South Carolina Administrative Code

38-447. Appendix of Forms. FORM A-1 UNIFORM APPLICATION FOR REGISTRATION OF INTERSTATE MOTOR CARRIER OPERATIONS EXEMPT FROM FHWA REGULATION To: Date (Name of State Department) Applicant: Street: City: State: Zip Code The vehicle or vehicles which the applicant intends to operate,…

38-480. Trip Permits. The Department shall issue trip permits to motor carriers who operate IFTA qualified motor vehicles but opt to operate without an IFTA license or decal. This permit must be maintained in the vehicle to which it is issued. The trip permit shall be effective f…

38-481. Reciprocal Agreements with Foreign Jurisdictions. The Department may enter reciprocal agreements with foreign jurisdictions who are not members of the International Fuel Tax Agreement. HISTORY: Added by State Register Volume 22, Issue No. 3, eff March 27, 1998.

38-482. Posting of Bond When Tax Payment Past Due. The Department may require IFTA licensees post a bond when tax returns and payments are not submitted in a timely manner. This bond shall be determined by the Department on an individual carrier basis and shall be in proportion t…

38-500. Seventy-Two Hour Trip Permits. The Department shall issue a seventy-two (72) hour trip permit at a cost of fifteen ($15.00) dollars to out-of-state carriers who are not registered under IRP, but wish to operate IRP qualified motor vehicles intrastate and/or interstate in …

38-501. Late Fine Charges. The Department shall charge a fine of twenty ($20.00) dollars per vehicle to carriers who opt for partial payment and fail to pay their final installment in a timely manner. HISTORY: Added by State Register Volume 22, Issue No. 3, eff March 27, 1998.

38-502. Temporary Authorities or Permits. Temporary authorities or temporary operating permits shall be issued in order for motor carriers to begin operations without delay. Temporary authorities shall be issued for new accounts, added vehicles, added jurisdictions, increases in …

38-503. Renewal Applications. All renewal applications must be submitted by mail for invoicing. Carriers who have received an invoice may obtain license plates by mail or over the counter at the Motor Carrier Services office. HISTORY: Added by State Register Volume 22, Issue No. …

38-600. Regulation of Wrecker Services. The following regulations shall be followed by all wrecker services utilized by the South Carolina Department of Public Safety. A. GENERAL 1. No commissioned South Carolina Department of Public Safety employee will hold any financial intere…

38-621. Installer to Apply Non-Transferrable Approval Certificate. The installer of sunscreening film (whether a consumer or professional window tinter) must apply a certificate of compliance (not to exceed 2’’ square) between the film and the glazing (glass) on the lower left co…

38-900. Definitions. For this Article only, the following terms as hereby defined: A. ‘‘Agency’’ means a state agency, sheriff’s office, police department, or other law enforcement entity that has law enforcement vehicles used for traffic enforcement. B. ‘‘Department’’ means the …

38-901. Installation and Maintenance of Videotaping Equipment in Traffic Enforcement Vehicles. A. Regulations in this Article apply to videotaping equipment installed pursuant to S.C. Code Ann. 56-5-2953 and to videotaping equipment purchased with funds collected under S.C. Code …

38-902. Inventory of Videotaping Equipment. A. All videotaping equipment installed pursuant to these regulations and S.C. Code Ann. 56-5-2953 shall remain the property of the Department to insure proper inventory of equipment. Each agency is required to take reasonable care of th…

39-1. License to Practice Dentistry. A. The South Carolina Board of Dentistry has no reciprocal licensure arrangement with any other jurisdiction. B. No applicant shall be examined by the Board to practice dentistry in this state unless the applicant shall; (1) Be at least twenty…

39-10. Sanitary Standards. A. All dental offices and dental laboratories shall provide and maintain sanitary facilities and conditions in accordance with the following regulations: 1. All dental practices shall conform to and comply with the current recommendations and guidelines…

