distribution pipe. In some counties, tanks must be at least 500 gallons and meet size and detention‑time rules. Tanks of 1,000 gallons or more need plan approval, a second compartment, and a dosing chamber when required. In counties with a city over 70,000 people, DES regulates construction, installation, and use, and issues certificates. Violations can bring fines of $25 to $100 for each day the problem continues.
For violations, the department may fine a milk distributor or store $50 to $5,000 instead of suspending the license. The fines are paid to the State Treasurer.
If your boardinghouse, cafe, restaurant, hotel, or other public eating place uses a septic tank, you must install a grease trap on the kitchen waste line. The trap must provide at least a 30‑minute detention period.
Infectious waste treatment facilities must file monthly reports by the 10th with weights, origins, and fee payment. Late filing or payment triggers a 25% penalty. DES may revoke a permit for nonpayment and can reinstate it after payment. DES may reduce or waive penalties for reasonable cause.
Wholesale seafood businesses must get a dealer license for each fixed location ($100 resident, $500 nonresident). If you receive molluscan shellfish, you also need a molluscan license ($10 resident, $50 nonresident) and required DES training. Shellfish growers must file a sworn statement showing they are licensed and use a DES‑approved facility, or that a licensed dealer will handle all sales. Individual harvest permits now require commercial fishing licenses and DES shellfish training. Out‑of‑season mariculture harvests need a DES‑compliant operations plan and trained, authorized harvesters.
DES can claim on a licensee’s bond to fix damage it finds the licensee caused, but only for actual damages. Alligator farms must follow DES water‑quality and waste rules for their operations.
The health department may deny, suspend, or revoke controlled‑substance registrations for falsified applications, drug convictions, loss of federal registration, or failing to meet standards. Class 20–28 registrations expire October 1; others expire April 1. Late renewals require all fees plus a $100 penalty and a satisfactory explanation. Practitioners who dispense narcotics for maintenance or detox need a separate annual registration and must meet security and record rules. Narcotic treatment programs are DPH‑licensed clinics that dispense methadone or similar medicines.
Clemson and DES run a training and certification program for owners and operators of covered animal facilities. Operators and waste‑area managers must be trained and certified. DES must also issue separate rules just for confined swine feeding operations.
Every general hospital must pay a provider tax based on its share of statewide hospital spending. The Department of Revenue uses data from the health department and the Revenue and Fiscal Affairs Office to set each hospital’s assessment.
You may moor to a buoy only if DES has permitted it and the buoy owner says yes. Breaking shellfish rules can get your gear seized on the first offense and taken on later ones. A second offense brings a $200–$500 fine or 30–60 days in jail; a third or later offense brings a $500–$1,000 fine or 60–90 days in jail. Auction and fine money is split: one‑third stays with the county; two‑thirds goes to DES (half for shellfish enforcement and half to the state general fund).
DES can buy or condemn land to secure rights‑of‑way and spoil areas for the Intracoastal Waterway and for the inland waterway from Little River to Winyah Bay. Your land may be surveyed and, if taken, you get compensation. Oyster leaseholders can be reimbursed for direct losses. Damage rulings can be appealed first to an administrative law judge and then to the court of common pleas.
The health department can set and change charges for care at its health centers. Charges must be reasonable and based on total costs. The department may check who can pay, accept less than full cost to protect a person or dependents, and may not deny available public‑health services only because someone cannot pay. Services the department decides are needed to protect public health are not charged.
Home health agencies must be licensed by the health department; licenses last 12 months, are not transferable, and subunits need separate licenses. The department may partner, sell, or transfer home health licenses to keep high‑quality care, indigent care, worker jobs, and service access. It may handle transfers without a Certificate of Need and outside the Procurement Code; a sale of the entity still follows the Procurement Code. The department can issue, deny, suspend, or revoke hospice licenses, and providers can appeal decisions under Section 44‑1‑60.
When a nursing home leaves Medicaid, DPH and DHHS may move Medicaid patient days to another participating home that agrees to take the residents. The permit day stays with the receiving home. The state works to restore a county’s allocation when a permit‑holding home closes. A receiving home cannot be a Special Focus Facility at the time it gets days.
Certified EMTs trained for advanced life support may carry and give approved drugs, including controlled substances, under a physician’s order. After a possible bloodborne exposure, a health professional may require testing; results go to the provider and DPH, and workers receive results and counseling. Authorized entities may stock epinephrine auto‑injectors if they name trained staff and store them for quick access. People who perform these acts must complete anaphylaxis training and repeat it every two years. In hospitals, all clinical staff and trainees must wear name and role badges.
The health department defines and licenses community residential care facilities, habilitation centers, and nursing homes. A nursing home must be DPH‑licensed and certified for Medicaid or Medicare to participate in those programs. Operators that provide nursing or medical care must meet DPH standards. On request, nursing facilities must give ongoing item‑by‑item bills; contracted state or federal amounts need not be itemized, but any extra charges must be.
The health department runs a program to track prescribing and dispensing of Schedule II, III, and IV controlled drugs. Licensed prescribers and dispensers must report. The program aims to improve safety and reduce misuse, which can also make some prescriptions harder to obtain.
You may ask the coastal office to review a baseline or setback line within one year, by certified mail, for a $100 fee per property. After the final agency decision, you have 30 days to request a hearing in the Administrative Law Court. The Division can add tailored conditions when granting special coastal permits. If a master deed includes submerged land, it must state DES jurisdiction and that each owner is liable up to their ownership share for damage or improper uses.
Local sewer districts can set and collect sewer charges and require properties to connect where service is available. They can place unpaid charges as a lien on the property. If a new lateral is built next to your lot, the commission may assess your share by frontage or per parcel. You can spread payments over up to 20 years with your county taxes. For homes, the assessment base is capped at 250 feet of frontage.
Underground storage tank owners can get cleanup money only if the tank was in substantial compliance when the leak was found and reported. Leaks reported before July 1, 1994 are excepted. You must file a written application, show tanks were registered and fees paid, and submit a joint certification with a SC‑licensed geologist or engineer plus geotechnical data. If denied, the agency gives written reasons and you can appeal to the Administrative Law Court.
