South Carolina Administrative Code

90-105. Driver Training School Motor Vehicle Liability Insurance. A. No driving school may be licensed by the Department unless it maintains personal injury and property damage liability insurance on all motor vehicles owned or operated in driving instruction on public roads or p…

90-106. Driver Training School Instructor Qualifications. A. Every person, in order to qualify as an instructor for a driving school, in addition to meeting all applicable federal ELDT driver training requirements for commercial driving instructors, must, at the time of applicati…

90-107. Driving Instructor Permit. A. Every driving instructor must possess a permit issued by the Department which indicates the full name of the instructor and the full name of the driving training school employing or under contract with the instructor. B. A driving instructor’…

90-108. Motor Vehicles Operated by Driver Training Schools. A. Every motor vehicle operated by a driver training school must be properly owned, leased, or rented in the name of the driver training school or parent company. B. A driver training school cannot use a motor vehicle fo…

90-109. Driver Training School Motor Vehicle Safety and Identification Requirements. A. Every motor vehicle used by a driver training school training for non-commercial driver’s licenses in the course of driving instruction must be equipped with: (1) Dual controls on the foot bra…

90-110. Driver Training School Facilities, Hours of Operation, etc. A. Each licensed driving school facility and any branch office(s) must have an office which contains adequate facilities to conduct the business of giving instructions on driving motor vehicles and in the prepara…

90-111. Non-Commercial Driver Training School Course of Instruction. All non-commercial driver training school courses of instruction must be submitted for approval to the Department in the form of an outline and must include: A. A description of all materials used for instructio…

90-112. Driver Training School Student Instruction Record. A. All licensed driver training schools must maintain and make available for inspection by the Department a record of instruction for each student (hard copy or electronic) for three years after the instruction is complet…

90-113. Instruction Records and Files. A. Each driver training school must furnish the student with a copy of its instruction record when the student completes the lessons contracted for or otherwise ceases taking instruction from the school. The copy must be signed by the instru…

90-114. Receipts for Fees Paid for Non-Commercial Instruction. A. A departmentally approved receipt must be issued to a student each time a fee is collected for either theory or behind-the-wheel driver instruction or other services offered by the licensed driver training school, …

90-115. Driver Training School Contracts. A. All written contracts or records of agreement by or between any driving school and any individual, partnership, corporation, firm, or association for the sale, purchase, barter, or exchange of any driving instruction or any theory/clas…

90-116. Inspection of School Facilities. Each driver training school must permit authorized agents of the Department to make periodic inspections of all school records, facilities, and vehicles used in driver training. During these inspections the owner(s), manager(s), or other p…

90-117. Cancellation and Refund Policy. This section applies to all licensed driver training schools, excluding duly accredited public colleges. A. A Student who is training for a commercial driver’s license is entitled to a refund within thirty days under the following circumsta…

90-118. Driver Training School Advertising. A. No driver training school may publish, advertise, or otherwise represent that a student is guaranteed or assured success in receiving a South Carolina driver’s license. B. No driver training school advertisement or publication may us…

90-119. Suspension, Revocation, Refusal to Renew Driver Training School License. The Department may suspend, revoke, or refuse to issue or renew a license of a driver training school for any of the following causes: A. Conviction of any owner holding 25% ownership or more, manage…

90-120. Minimum Training Hours for Commercial Drivers Licenses. A. Requirements: One commercial motor vehicle must be provided for each three students during the highway training, provided four students per commercial motor vehicle are permitted if the vehicle has been inspected …

90-400. Self-Insurers. A. Pursuant to Section 15-78-140, political subdivisions are allowed to procure automobile liability insurance by becoming self-insured. Additionally, pursuant to Section 56-9-30 political subdivisions are exempted from the self-insured requirements contain…

90-500. Establishing a Billing Account. A. Eligible customers must request in writing to establish a billing account. At the Department’s discretion, eligible customers are those who represent businesses and can provide the business’s Federal ID Number or individuals who hold pro…

90-501. Department Invoicing Procedures. A. Each request for information will be charged at the normal and typical rate, if a rate is not already set in statute, for the document or information requested. B. Invoices will be prepared monthly for billing accounts. C. Invoices must…

90-502. Delinquent Billing Accounts. A. If payment is not received within thirty (30) days of generation of the invoice, the account may be suspended or closed, and the security deposit may be applied to all outstanding invoices. B. Should any funds from the security deposit rema…

90-503. Closing Billing Accounts. A. Customers may terminate a billing account by requesting such closure in writing to the Department of Motor Vehicles, P. O. Box 1029, Blythewood, South Carolina 29016. B. Upon receipt of the request, the Department will suspend privileges under…

91-1. Active, Unrestricted Practice of Nursing Required to Supervise Others. (Statutory Authority: 1976 Code §§ 40-1-70, 40-33-10(E), and 40-33-10(I)) Any licensee who supervises another person must hold an active, unrestricted authorization to practice in this state and be curre…

91-10. Program Changes Requiring Board Notification. Written notification must be submitted to the Board when significant changes occur in administrative appointments and/or organizational structure that affect the nursing program. HISTORY: Added by State Register Volume 31, Issu…

91-11. Criteria for Initial and Continuing Approval of Basic Programs Preparing Regis- tered Nurses. A. Organization 1. The nursing program is either affiliated with or a part of an institution of higher learning approved by the appropriate state authority. (a) An organizational …

