South Carolina Administrative Code

39-8. Laboratory Interactions. A. All dental laboratory work must have an accompanying authorization document. This document may be physical or electronic and must contain, at a minimum, the following: 1. The laboratory name and mailing address; 2. The authorizing dentist’s name,…

39-9. Use of Lasers in a Dental Setting. A. The requirements contained herein do not apply to the use of non-adjustable laser units used for the purposes of diagnosis and curing. B. Only a dentist may employ a laser capable of the removal of hard and/or soft tissue in the treatme…

40-10. Misconduct Defined. Misconduct means any one or more of the following: (1) violation of any of the provisions of Section 40-20-30, Section 40-20-100, or Section 40-20-130(A), or Section 40-1-110 Code of Laws of South Carolina, 1976, as amended; and (2) violation of any of …

40-11. Code of Ethics. Licensed professionals in the field of dietetics, must maintain high standards of integrity and professional conduct, accept responsibility for their actions, continually seek to enhance their profes- sional capabilities, practice with fairness and honesty,…

40-12. Complaints. (A) Complaints shall be filed and processed in accordance with Chapter 1 of Title 40 and the Administrative Procedures Act, South Carolina Code of Laws 1976, as amended. (B) Anyone may complain to the panel alleging that a person has committed an action prohibi…

40-13. Appeals. A person aggrieved by a final action of the panel denying or revoking his/her license may appeal in accordance with Section 40-1-160 and the Administrative Procedures Act, South Carolina Code of Laws 1976, as amended. HISTORY: Added by State Register Volume 32, Is…

40-14. Weight Program Exemption. A ‘‘general program of weight control’’ is a program designed for one or more population groups in order to achieve or maintain a healthy weight. It is not based on an individual nutrition assessment and does not provide medical nutrition therapy …

40-15. Interpretation of Standards. The standards in this chapter and regulations are interpreted in a manner consistent with The Standards of Professional Responsibility and the Standards of Practice adopted by the Academy of Nutrition and Dietetics Commission on Dietetic Regist…

40-16. Repealed. HISTORY: Former Regulation, titled Licensure Timeframes, had the following history: Added by State Register Volume 32, Issue No. 6, eff June 27, 2008. Repealed by SCSR 47-5 Doc. No. 5155, eff May 26, 2023.

40-17. Reporting of Disciplinary Actions. The South Carolina Panel on Dietetics may report disciplinary actions to the Academy of Nutrition and Dietetics Commission on Dietetic Registration. HISTORY: Added by State Register Volume 37, Issue No. 6, eff June 28, 2013.

40-2. Officers of the Panel; Elections. At the first meeting of each calendar year, the panel shall elect from among its members a chairman, vice-chairman, and other officers as the panel determines to be necessary. Officers shall serve terms of one year and until their successor…

40-3. Officer Duties and Panel Policy. (A) Duties of officers: (1) The Chair shall preside at all panel meetings at which the chairman attends and perform all duties prescribed by law or Panel regulations. (2) The Chair may appoint such advisory committees of Panel members and ot…

40-4. Meetings. (1) The panel shall meet at least two (2) times during every calendar year and at other times upon the call of the chairman or a majority of the panel members. (2) A majority of the members of the panel constitutes a quorum; however, if there is a vacancy on the p…

40-5. Licensing Provisions. Applicant for initial licensure as a licensed dietitian may apply by examination or registration. HISTORY: Added by State Register Volume 32, Issue No. 6, eff June 27, 2008. Amended by SCSR 47-5 Doc. No. 5155, eff May 26, 2023.