For permits with fees, the agency must set rules for complete applications and maximum review times. If it misses the deadline, it refunds your permit processing fee. You can also challenge environmental fund fees and get a refund with interest if they were wrong. A voluntary fast‑track review is available for selected projects, paid for by extra fees.
Starting May 15, 2026, permitted breweries may sell beer for on‑site drinking and can apply to sell beer and wine bought through a wholesaler. With an approved food license and a separate meal area, a brewery may apply to sell liquor by the drink. Brewpubs need Department of Agriculture approval to sell draft beer. Restaurants with Class A or B licenses may serve at adjoining outdoor areas if food is prepared in an inspected kitchen and plated inside. A place that mainly serves meals must keep a Grade A food permit or face license suspension after 30 days. Small B&Bs that only offer limited food service follow the B&B statute instead of broader DPH food rules.
You must get a permit from the environmental department to build dams or impound streams for hydropower, unless exempt (for example, projects that inundate 60 acres or less). One‑time permit fees are $500 for commercial or industrial projects, $100 for certain aerial crossings, and $50 for noncommercial projects. Irrigation systems that inject fertilizer or chemicals must have antisyphon protection; violations can cost up to $500 per day. If you have a Corps reservoir storage contract, you have exclusive return‑flow rights, subject to department rules and available storage.
The health department may deny a Certificate of Need (facility approval) even if a project follows the state health plan, based on review criteria and rules. A certificate covers only the approved location, beds, services, facility details, and costs, and projects must meet the timetable. A certificate is valid one year; up to two 9‑month extensions are allowed for substantial progress, and the director may allow more 9‑month extensions with proof of progress. Certificates cannot be transferred; a change in control voids the certificate. Appeal relief: when a specific section applies and no competing application is involved, no bond is required for a Supreme Court appeal. Birthing center appeals go through the health department using the standard Section 44‑1‑60 process.
When groundwater is overused, DES can, after notice and a hearing, set a capacity use area. DES works with local leaders and users on a management plan, or creates one if needed. After the plan is approved, withdrawers must get permits. You can appeal the designation in court within 30 days.
You may not discharge septic tank effluent into streams unless the Department of Environmental Services (DES) approves it. DES sets safe‑yield levels for rivers, can pick or site flow‑measuring devices, and can require you to cut withdrawals when flows drop. DES may approve alternative or point‑of‑entry treated water if it protects health like state drinking water rules. Private water or sewer utilities must hold all required DES and Public Service Commission permits and licenses.
During a declared public health emergency, the Department of Public Health can close places, order evacuations, and decontaminate hazards. It can take control of human remains that are unsafe to handle and may require quick burial or cremation for infectious deaths. The department must work to stop disease spread and ensure cases get proper care. It can offer exams, tests, vaccines, and treatments, and can isolate or quarantine people who refuse if they pose a danger. Only qualified people may perform tests or treatments that are not likely to cause serious harm. The law also clarifies who counts as a provider or facility and which court handles isolation and quarantine orders.
DES regulates most radiation sources, sets annual licensing and registration fees, and runs a fund for long‑term custodial care. DES must adopt transport rules that include signs, packing, handling, route notices, and at least 72 hours’ written notice before shipments; yearly permit fees apply. DES can adjust a disposal license fee to offset budget shifts tied to the number of permittees. If a low‑level waste site’s receipts cannot cover costs, the operator may be directed to propose pausing waste acceptance, subject to DES safety approval. After closure, the Office keeps custody of the Barnwell site and DES continues monitoring.
County boards must get Department of Public Health approval before building, expanding, or financing hospitals. Bond petitions must state the department’s action, and people have 20 days to challenge approvals in court. In Certificate of Need cases, discovery is limited: up to 5 witnesses per party; depositions only of listed witnesses plus one 30(b)(6); 10 interrogatories; 10 requests for admission; 15 requests for production; all finished within 120 days. The DPH Health Facilities Construction Director approves healthcare facility construction reviews.
Public health officers, police, and certain animal‑welfare officers can destroy abandoned, badly injured, or diseased animals that are beyond recovery. Animal shelters and animal control agencies can obtain euthanasia and tranquilizer drugs if they get federal and state controlled‑substance registrations, keep full records, and allow inspections. It is illegal to possess, transport, or introduce diseased wildlife that may pose a health or safety hazard as determined by the public health agency.
The health department now leads audits of controlled‑substance inventories. Its drug inspectors have statewide police powers to carry firearms, serve warrants, seize property, and make arrests. The Commissioner of Agriculture and state agriculture inspectors help enforce food and drug rules. Manufacturers can apply to DEA and the health department for exemptions if their products are formulated to prevent conversion into methamphetamine.
If DES revokes a radioactive materials license, the linked pharmacy permit is void at once and must be returned in 10 days. Central fill pharmacies that dispense controlled substances must register with the health department’s drug control bureau and follow state and federal rules. The health department runs a state process for new drugs; an application takes effect after 180 days unless refused, and unsafe or misleading products can be refused, suspended, or revoked after notice and a hearing. The Director can embargo suspected adulterated or misbranded items for up to 15 days and may issue warnings for minor violations. Agencies may rely on health‑department inspection results, and the state will promote drug take‑back programs with pharmacies and law enforcement.
Rates for systems built or financed under this revenue‑bond chapter are not regulated by state boards or agencies. Borrowers under the chapter do not need a state franchise or permit to build or operate those projects. DES powers stay the same. A nonprofit water company serving at least 20,000 people, as shown in DES’s latest sanitary survey, may convert to a public service district.
Starting May 15, 2026, schools, districts, the health department, the state education department, and their staff, volunteers, and agents are not liable for injuries from giving or self‑giving lifesaving medicine under this section. This immunity applies even without a parent’s or doctor’s prior authorization.
During a declared public health emergency, the health department can require in‑state licensed providers to help with vaccines, testing, or treatment. It may also appoint volunteer health workers, including out‑of‑state providers, and temporary assistant medical examiners or coroners. Appointments end when the emergency ends and can be ended sooner if safe. Appointed providers and examiners get civil lawsuit immunity for their emergency work unless they act with reckless disregard, and only if they are not paid beyond what the law allows.