39-11. Ethics. Section 1 PRINCIPLE: PATIENT AUTONOMY (‘‘self-governance’’). The dentist has a duty to respect the patient’s rights to self-determination and confidentiality. This principle expresses the concept that professionals have a duty to treat the patient according to the …

39-12. Approved Procedures of Dental Assistants. The Board has approved performance of the following procedures by dental assistants in South Carolina. No formal academic dental training is required for dental assistants. These procedures must be performed under the direct superv…

39-13. Approved Procedures of Expanded Duty Dental Assistants. An Expanded Duty Dental Assistant is a dental assistant who is a graduate of an American Dental Association accredited dental assisting program, or one who has completed two (2) years of continuous full-time employmen…

39-14. Approved Procedures for Licensed Dental Hygienists. In addition to the procedures outlined for dental hygienists as defined in the Code of Laws of South Carolina, Section 40-15-80, dental hygienists may perform all procedures listed above for dental assistants and expanded…

39-15. Definitions. (Statutory Authority: 1976 Code § 40-15-40) (1) ‘‘Under the direction and control’’ is defined to mean that the dentist or registered dental technician is present and directly supervising the performance of any and all dental technological work. (2) ‘‘Premises…

39-16. Dental Radiography. (Statutory Authority: 1976 Code § 40-15-40) On or after July 1, 1985, all personnel in a dental office who place and expose radiographic films shall have successfully completed a structured course of training in radiation safety. Every dentist shall cer…

39-17. Guidelines for Sedation and General Anesthesia. (Statutory Authority: 1976 Code §§ 40-1-40 and 40-15-40) A. Definitions. 1. ‘‘Analgesia’’ means the diminution or elimination of pain with full consciousness maintained by the patient. 2. ‘‘Deep sedation’’ means a drug-induce…

39-18. Mobile Dental Facilities and Portable Dental Operations. A. Applicability. This regulation applies to an organization or dental practice utilizing a licensed dentist or dental hygienist to operate a mobile dental facility or portable dental operation who: (1) provides dent…

39-19. Temporary Restricted License for Live Patient Continuing Education. A. The South Carolina Board of Dentistry may issue in its discretion a temporary restricted license to a dentist not licensed in this state to allow a licensed dentist, currently licensed in another state,…

39-2. License to Practice Dental Hygiene. A. The South Carolina State Board has no reciprocal licensure arrangement with any other jurisdiction. B. No applicant shall be examined by the Board to practice dental hygiene in this state unless applicant shall: (1) Present such eviden…

39-3. Registration as a Dental Technician. A. The South Carolina State Board has no reciprocal arrangement with any other jurisdiction. B. No applicant shall be examined by the Board to practice as a dental technician unless he or she shall: (1) Be at least twenty-one (21) years …

39-4. Examination of Dentists and Dental Hygienists. (Statutory Authority: 1976 Code §§ 40-1-40, 40-15-40, and 40-15-140) All applicants for the general dentistry examination, and all applicants for the dental hygiene examination applying for licensure by examination in South Car…

39-4.1. Re-examination. A. In case of failure at any examination, the applicant shall have the privilege of a second or third examination with the payment of the regular fee. B. If the applicant has not met the Board’s criteria for passing the examination after three takings, app…

39-5. Registration of Licenses or Certificates. A. Every licensed dentist or dental hygienist and every registered technician shall keep the Board informed of their current mailing address. B. The Board will notify any dentist, dental hygienist or technician of the expiration of …

39-6. Annual Election of the Board. Dentists qualified to vote in accordance with the Board’s records will be noticed in March of the upcoming Congressionally-assigned board seat elections. Nominations of candidates shall be made to the Board by written petition signed by not les…

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…

40-1. Definitions. Definitions found in Section 40-20-20, et seq., apply to this chapter. (A) ‘‘Applicant’’ means any person who has made application for licensure in this state to engage in the practice of dietetics. Applicants may include those exempt from the licensing require…

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…

40-17. 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…

40-5.4. 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…