South Carolina Administrative Code

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 …

43-161. 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…

43-165.1. Program for Assisting, Developing, and Evaluating Principal Performance (PADEPP). I. PURPOSE The State Board of Education, (SBE) through the South Carolina Department of Education (SCDE), is required to adopt statewide performance standards and criteria that shall serve…

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…

43-172. Accounting and Reporting. I. Pupil Accounting According to Section 4, paragraph (1)(c) of the South Carolina Education Finance Act of 1977, each pupil in the state shall be counted in only one of the pupil classifications and must meet all qualifications both general and …

43-188. Displaying the Flag. (Statutory Authority: 1976 Code §§ 59-5-60, 59-1-320 and 4 U.S.C. § 1, et seq.) I. Display of the United States Flag Schools shall display the United States flag each school day and shall fly the flag in accordance with the laws regulating the display…

43-205. Administrative and Professional Personnel Qualifications, Duties, and Work- loads. (Statutory Authority: 1976 Code Sections 59-5-60, 59-59-10 et seq., and Pub. L. No. 114-95) I. District-Level Administrative Personnel Personnel employed as administrative assistants, super…

43-205.1. Assisting, Developing, and Evaluating Professional Teaching (ADEPT). I. State Standards for Professional Teaching Teacher preparation programs and school districts must address, but are not limited to, the performance standards for Assisting, Developing, and Evaluating …

43-206. Professional Personnel Resignation. Any teacher who fails to comply with the provisions of his contract without the written consent of the school board shall be deemed guilty of unprofessional conduct. A breach of contract resulting from the execution of an employment con…

43-207. Health Examination. All personnel shall be screened for tuberculosis as required by Section 44-29-150 and Section 44-29-160 of the Code of Laws of South Carolina, 1976, as amended April 24, 1979. Guidelines for screening of school employees for tuberculosis are available …

43-209. Support Personnel/Paraprofessional Personnel Positions, Qualifications and Duties. (Statutory Authority: S.C. Code Ann. § 59-5-60 (1990) and 20 U.S.C. § 6301 et seq. (2002)) A. Support personnel positions for school district superintendents and school principals 1. Secret…

43-210. School Resource Officers. I. Expectations for School Resource Officers in South Carolina Public Schools School resource officers are necessary to provide law enforcement services to a safe learning environment. School resource officers shall act in accordance with policie…

43-220. Gifted and Talented. (Statutory Authority: S.C. Code Ann. § 59-29-170 (Supp. 2002)) Purpose: The State Board of Education recognizes the need to provide gifted and talented education services to identified students in grades one through twelve. These regulations provide t…

43-229. Defined Program for the Palmetto Unified School District (PUSD). Palmetto Unified School District No. 1 (PUSD) was established in 1981 by the South Carolina General Assembly, pursuant to S.C. Code Ann. § 24-25-10, to provide educational services to inmates through a state…

43-231. Defined Program K-5. Each school district board of trustees shall ensure quality schooling having a rigorous, relevant curriculum for all students. Each school district shall examine the academic achievement standards adopted by the South Carolina State Board of Education…

43-232. Defined Program 6-8. Each school district board of trustees shall ensure quality schooling by providing a rigorous, relevant curriculum for all students. Each school district shall examine the academic achievement standards adopted by the South Carolina State Board of Edu…

43-234. Defined Program, Grades 9-12 and Graduation Requirements. Each school district board of trustees must ensure quality schooling by providing a rigorous, relevant curriculum for all students. Each school district must offer a standards-based academic curriculum organized ar…

43-235. Employability Credential for Students with Disabilities. A. Introduction and Purpose. (1) This regulation, as governed by S.C. Code Ann. Section 59-39-100, will promulgate the program components and criteria for a state-recognized Employability Credential for applicable s…

43-236. Career or Technology Centers/Comprehensive High Schools. Career or technology centers and/or comprehensive high schools shall, based on local needs, offer a variety of courses that will constitute a career major. These career majors are contained in the clusters defined a…

43-237.1. Adult Education Program. A. Adult Education Program The program of adult education is provided for adults who want to acquire a basic education, to prepare for a high school equivalency test, to develop literacy skills, to obtain the knowledge and skills necessary for e…

43-238. Health Education Requirements. The Comprehensive Health Education (CHE) Act of 1988 (59-32-5) requires that public school health instruction be planned, age-appropriate, and sequential. The CHE Act further requires that, at least one time during the four years of grades 9…

43-240. Summer School Programs. (Statutory Authority: 1976 Code §§ 59-6-60(3&6), and 59-39-100) A. Summer school programs are provided for the following purposes: to deliver academic assistance to students in grades three through eight under the Education Accountability Act of 19…

43-241. Medical Homebound Instruction. I. Students who cannot attend public school because of illness, accident, or pregnancy, even with the aid of transportation, are eligible for medical homebound or hospitalized instruction. A. A physician, nurse practitioner, in compliance wi…

43-242. Driver Training. A school program shall include the complete program of driver education, classroom and behind- the-wheel phases, and it shall be provided each semester on an elective basis for eligible students. Schools organized on grades 9-12 or 10-12 basis shall provi…

43-243. Special Education, Education of Students with Disabilities. I. Purpose The purpose of this regulation is to promulgate the state’s requirements of educational programs for students with disabilities, as outlined by the Individuals with Disabilities Education Act, 2004 (ID…

43-243.1. The Criteria for Entry into Programs of Special Education for Students with Disabilities. A. General Requirements These criteria for entry into programs of special education for students with disabilities will be used by all members of the multidisciplinary team, who ma…