Clinicians and labs must report sexually transmitted disease (STD) cases as the health department directs. Health officers can examine, require publicly funded treatment, notify partners, and isolate infected or suspected persons; HIV contacts are notified without naming the infected person. People in prisons may be examined and treated, and some with STDs can be isolated at public expense until safe. If the department seeks isolation, a court hearing is required, the person gets a lawyer, can see documents, and any order can last up to 90 days.
Doctors must report known or suspected contagious diseases to the county health department within 24 hours. Pharmacists must report unusual spikes in prescriptions that could signal an attack or outbreak, and data holders must report terrorism‑ or epidemic‑related illnesses the state lists. Labs must report positive tests on time, submit samples when required, and can be fined up to $1,000 for a first offense and up to $5,000 for later offenses. Those transporting remains known to be infected must notify the transporter, and the health department can restrict transport for listed dangerous diseases.
The Department of Public Health now runs EMS and sets ambulance and trauma system standards. Ambulances need a DPH permit (valid up to two years) and must meet design, equipment, staffing, and sanitation rules. Providers must show they meet standards to get licensed. Interfering with a DPH/EMS agent is a misdemeanor with a $500–$5,000 fine and 10–180 days in jail per offense. EMS pediatric data can be shared with state offices, hospitals, and approved researchers, but researchers cannot get identifying details without consent.
During a declared public health emergency, DPH can require health facilities to provide services or allow use of their buildings when needed. If supplies run short, DPH can buy, ration, and control medical items and set price limits, giving priority to health workers, responders, and mortuary staff. DPH can collect and test specimens only with consent, and must follow strict chain‑of‑custody rules. Your health records from DPH programs stay private, with limited exceptions listed in the law. Licensing officials can also waive licensure and fees to let out‑of‑state providers practice here during the emergency.
Doctors and labs must report tuberculosis to the health department within 24 hours. The department can order removal, detention, treatment, or isolation for TB, with emergency detention up to 30 days and fast court review. Courts may waive notice if a person is hiding or evading service. A new advisory committee guides TB and respiratory disease policy.
The health department must write and enforce rules for licensing and safe operation of health facilities. Hospitals must keep one organized medical staff, limit staff membership to certain licensed doctors, dentists, and podiatrists, and follow co‑admission rules. If hospital staff break the law, the department can fine the hospital up to $10,000 per violation. A Residential Care Committee and a Renal Dialysis Advisory Council advise on licensing and inspections.
School boards may limit student and staff attendance to stop disease spread if based on sound medical evidence and board procedures. Boards acting in good faith are immune from damages. They still must provide required educational services. Before lifting limits, a board may require a doctor’s note.
DES assigns treatment and distribution groups for water and wastewater systems. Water treatment operators must hold licenses that match Groups I–VI (I=Class E, II=Class D, III=Class C, IV=Class C, V=Class B, VI=Class A). Water distribution operators must match Groups I–V (Group I needs no certified operator; II–V require Classes D, C, B, A). Wastewater operators must hold the class the board sets by rule for each DES group.
DES now runs mining permits, inspections, bonds, and reclamation reviews. Landfill methane drilling permits can require a bond or insurance naming the State and must fit landfill rules. DES also takes over minerals on public lands and geothermal regulation. For oil and gas on state lands, the State Fiscal Accountability Authority is the leasing authority and DES is the exclusive agent to pick lands, run bidding, and manage leases.
DES fees under this article cannot replace general‑fund support and are capped at 33 1/3% of DES’s total annual appropriations. Coal ash must go to a DES‑standard landfill owned or run by the electricity producer; reuse must follow DES rules. Two DES experts join the Interstate Mining Compact Commission and must receive its bylaws. Facilities that moved from NC rules to SC rules get up to five years to meet any stricter SC standards, with possible extensions that do not threaten health or the environment.
State oil and gas leases must pay at least a 12.5% royalty on production. This increases payments to the state and raises costs for lessees.
If a seasonal agricultural worker who does not return to a home each night dies, the death must be reported to the county health office. The state may pay up to $350 for burial and up to $200 for transport. The state may seek repayment from Social Security or the person’s estate.
DPH prints and distributes one standard marriage license and certificate form for all probate courts. Hospitals help parents complete voluntary paternity acknowledgments with notarized signatures and required IDs soon after birth. By May 15, 2026, courts and DPH provide petition forms and guides to domesticate foreign adoptions at clerk offices and DPH offices.
Insurers cannot deny benefits just because you applied for, received, or had services paid by the health department. The Department of Public Health is added as an authorized agency for insurance fraud investigations.
Before selling medical records, a doctor must publish a notice in a local paper three times in the 90 days before the sale. The notice must tell patients they can remove their records if they do not want them sold.
If someone in a methadone program dies while enrolled, an autopsy must be done and reported to DPH. Programs must tell each person at admission that this autopsy is required.
The health department must set clear rules so emergency responders can identify and follow ‘do not resuscitate’ orders during emergencies.
DPH defines the blood lead level that counts as lead poisoning. This level sets when public health action and follow‑up are required for children.
After conviction, if a victim or guardian asks and earlier testing was not done, the court must order the offender to undergo Hepatitis B and HIV tests. The health department receives results, counsels the offender, and counsels the victim. At the victim’s request, the department will test the victim and provide post‑testing counseling and referrals.
DPH or detention facility medical staff must give HIV and Hepatitis B tests to offenders. The solicitor must tell the victim (or guardian), the victim’s lawyer, the offender (and a juvenile’s parent or guardian), and the offender’s lawyer the results. Notices must include a clear medical‑accuracy statement about the tests.
Patients scheduled for exposure‑prone procedures are encouraged to know and share their HIV and hepatitis B status so providers can take proper precautions. If you test for HIV anonymously and the result is positive, the lab or you must report the result to DPH without any identifying information and certify that counseling and referrals were offered.
Hospitals and health facilities licensed under Title 44 must follow sign‑language interpreter rules for patients who are deaf or hard of hearing. People receiving healthcare from the health department are now counted like Medicaid, Medicare, and free‑clinic patients for the same protections.