40-5.1. Licensure by Examination. As a prerequisite to the issuance of an initial license, the applicant shall provide evidence of passing an examination for dietitians offered by or as approved by the Panel. An applicant for licensure by examination shall submit to the Panel: (1…

40-5.2. Licensure by Registration. An applicant for licensure based on registration by the Commission on Dietetic Registration shall submit to the Panel: (1) The completed application on the forms approved by the Panel along with required fees. Electronic submission is acceptable…

40-5.3. Repealed. HISTORY: Former Regulation, titled Licensure by Endorsement, had the following history: Added by State Register Volume 32, Issue No. 6, eff June 27, 2008. Amended by SCSR 43-5 Doc. No. 4851, eff May 24, 2019. Repealed by SCSR 47-5 Doc. No. 5155, eff May 26, 2023…

40-5.4. Foreign-Educated Applicants. For the purpose of proving accreditation of a course of study at a foreign institution, an applicant shall have the applicant’s academic credentials independently validated as equivalent by an accredita- tion agency that is recognized by ‘‘the…

40-5.5. Change of Address or Name. A licensee shall notify the panel of a change of address providing at least a new address, telephone number, and signed request for the change within thirty (30) days of the change occurring. A licensee shall notify the panel of a change of name…

40-5.6. Repealed. HISTORY: Former Regulation, titled Applications Property of Panel, had the following history: Added by State Register Volume 32, Issue No. 6, eff June 27, 2008. Repealed by SCSR 47-5 Doc. No. 5155, eff May 26, 2023.

40-6. Requirements for Renewal. All renewals shall be filed with the panel prior to May 31 of the renewal year. (1) Renewal applications must be accompanied by the appropriate fee and a statement attesting to the required number of continuing education units (CEUs) per biennium. …

40-7. Reinstatement of Inactive Licenses. (A) A license that has not been timely renewed shall be placed in inactive status after June 30 of the renewal year. (B) An individual seeking to reinstate an inactive license shall complete the application for reinstate- ment, provide ev…

40-8. Continuing Competency; Continuing Education Units. (A) Persons licensed to practice dietetics are required to demonstrate continuing professional competency. Licensee shall submit proof of continuing education units as a condition of renewal by: (1) Active CDR registration;…

40-9. Fees. Fees must be assessed, collected, and adjusted on behalf of the panel by the Department. The Panel may charge fees as shown in South Carolina Code of Regulations Chapter 10-13. HISTORY: Added by State Register Volume 32, Issue No. 6, eff June 27, 2008. Amended by SCSR…

41-1. Definitions. Whenever used in these regulations, unless expressly stated otherwise, or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated: A. ‘‘ABGC’’ means the America…

41-10. American Board of Genetic Counseling Certified Genetic Counselor Credential Recertification. A. A licensed genetic counselor who fails to recertify his or her ABGC CGC credential shall immediately be indefinitely suspended from the practice of genetic counseling effective …

41-100. Recordkeeping and Patient Confidentiality. A. Licensed genetic counselors shall: (1) make contemporaneous, permanent entries into patient records that accurately reflect the genetic counseling services rendered; (2) maintain the confidentiality of any information received…

41-110. Applicability, Legal Effect, and Severability of Regulations. A. The regulations of the Board are intended to be consistent with the applicable Federal and State law and shall be so construed, whenever necessary, to achieve such consistency. B. In the event that any provi…

41-20. American Board of Genetic Counseling Discipline. A. Should the ABGC revoke, deny certification of, or deny recertification of the CGC credential of a licensee, the licensee shall report such action within five (5) business days to the Board. The licensee shall immediately …

41-30. Continuing Education Requirements. A. Licensees are required to comply with ABGC continuing education requirements as necessary to maintain an active ABGC CGC credential. B. The Board does not approve continuing education programs or offerings. HISTORY: Added by SCSR 49-5 …

41-40. License Renewal. A. A genetic counselor license must be renewed biennially. The license expires on April 30 th of each odd-numbered year. B. To renew a genetic counselor license, the licensee shall: (1) pay a renewal fee as provided by regulation; and (2) submit evidence o…

41-50. Reinstatement of a Lapsed License. A. A genetic counselor whose license has lapsed for: (1) fewer than two (2) years may reinstate the license by applying to the Board, submitting proof of an active ABGC CGC credential, and paying the reinstatement fee; and (2) two (2) or …

41-60. Limited Licenses. A. An individual who satisfies all the requirements and qualifications for genetic counselor licensure, except for having taken and passed the ABGC examination for issuance of a CGC credential may be issued a limited license if the individual: (1) holds a…

41-70. Name and Address Change. A licensee shall notify the Board within fifteen (15) days of a name or address change. HISTORY: Added by SCSR 49-5 Doc. No. 5311, eff May 23, 2025.