91-12. Criteria for Approval of Basic Programs Preparing Licensed Practical Nurses. A. Organization 1. The nursing program is part of a college, university or public school system approved by the appropriate state authority. (a) An organizational chart reflects the reporting mech…

91-13. Board Authority to Grant Waiver. Upon a satisfactory showing that the goals of these Regulations may be met by alternative means or methods, the Board may grant exceptions and waivers to these Regulations in its discretion. HISTORY: Added by State Register Volume 31, Issue…

91-19. Procedure for Disciplinary Hearings. (Statutory Authority: 1976 Code Sections 40-33-10 et seq.) 19.a. Responsibilities of the State Board of Nursing for South Carolina. The State Board of Nursing is empowered by Section 40-33-10, Code of Laws of South Carolina, 1976, as am…

91-3. Definition of Terms Applying to Nursing Programs. A. Initial approval: means the official status granted to a newly established nursing program that shows evidence of meeting the Board’s legal and educational requirements, and continues in effect until the results of the Na…

91-31. Fees. a. Names, addresses and authorized statistical data of licensed nurses may be released upon written request of agencies, individuals, and organizations. This service will be provided electronical- ly or via CD for a cost of $10.00. b. Refund of fees will be made at t…

91-32. Code of Ethics. The Board adopts the American Nurses Association’s Code of Ethics: 2015. HISTORY: Added by State Register Volume 38, Issue No. 6, Doc. No. 4447, eff June 27, 2014. Amended by SCSR 43-5 Doc. No. 4863, eff May 24, 2019. ARTICLE 6 SAFEGUARDING PATIENT RECORDS

91-33. Safeguarding Patient Medical Records When a Nurse Licensee is Incapacitated, Disappears, or Dies. A. Each Advanced Practice Registered Nurse (APRN) licensee actively practicing within the State of South Carolina, in a solo practice setting, shall designate a partner, perso…

91-4. Mandatory Approval of Nursing Programs. All nursing programs located in South Carolina preparing students for initial practical and registered nursing licensure shall be Board approved. HISTORY: Added by State Register Volume 31, Issue No. 5, eff May 25, 2007.

91-5. Procedure for Survey and Initial Approval of Nursing Programs. A. A parent institution seeking to establish a nursing program in South Carolina preparing students for initial licensure shall: 1. Request consultation from the Board regarding the Nursing Education Standards r…

91-6. Out-of-State Nursing Programs Conducting Clinical Experiences in South Carolina. A. A nursing program whose parent institution is located in another state and which conducts clinical experiences preparing students for initial licensure in South Carolina shall obtain South C…

91-7. Review of Accredited and Board Approved Nursing Programs. A. Nursing programs that are currently accredited by a Board approved accrediting body will submit a copy to the Board of the accreditor’s final report and letter confirming accreditation in lieu of the Board self st…

91-8. Closing an Approved Nursing Program. A. Voluntary Closing When a decision is made by the parent institution to close a nursing program, a report that fully describes the plan for closing is to be submitted to the Board. The report shall include: 1. the rationale for closing…

91-9. Program Changes Requiring Board Approval. A. Change of parent institution When the administrative control of a nursing program is to be transferred to another institution, the receiving institution shall comply with the Procedure for Survey and Initial Approval of Nursing P…

93-100. Fees [and Fee Schedule]. A. The Board shall set fees in amounts to be sufficient to provide for administering the Act. B. The Board may charge fees as shown in South Carolina Code of Regulations Chapter 10-21 and on the South Carolina Board of Long Term Health Care Admini…

93-110. Examination; Scheduling and Grading. A. The Board shall administer the examinations by a Board-approved testing provider. (1) Nursing home administrator applicants will sit for an examination. The national portion is prepared by the National Association of the Boards of E…

93-120. Initial Licenses. A. An applicant who has successfully complied with the requirements of the licensing law and the standards provided for herein, passed the examination provided for herein, and paid the fees for the initial licensure period shall be issued a license as a …

93-130. Provisional Licenses. A. In the event of an unexpected vacancy caused by the death of an administrator, departure of an administrator, or similar event, the Board may issue a provisional license to an applicant who has met the requirements in South Carolina Code Ann. Sect…

93-150. Inactive or Retired Status Licenses. A. The board may consider a request from a licensee to have his or her license placed in inactive or retired status. B. To qualify for inactive or retired license status, the licensee must affirm that he or she is not employed as the a…

93-160. Registration of Licenses. A. Only a person who is licensed as a nursing home administrator or a community residential care facility administrator pursuant to the provisions of these regulations for the current licensure period shall have the right and privilege of using t…

93-170. Display of Certificate and Normal Work Hours. A. Every person currently licensed as a Nursing Home Administrator or Community Residential Care Facility Administrator shall display the certificate in a conspicuous place in his office or place of business or employment. B. …

93-200. Continuing Education for Relicensure. A. Each applicant for renewal of a license shall present evidence of having earned the required number of hours of continuing education as defined in 93-50(G). B. Evidence of continued learning appropriate to facility administration s…

93-210. Reinstatement of Lapsed License. A. An administrator previously licensed in this State whose license shall not have been revoked or suspended but whose license has lapsed for failure to renew on or before the expiration date of the license may seek to reinstate the licens…

93-220. Complaints. A. The Department shall be responsible for investigating complaints, either directly or indirectly, relating to administrators. B. The Department has the responsibility to evaluate complaints and investigative information received from the South Carolina Depar…