DPH runs a therapeutic research program to distribute marijuana to certified cancer chemotherapy or radiology patients and certified glaucoma patients. The goal is to reduce nausea, discomfort, and other painful side effects. You must be certified under the law to receive it.
The law broadens what counts as a treatment facility for chemical dependency. It includes places licensed or approved by the health department and certain divisions approved by the Department of Mental Health.
The health department helps veterans with Agent Orange concerns. It refers veterans to state and federal resources, assists with compensation claims, and shares exposure concerns with the right officials.
Public‑health dental hygienists can provide screenings, cleanings, fluoride, and sealants under the State Dental Coordinator’s direction. A dentist or director does not have to be on site for these services. Trained dental assistants may do DPH‑approved oral screenings and assist with care in schools and public settings. When a dentist bills for a hygienist’s work in a DPH setting, the dentist is the provider and is responsible for the patient’s care.
The health department may offer the HPV vaccine series to adolescent students, including seventh graders. Students do not need this vaccine to enroll in school. A parent or guardian must consent before the department vaccinates a child, except as allowed by law.
Vaccinations given under this law must be reported to the South Carolina Immunization Registry. Providers follow health department rules for reporting. There is no phase‑in; reporting applies immediately under DPH regulations.
The Public Health Director can, by regulation, remove state prescription rules for certain drugs if those rules are not needed to protect public health. This can include drugs the federal government already moved to over‑the‑counter status.
The state creates the South Carolina Birth Defects Program to study, prevent, and reduce birth defects and to assist affected families. A Birth Defects Advisory Council with at least thirteen members advises the program.
For minor tobacco offenses, a court may require a DPH‑approved cessation class, a state tobacco‑prevention program, or up to five hours of community service for a charity instead of a civil fine.
The health department may offer a voluntary sickle cell education and prevention program, including testing for reproductive‑age residents, counseling for carriers, referrals for care, and public education. It must also keep a voluntary registry for residents with sickle cell disease so clinicians can confirm diagnoses and improve care.
A six‑member state board now examines and registers environmental sanitarians. Members serve four‑year terms and can be removed for cause. The board can test applicants, investigate complaints, and set rules.
The health department sets sterilization, sanitation, and safety rules for body piercing. Rules cover sterile conditions and safe disposal of instruments. Standards can be updated to prevent the spread of disease.
In Certificate of Need contested cases, the Administrative Law Court must issue a final decision within 12 months after the case is filed with the court clerk. Parties may still appeal the final decision to the Supreme Court.
Home-based food businesses can sell directly, online, by mail, and to retail stores. Stores that sell these items must post a sign saying the food is not under commercial food rules. Very small sellers with under $1,500 in yearly net earnings are exempt from the home-based food rules.
This article does not apply to sawmills, temporary manufacturing operations, or firms under court order or in receivership. Those businesses are exempt from these requirements.
Within 90 days after the office is created, a permit facilitator and three agencies must make one application form. New aquaculture businesses can use this single form for needed permits, licenses, and certifications.
If your city or county has no rule, the state’s home‑based food rules apply. This gives a clear default for selling food you make at home.
This law also improves water and land protections. It adds aquatic plant management planning, requires monitoring of the striped bass fishery in the Wateree‑Santee system, and lets trained staff use tranquilizers for wildlife under strict controls. It authorizes pesticide incident reporting and creates an expert advisory panel.
South Carolina creates an Aquatic Plant Management Program to prevent and manage plant problems in public waters. DES runs the program. A 10‑member council coordinates agencies, sets policy, and approves plans.
Flood‑risk reports must use the state’s South Carolina Watershed Atlas so the eight watershed areas match across agencies. The statewide drought committee includes Emergency Management, DES, Agriculture, Forestry, and Natural Resources to improve planning and response.
In Public Service Commission cases on radioactive waste, the State, regulatory staff, and Attorney General are parties. DES joins when needed to define operator duties under its rules and license conditions. The Governor appoints two commissioners and up to two alternates to the Atlantic Compact Commission, and state technical reps may join meetings. Site operators can ask the PSC to keep submitted records confidential under PSC rules.
Hearing‑aid registrants can appeal final department orders under the state’s appeal law. The rule clarifies that timely requests for contested case hearings apply to decisions by departments run by a state board or commission. Appeals of certain civil penalties go to the court of common pleas in the county where the political subdivision is located.
DES may write and enforce rules for the diesel idling program. This lets the department set standards and take action to reduce harmful emissions from unnecessary idling.
The Department of Environmental Services (DES) now runs key solid‑waste programs. DES can order cleanups and issue civil penalties up to $10,000 per day for each day a violation continues. It is illegal to ignore DES solid‑waste rules, permits, or orders. After agency steps are finished, you can appeal a civil penalty through the set appeals process.
When the state collects an idling fine, $50 goes to the Diesel Idling Reduction Fund and $25 goes to State Transport Police. Transfers must happen within 45 days. The police account and the fund both carry forward each year. Money in the fund pays only for DES’s idling awareness program.
DES has a restricted Environmental Emergency Fund paid by department fines and penalties until it reaches $250,000. The director must certify a real emergency before spending. The department publishes an annual accounting. Interest goes to the state’s general fund, and recovered costs return to the fund within its cap.
State agencies must work together quickly when oil spills happen. If Natural Resources sees a spill, it must alert DES, the U.S. Coast Guard, and the EPA right away. DES can require fast containment and cleanup, and can request staff and equipment from other state agencies. Spill operators still must report as required by law.
Police order breath tests for flight crew suspected of flying under the influence. A SLED‑certified person gives the test using SLED‑approved methods, and the health department must help. The drivers’ medical advisory board has 13 members, with one DPH staff member as the administrative officer; members are unpaid and most names stay confidential. The DPH or DES Director can name vehicles as emergency vehicles during official duties. Buses with passengers and DES‑permitted hazardous‑waste vehicles must stop 15–50 feet from tracks, look and listen, then cross in gear without shifting.
The Director can require reports of major pesticide accidents or incidents. A new pesticide advisory committee, with experts, industry, agency members, and two citizens, will advise on use, health, environment, laws, and programs.