41-80. Code of Ethics. The Board adopts the NSGC Code of Ethics except to the extent that it conflicts with the laws of this State and/or Board policy. Each licensee is responsible for being familiar with and complying with the NSGC Code of Ethics. HISTORY: Added by SCSR 49-5 Doc…

41-90. Opinion Testimony. Licensed genetic counselors shall not offer or accept an offer to engage in rendering opinion testimony relating to work performed for their patients and shall limit their role to fact witness in any matter involving that patient unless otherwise require…

42-10. Compliance with Federal Requirements. The South Carolina State Education Assistance Authority will administer the Federal Family Educational Loan Program in compliance with the federal laws and regulations pertaining to this program including but not limited to: (1) The Hi…

42-20. Additional Requirements. In addition to, and as allowed by the federal laws and regulations governing the Federal Family Educational Loan Program, the South Carolina State Education Assistance Authority retains the authority to regulate aspects of the program to protect an…

43-100. Test Security. I. Tests administered by or through the State Board of Education shall include but are not limited to: A. The statewide tests, as defined in State Board of Education Regulation 43-262, including field tests and pilot tests; B. Examinations for admission to …

43-130. Repealed by State Register Volume 38, Issue No. 6, Doc. No. 4401, eff June 27, 2014. Editor’s Note Former R. 43-130 was titled Accreditation Standards Filed and had the following history: Amended by State Register Volume 16, Issue No. 6, eff June 26, 1992; State Register …

43-161. Appointment (Term) of School Superintendent. Each school district shall employ a chief administrative officer who serves as the executive officer of the board of trustees and the professional leader of the school district. Administrators serving as area or district superi…

43-166. Student and School Safety. A. School Safety Assessment 1. The State Department of Education shall develop a Model Safe Schools Checklist designed to assess schools’ safety strengths and weaknesses. The checklist must include items addressing the following topics: a. the e…

43-167. Principal Induction Program. (Statutory Authority: 1976 Code §§ 59-5-60 and 59-24-80) A. Purpose The purpose of the Principal Induction Program is to add one component of many strategies which are to be combined by the districts to meet the intent of the Education Account…

43-168. Nutrition Standards for Elementary Schools (K-5) School Food Service Meals and Competitive Foods. (Statutory Authority: Students Health and Fitness Act, 2005 S.C. Acts 59 (to be codified at S.C. Code Ann. § 59-1-310) and S.C. Code Ann. § 59-5-60 (2004)) I. School Meals Fe…

43-169. Food Service Management Company Contracts. I. PURPOSE Pursuant to regulations and policy guidelines promulgated by the United States Department of Agriculture (USDA), the South Carolina Department of Education (SCDE) is charged with the state- level administration and mon…

43-170. Uniform Procedure for Selection or Reconsideration of Instructional Materials. I. Definitions A. For purposes of this regulation, ‘‘Instructional Material(s)’’ means materials used in a South Carolina K-12 public school classroom, made available in a public school library…

43-171.1. Disbursement of Funds for Pressing Repairs, Renovations and Construction. I. ALLOCATION OF FUNDS Funds will be allocated to the district annually on a per pupil basis, based on the Districts’ 135-day cumulative average daily membership for the previous fiscal year. Thes…

43-180. Repealed by State Register Volume 37, Issue No. 5, eff May 24, 2013. Editor’s Note Former R. 43-180 was entitled ‘‘Buildings and Grounds. Defined Minimum Program for South Carolina School District’’. 43-181. Repealed by State Register Volume 37, Issue No. 5, eff May 24, 2…

43-190. Repealed by State Register Volume 37, Issue No. 5, eff May 24, 2013. Editor’s Note Former R. 43-190 was entitled ‘‘Project Plans and Specifications’’. 43-191. Repealed by State Register Volume 37, Issue No. 5, eff May 24, 2013. Editor’s Note Former R. 43-191 was entitled …

43-201.1. Repealed by State Register Volume 38, Issue No. 6, Doc. No. 4409, eff June 27, 2014. Editor’s Note Former R. 43-201.1 was titled Teacher Grants and had the following history: Amended by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003. 43-205. Administra…