The Director of Public Health becomes a nonvoting member of the Joint Citizens and Legislative Committee on Children. DPH or its director is also added to other child‑focused advisory groups, in some cases as a nonvoting member. People the Governor appoints to the children’s committee cannot be state employees. These changes start on 2026-05-15.
Outdoor toilets at campgrounds or parks used only for religious purposes are exempt from rules that would force removal or closure as of the law’s effective date.
DPH‑licensed residential treatment centers for people under 21 now count as residences for sex‑offender placement rules. SLED must keep the job of investigating criminal reports of abuse, neglect, or exploitation of vulnerable adults and cannot delegate it to the facilities under review.
If the State Human Affairs Commission finds unlawful discrimination, it must help with corrective action. For health facilities, it must send its report to the health department director. For medical practitioners, it must send a copy to the labor and licensing director.
DES and DNR must monitor striped bass in the Wateree‑Santee river system using money from the General Appropriations Act. Both agencies share oversight of any permit‑related studies.
Controlled substances can only be given for a real medical purpose in a true practitioner‑patient relationship. A practitioner cannot give a Schedule II narcotic to maintain addiction unless it is inside a DPH‑approved program. Practitioners can report violations to DPH, the Attorney General, the medical board, their employer, or a state agency that protects healthcare rights of conscience.
The WIC program is now a voter registration agency. WIC sites must offer voter registration services to clients.
The department can obtain and use certain Schedule III and IV drugs to capture or immobilize wildlife. It must register with DEA and the state. Only trained, certified staff may use the drugs, and records are subject to inspection.
All fines from the body piercing rules go to a separate account for the health department. The money can only be used to carry out and enforce those rules.
The health department can set drug tests when federal or compendium tests are missing or not enough. It can investigate drug adulteration and hire inspectors and chemists. It must list and certify harmless coal‑tar colors used in drugs. It also sets rules for how prescriptions are filed.
Sixteen percent of the listed court fees goes to DPH for Emergency Medical Services aid to counties. This is a restricted allocation to support local EMS.
The agency cannot ban boating, swimming, fishing, or skiing on a reservoir unless it finds and publishes that the activity harms public health. It must publish those findings once a week for six weeks. A citizen can request a formal hearing within 30 days, and the decision can be appealed. Water systems with fully owned and protected watersheds are exempt.
Fees collected under public‑health laws go to the State Treasury but are used by the local health unit that provided the service. DPH files an annual report of receipts and spending with state fiscal offices.
A new referral unit takes reports of abuse, neglect, or exploitation of vulnerable adults in certain state‑run or contracted facilities. It must run a free phone line 24/7.
At least 30 days before starting talks on a home health contract or public‑private partnership, the health department must publish a local newspaper notice. The notice must run for at least three straight days in the area where services would be provided.
Appointments to the Opioid Recovery Fund Board are adjusted, and members must represent all public health regions. The State Department of Mental Health is the state authority for key federal mental‑health funds and standards. A named department manages federal funds for intellectual disability, head injury, and spinal cord injury programs, excluding duties assigned to DPH and Vocational Rehabilitation.
Members of DPH‑appointed committees that review medical records have immunity from money damages if they act without malice and use only nonidentifying data. Reporting required accidents or incidents does not waive legal confidentiality. When DPH fines or denies a license, it must send a certified notice with reasons, and the facility can request a contested case hearing and court review.
DPH joins the Data Oversight Council, and registries must use standard data formats. Hospitals do not have to submit data to a registry that fails to coordinate, except for vital records and required disease reports. The law defines DPH as the responsible agency in certain Medicaid sections and lists which facilities must be licensed. DPH creates a hospital infections advisory committee and adds the DPH Director to diabetes and Agent Orange advisory groups.
The health department must run a Youth Smoking Prevention Plan to reduce smoking by minors. It also must give counties and contractors training and technical help for teen pregnancy prevention and share local health assessment data when available. These steps support local programs that help teens.
STDs listed as reportable by DPH are declared dangerous to public health. It is illegal for someone who knows they have one of these STDs to knowingly expose another person.
If the public health director approves a mass immunization that follows good practice, agency staff, volunteer doctors, and licensed nurses are not liable for vaccine reactions. This does not cover gross negligence. Drug makers still face product liability.
Mammograms must use radiology equipment approved by the Department of Environmental Services. The law also sets minimum times between mammograms to help standardize quality and safety.
The State creates an Osteoporosis Education Fund run by the health department to support awareness, prevention, and treatment. The law does not state how much money goes into the fund.
A 14‑member health planning committee advises the health department. The department must prepare a South Carolina Health Plan that lists current facilities and services, projects future need, and sets review standards. The plan is reviewed at least every two years with public hearings before adoption. During Certificate of Need reviews, staff can reorder criteria only once, and the department may run a program to guide construction of needed health facilities.
After a Certificate of Need is filed, state and federal elected officials cannot talk with the health department about the case. They may send written support or opposition, which must be part of the record.
The Opioid Recovery Fund Board is treated as research personnel. The health department must sign a written agreement to share prescription data with needed redactions. This helps evaluate and plan opioid response programs.
Public health joins the state anti‑trafficking plan, the Domestic Violence Advisory Committee, and the First Responders Advisory Committee. A DPH claims representative may represent the agency on Agent Orange and Hepatitis C groups. The DPH director (nonvoting) joins the long‑term care administrators board. DPH also gets a seat on the vaccines committee, and the director joins the head and spinal injury council. Vaccine committee members receive no pay or mileage.
The Department of Public Health can direct and supervise local boards of health in cities, towns, and townships. Municipal health boards must follow state rules, and state rules control when there is a conflict. Chester, Lancaster, and York county health leaders now report through the district medical director to the state director. Local boards must provide reports to the state when asked.
Doctors with limited or special volunteer licenses can apply to DPH for individual controlled‑substance registration. Some exam and fee waivers apply when they serve in certain state roles and treat only needy and indigent patients.
Coastal managers can test pilot projects that use new erosion‑control methods on beaches and dunes. If a pilot works, they can keep it at the site and allow it at other locations.
When DPH sets priorities and funding for programs that affect a child’s first years, it must support the First Steps to School Readiness initiative as appropriate at the state and local levels.
Beginning May 15, 2026, the state creates the Environmental Scholars Endowment Fund. It is funded by environmental fines under several pollution and waste laws. Required county shares of some fines do not enter the fund.
If county fair leaders apply and guarantee expenses, Agriculture, Public Health, and Environmental Services must send exhibits and staff. This brings state displays to local fairs at county expense.
Each year, 0.25% of insurance premium tax receipts goes to regional EMS councils. The money funds grants for EMT and paramedic training.
Fees for copies of medical records allowed by law adjust each year with inflation. The state uses the South Region CPI‑U. The Department of Public Health calculates the change. Each increase takes effect every July 1.
The State pays for Hepatitis B and HIV tests for offenders. If the offender is later convicted or adjudicated delinquent, the offender or the parents must repay the State for the test cost, unless they are found indigent.
Only a permitted pharmacy with a registered pharmacist or assistant may sell syringes and needles at retail. Veterinary medicine sellers may sell them only if they register each year with the health department, pay any fee, and follow the law.
You must empty your houseboat holding tank using a pump‑out system permitted by DES. This adds a compliance step and may raise your service costs.
All EMT course instructors must be certified by the health department. All EMT courses must be supervised by certified instructors.
You cannot be hired to work in a school, kindergarten, nursery, or day care until you are checked for tuberculosis. A doctor must certify on the state form that you do not have active TB. Yearly rechecks are only required if the health department’s guidelines say so.
The law adds an environmental fee of $0.005 per gallon of fuel. Sellers remit the fee, and some cost can show up at the pump. Money supports underground storage tank and environmental programs. Your extra yearly cost equals your annual gallons times $0.005.
You pay a $2.00 fee on every new tire. Sellers send in the fees monthly and may keep 3% for collection costs. The State Treasurer sends $1.50 per tire to counties for tire programs. The rest funds state tire recycling grants. Lawmakers review this fee every five years.
Tobacco retailers and vending operators must post a sign with the toll‑free quitline number picked by the health department. Letters and numbers on the sign must be at least one‑half inch tall.
People who test or service backflow devices must complete a DES‑approved training seminar and keep current certification. Tests must follow NFPA standards. Certified testers are responsible for their work, must notify others if an assembly is shut down, and required repairs must be done by a DES‑certified tester. You may not remove or deface an official DES health notice posted in a privy.
If a bed‑and‑breakfast offers a pool to guests, it must build and run the pool to residential pool standards set by the environmental agency. This sets safety and construction rules for guest pools.
Private home health agencies must pay reasonable license fees; fees are refunded if a license is denied. Government home health agencies do not pay these fees. When services or licenses are transferred or partnered, the health department may require staff transfers, coverage for indigent patients, and payments or contributions, and it can enforce these terms. Before renewing a direct‑care license, the department verifies the provider runs required criminal background checks and handles any federal checks.
Only property owners and residents within two miles of a permitted livestock or poultry facility can appeal that permit. This two‑mile limit does not apply to swine facilities.
DES can order compliance, seek court orders, and set civil penalties by rule for Article 96 violations. Fines can be up to $10,000 per day per violation. After agency appeals, you may ask a court to review the penalty.
Warranties and service or maintenance contracts offered by public utilities on their transmission devices are not covered by this statute when they are already regulated by the Public Service Commission or DES. This narrows when the general service‑contract law applies to utility offerings.
To challenge a Certificate of Need decision, you must have given written notice during staff review that you are affected and that you oppose the project. Hearings are limited to issues raised or considered during the staff review. New issues cannot be added later.
Prescribed burns that follow state smoke guidelines are allowed for forest, farm, and game management. During an avian influenza outbreak, game‑fowl breeders and testing sites must allow state testing. If you find dead animals or poultry on your land, you must burn or bury them right away (animals at least 3 feet deep; poultry at least 1 foot). Breaking the disposal rule is a misdemeanor with a $5–$100 fine or up to 30 days in jail.
Doctors cannot sell medical records except to a licensed doctor or a licensed hospital, unless the medical board approves an exception. The state registrar may disclose personal information (not Social Security numbers) on uncertified vital records. Allowed fees for copying medical records adjust each July 1 for inflation using the South Region CPI‑U, starting July 1, 2015.
Marriage licenses use a single state form. Officiants must return license copies within 15 days. Courts record and send one copy to Vital Statistics in 15 days and may charge $0.50 for each certified copy. Starting 2026-05-15, DPH must share a listed father’s info with attorneys in adoption or parental‑rights cases with a subpoena, and clerks must report paternity orders so birth records can be updated. Clerks must also report final divorces or annulments to Vital Statistics within 30 days.
The health department sets uniform fees for birth, death, and other vital records, but fees cannot be more than the service cost. DSS does not pay fees when records are for paternity or child support, and VA verifications are free to state and county veterans offices with proof. Only the state health department and county health departments may issue certified birth and death certificates. Certified birth certificates are mailed with health materials, and marriage license offices must give family planning information from the health department. Full marriage or divorce copies go to the parties, their adult children, a present or former spouse, their legal representative, or DSS; others get a basic confirmation.
You can buy a Breast Cancer Awareness license plate for an extra $70 every two years. Half ($35) goes to DPH to expand the Best Chance Network. The other half ($35) goes to the American Cancer Society, South Carolina chapter. You pay this only if you choose the plate.
Licensed midwives trained and supervised by the health department may care for maternity patients only and may not claim to be nurses or certified nurse‑midwives. In schools or nursing homes, dentists and hygienists must follow general supervision rules, unless the work is done in a DPH public‑health setting.
DSS gives Aid to Families with Dependent Children applicants information on contraception and family planning (no abortion) and helps schedule a health department visit if asked. Family Independence adults who need family skills and all minor mothers must take a skills program on parenting, money, and health; the department may add drug and family planning assessments. State family planning funds cannot pay for abortion.
During a public‑health emergency, orders must be the least restrictive needed, separate sick from well people, and provide safe, sanitary care and basic needs. Breaking an order or entering restricted places can mean a fine up to $1,000, up to 30 days in jail, or both. Employers cannot fire or demote you for following an order, but they may require you to use sick or annual leave.
Schools and licensed day cares may not admit or keep a child without required vaccine records set by the health department. A one‑time 30‑day special exemption lets transfer students or students awaiting records enroll while records arrive or shots are scheduled. After 30 days, families must show a standard immunization certificate, a medical exemption, or a religious exemption. Registered family day care homes are not covered by this rule.
Infirmaries used only by private school students, certain DDSN‑sponsored community homes (with location lists sent to DPH), and small DMH‑designated homeshare sites (up to two people, with limits on length of stay) do not need a DPH facility license. DDSN and DMH must give DPH the names and locations so these sites are tracked.
STD records held by the health department are strictly confidential and only shared in narrow cases set by law. If a K–5 public school student has HIV, the department must tell the superintendent and the school nurse. That notice is not put in the permanent record and must be purged before sixth grade.
Law enforcement can get STD/HIV test results only by court order after a strong need is shown. The person tested and DPH get notice, and hearings use pseudonyms and are private unless the person asks otherwise. Courts can limit who sees results and how they are used. Doctors and state agencies are immune from damages when they notify a spouse or known contact of HIV. Breaking certain public health rules can be a misdemeanor with up to a $200 fine or 30 days in jail.
The environmental department may allow temporary septic tanks in unusual, temporary, or emergency situations and sets how long they may be used. In counties with a city over 70,000 people, using or installing a septic tank without approval is a misdemeanor. Each offense can carry a $10–$50 fine or 5–20 days in jail, and each day can be a separate offense.
The health department must approve sanitary rules for barbershops and cosmetology salons and schools. The board must give the approved rules to every shop and school. Willful and ongoing sanitary violations can lead to discipline against a license.
State agencies, including Social Services, Public Health, and Environmental Services, can sign written agreements to run joint programs and improve delivery. Agencies cannot sign contracts that spend money unless the legislature already approved the money. Executive‑order boards using this authority must include two senators and two House members.
DES must put rules and orders in writing, index them, make them public, and file them with the Secretary of State. Anyone directly affected can appeal a final DES order through the standard appeals path. New DES regulations must be approved by the General Assembly and cannot conflict with federal law at the time of approval. DES is named the successor for many environmental duties and joins the state energy board; archived‑document storage projects are listed under energy‑construction rules. The law adds DES to certain utility‑related agency lists, and on 2026-05-15 the Code Commissioner updates state laws to reflect the DHEC split.
DES can hire coastal experts and let permitting staff carry out some duties to speed reviews. Beach renourishment projects must be fully permitted before the state will even rank an application for matching funds. Trust fund and local match dollars must go into escrow within five business days, with quarterly reports and annual and final audits. The state uses yearly erosion data to set project priorities and design work. An emergency reserve fund is run with emergency managers and local officials.
It is a crime to interfere with state‑managed marshes or to mine phosphate without a license. DES notices about bad or unsafe work can now trigger license discipline if problems are not fixed. DES must provide staff help to the Recycling Market Development Advisory Council when asked. DES keeps certain fee revenue above a 2000–2001 baseline to support its work. The director appoints a 14‑member committee to help oversee the underground storage tank cleanup fund.
DES can negotiate water‑transfer agreements with other states or the U.S. But any agreement only takes effect after the General Assembly passes a concurrent resolution. This does not affect the Attorney General or court cases involving the State.
DES keeps its power to regulate marine resources to protect public health and the environment. The state cannot name a Public Shellfish Ground where a DES‑permitted structure already exists. DES also cannot issue new permits to use a critical area that is already a Public Shellfish Ground.
Two code sections (44-11-30 and 44-11-40) are repealed on July 1, 2025.
The Governor appoints the State Advisory Council on Erosion and Sediment Reduction from listed agencies and groups, including DES. This refreshes who advises on erosion and sediment policy.
For actions after 2007 about navigability, depth, dredging, or sludge on the Savannah River for ocean‑going ships, the Savannah River Maritime Commission—not DES—handles approvals. DES keeps authority over other river matters. The DES Director or designee serves on the commission, which focuses on interstate issues with Georgia and generally does not handle new terminal permits unless tied to navigability or depth.
The Department of Agriculture cannot use its funds to stop a church or charity from serving food on its own site up to once a month or 12 times a year. Donors of distressed food keep liability protections, but Agriculture may still regulate or ban distressed food. Producers and processors remain liable for defects that existed before the food became distressed.
DES must act on complaints within 90 days if someone operates x‑ray machines without proper certificates. Sites must display current operator certificates in public view, and inspectors will check them. The medical radiation board’s membership now includes a nonvoting DES representative.
The environmental agency oversees how sewage connections and sanitary closets are built and maintained. It sets and enforces rules to protect health. This can add standards for installers and property owners but improves clarity and safety.
DES must consult the Tribe before siting future sewage treatment facilities. The Tribe may build sewer extensions and charge reasonable tap and user fees to non‑Reservation users. DES aims to align Tribal user rules with municipal system rules.
The environmental agency can allow variances or exemptions to water rules when needed. Any exception must be at least as strict as the federal Safe Drinking Water Act. This adds flexibility for systems without lowering federal‑level protections.
The doctor who performs an abortion must file the state form with the State Registrar, DPH, within seven days. The form does not include the patient’s or doctor’s names, and it must list who gave consent and any legal exception used. DPH must publish the required materials and give copies to people and facilities on request.
The Department of Public Health is exempt from some Board of Pharmacy permit rules and the one‑pharmacist‑in‑charge limit. One pharmacist‑in‑charge may oversee more than one DPH‑run site. Each public health district still must hold a permit to distribute or dispense prescription drugs. DPH‑licensed EMS providers do not pay permit fees and may have a medical director or consultant pharmacist handle required duties. Rules for handling prescriptions follow DPH controlled‑substance laws.
The health department may issue temporary emergency isolation or quarantine orders when delay would spread disease. Within 10 days, it must ask a court to continue custody. A court must hold a hearing within 5 days and may order up to 30 days, renewable. People have rights to counsel and quick hearings.
Courts may not order attorney fees or costs against the health department in Certificate of Need (CON) cases, exemption requests, or applicability rulings. Decisionmakers must consider the Health Plan in place when the application was filed and may also consider the current Health Plan.
The health department runs a statewide vaccine registry. All providers must report every vaccination in the way the department requires. Not following department rules on vaccination, screening, or immunization is a misdemeanor with up to a $100 fine or up to 30 days in jail. The department may give schools brochures for sixth‑grade families about teen vaccines, including HPV, stating benefits, side effects, and that the HPV shots are optional.
On July 1, 2024, coastal management moves to the Department of Environmental Services (DES). The Coastal Zone Management Advisory Council now advises Division staff and can hear issues from the public. Only cities or counties with a DES‑approved Local Beach Management Plan can get Coastal Trust Fund grants. If a local sponsor later gets federal payback for a beach project, it must repay the State in the same cost‑share split. DES uses returned money for other beach work.
The Governor or a designee and the Public Health Director or a designee now sit as full voting members on the State Housing Finance and Development Authority board. This changes who helps set housing programs and priorities.
Veterinarians who can prescribe controlled drugs must get a DPH controlled‑substance registration and take two hours of prescribing/monitoring training every two years. In dentistry, “general supervision” means the dentist authorizes care but need not be present. Hospitals licensed by DPH may set their own physical therapist assistant staffing ratios; other settings follow board rules. When a law requires a physical exam for a license, the exam is the one DPH prescribes.
Schools must work with DPH, Alcohol and Other Drug Abuse Services, and the State Department of Education to run tobacco education, quit programs, and substance‑use prevention. Education regulators must consult DPH, DSS, the state library, finance, and experts when writing family literacy rules. The Board and DPH set rules to disinfect textbooks and handle books from quarantined homes. Local boards must approve DPH programs in schools, and K–5 lessons exclude sexually transmitted diseases on DPH’s reportable list. The School for the Deaf and the Blind now has an eleven‑member board plus the State Superintendent and the Public Health Director as ex officio members.
Cleaning agents sold or made in South Carolina generally may not contain more than 0.5% elemental phosphorus. The health department may allow up to 8.7% only for hardship or when no substitute exists, and some industrial, medical, dairy, and lab uses are exempt. First violations get a written warning; later ones are misdemeanors with up to a $5,000 fine or one year in jail. Unlawful products can be seized.
Sylleste H. Davis
Republican • House
William G. "Bill" Herbkersman
Republican • House
All Roll Calls
Yes: 233 • No: 37
Senate vote • 5/7/2026
(DHEC Restructuring)2nd Reading
Yes: 43 • No: 3
House vote • 5/8/2025
(DHEC Restructuring)Passage of Bill
Yes: 95 • No: 17
House vote • 5/8/2025
(DHEC Restructuring)Passage of Bill
Yes: 95 • No: 17
Act No. 146
Effective date See Act for Effective Date
Signed By Governor
Ratified R 192
Read third time and enrolled
Roll call Ayes-43 Nays-3
Read second time
Committee report: Favorable with amendment Medical Affairs
Referred to Committee on Medical Affairs
Introduced and read first time
Read third time and sent to Senate
Roll call Yeas-95 Nays-17
Read second time
Requests for debate-Rep
Committee report: Favorable Medical, Military, Public and Municipal Affairs
Referred to Committee on Medical, Military, Public and Municipal Affairs
Introduced and read first time
Introduced
S 0623, AN ACT TO EXEMPT GEORGETOWN COUNTY FROM CERTAIN BUILDING REQUIREMENTS AND TO ALLOW THE COUNTY TO INSTEAD ENFORCE AE STANDARDS IN GEORGETOWN COUNTY'S FLOOD DAMAGE PREVENTION ORDINANCE.
Georgetown County Building Requirements
S 0586, AN ACT TO AMEND ACT 172 OF 1995, RELATING TO THE KERSHAW COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE SHALL RECEIVE NINETY DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE AND THAT THE CHAIRMAN SHALL RECEIVE ONE HUNDRED SEVENTY-FIVE DOLLARS, AND TO PROVIDE THAT SUCH PAYMENTS SHALL NOT OCCUR MORE THAN EIGHTEEN TIMES EACH FISCAL YEAR.
Kershaw County Transportation Committee
H 5653, AN ACT TO AMEND ACT 843 OF 1952, AS AMENDED, RELATING TO THE LEE COUNTY BOARD OF EDUCATION, SO AS TO CLARIFY THE METHOD BY WHICH PERSONS FILE TO BECOME A CANDIDATE FOR ELECTION TO THE BOARD, THE MANNER IN WHICH BOARD ELECTIONS ARE CONDUCTED, AND THE MANNER IN WHICH VACANCIES ON THE BOARD ARE FILLED; AND TO PROVIDE FOR THE ANNUAL COMPENSATION OF MEMBERS OF THE BOARD.
Lee County School District Board of Trustees
S 1062, A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 5443, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE SOUTH CAROLINA CODE OF LAWS.
JR to Approve Reg. Doc. No. 5443
S 0779, A JOINT RESOLUTION TO PROVIDE THAT EACH MEMBER OF THE GENERAL ASSEMBLY SHALL RECEIVE A MONTHLY LEGISLATIVE EXPENSE ALLOWANCE OF ONE THOUSAND DOLLARS; TO PROVIDE FOR THE ALLOCATION OF LEGISLATIVE EXPENSE ALLOWANCE PAYMENTS BETWEEN MEMBERS WHOSE SEATS WERE VACATED DURING FISCAL YEAR 2025-2026 AND THE MEMBERS ELECTED TO FILL THE VACANCY; AND TO PROVIDE THAT MEMBERS OF THE GENERAL ASSEMBLY WHOSE SEATS WERE VACATED DUE TO THE MEMBER BEING CONVICTED OF OR PLEADING GUILTY OR NOLO CONTENDERE TO A FELONY ARE NOT ENTITLED TO A LEGISLATIVE EXPENSE ALLOWANCE PAYMENT PURSUANT TO THIS JOINT RESOLUTION.
Legislative Expense Allowance
H 5261, A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR RECEIVING ALCOHOL SERVER TRAINING AS PROVIDED FOR IN CHAPTER 3, TITLE 61 TO MAY 1, 2026.
Alcohol Server Training