Final Regulations

Document No. 5166 DEPARTMENT OF NATURAL RESOURCES CHAPTER 123 Statutory Authority: 1976 Code Sections 50-11-2200 and 50-11-2210 123-203. General Regulation. Synopsis: The South Carolina Department of Natural Resources is proposing to amend Regulation 123-203 pertaining to use of Wildlife Management Areas, Heritage Preserves, and other lands owned by the Department. The following is a section-by-section discussion of the proposed changes. The Notice of Drafting was published in Volume 46, Issue No. 10 of the South Carolina State Register on October 28, 2022. Instructions: Print the regulation a…

Document No. 5164 DEPARTMENT OF EMPLOYMENT AND WORKFORCE CHAPTER 47 Statutory Authority: 1976 Code Sections 41-27-510, 41-35-720, and 41-35-760 47-55. Representation before Appeal Tribunal and the Appellate Panel. Synopsis: R.47-55 describes how a party may be represented before an Appeal Tribunal or the Appellate Panel. The Department proposes amending this regulation to clarify who can represent individuals, businesses, and other entities before the Appeal Tribunal and Appellate Panel, and to distinguish, for the purposes of representation, between unemployment insurance benefit proceedings …

Document No. 5163 DEPARTMENT OF EMPLOYMENT AND WORKFORCE CHAPTER 47 Statutory Authority: 1976 Code Sections 41-29-110, 41-29-230, and 41-35-130 47-23. Offers of Work. Synopsis: The Department of Employment and Workforce proposes amendments to R.47-23, Offers of Work, to clarify that offers of work may be made electronically and to replace a certification requirement with submission of competent evidence that an offer of work was communicated to the claimant by reasonable methods. The Notice of Drafting was published in the State Register on August 26, 2022. Instructions: Replace R. 47-23, Offe…

Document No. 5162 DEPARTMENT OF EMPLOYMENT AND WORKFORCE CHAPTER 47 Statutory Authority: 1976 Code Sections 41-29-110 and 41-29-230 47-21. Filing Claims for Benefits and Registration for Work. Synopsis: R.47-21 provides information and instructions on filing an initial claim for benefits and continuous claims. The Department proposes updating this regulation to be consistent with current practices and procedures and with upgrades in the Department’s technology. The proposed amendments remove references to local, physical offices and incorporate modern usage of the Department’s online benefits …

Document No. 5161 DEPARTMENT OF LABOR, LICENSING AND REGULATION OFFICE OF STATE FIRE MARSHAL CHAPTER 71 Statutory Authority: 1976 Code Section 23-9-20 71-8300. Fire Prevention and Life Safety. 71-8301. Fire Prevention and Life Safety for Special Occupancies. 71-8302. Explosives. 71-8303. Portable Fire Extinguishers and Fixed Fire Extinguishing Systems. 71-8304. Liquefied Petroleum (LP) Gas. 71-8305. Fireworks and Pyrotechnics. 71-8306. Hydrogen Facilities. Synopsis: The South Carolina Department of Labor, Licensing and Regulation, Office of the State Fire Marshal, proposes to add to, amend and…

Document No. 5160 DEPARTMENT OF LABOR, LICENSING AND REGULATION CHAPTER 10 Statutory Authority: 1976 Code Sections 40-1-50 and 40-1-70 10-20. Liquefied Petroleum Gas Board. 10-24. Board of Medical Examiners. 10-27. Board of Examiners in Opticianry. 10-32. Board of Podiatry Examiners. 10-34. Board of Examiners in Psychology. 10-42. Board of Veterinary Medical Examiners. Synopsis: The South Carolina Department of Labor, Licensing and Regulation proposes to add to, amend or repeal fees within the fee schedules for certain boards and commissions whose fees appear in Chapter 10 of the South Carolin…

Document No. 5159 DEPARTMENT OF LABOR, LICENSING AND REGULATION COMMISSIONERS OF PILOTAGE CHAPTER 136 Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, 54-15-10, and 54-15-140 136-014. Apprentice Citizenship and Physical Requirements. 136.015. Previous Maritime Experience, Apprentice Applicants. 136-016. Apprentice Training Course Curriculum. 136-020. Short Branch Qualification. 136-035. Fees. 136-040. Pilot Vessel Operation. 136-045. Pilot Charges and Fees. 136-070. Pilot Functions and Responsibilities. 136-090. Pilot Response. Synopsis: The Commissioners of Pilotage for the Lower Coa…

Document No. 5158 DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF EXAMINERS IN OPTOMETRY CHAPTER 95 Statutory Authority: 1976 Code Sections 40-1-70, 40-37-40(A)(7), and 40-37-320 95-4. Continuing Education. 95-7. Optometrists’ Offices. General Requirements, Patient Records Handling, and Sanitary Standards. (New) 95-8. Ethics. (New) Synopsis: The South Carolina Board of Examiners in Optometry proposes to amend Chapter 95 of the Code of Regulations to add regulations for optometrists’ offices, which include mobile units, as authorized by S.C. Code Section 40-37-320, and to adopt a code of…

Document No. 5157 DEPARTMENT OF LABOR, LICENSING AND REGULATION CHAPTER 10 Statutory Authority: 1976 Code Sections 40-1-50 and 40-1-70 10-3. Board of Architectural Examiners. 10-14. Board of Registration for Professional Engineers and Surveyors. 10-30. Board of Physical Therapy Examiners. 10-33. Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, Addiction Counselors, and Psycho-Educational Specialists. 10-40. Soil Classifiers Advisory Council. 10-41. Board of Examiners in Speech-Language Pathology and Audiology. Synopsis: The South Carolina Departm…

Document No. 5156 DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF PHARMACY CHAPTER 99 Statutory Authority: 1976 Code Sections 40-1-70, 40-43-60(D)(8), 40-43-83(I), and 40-43-86(B)(3)(c) 99-43. Facility Permit Classifications. 99-45. Administrative Citations and Penalties. Synopsis: The South Carolina Board of Pharmacy proposes to amend various sections in Chapter 99 to provide clarification and guidance regarding permitting of clinics as well as clarify reporting requirements mandated by state or federal laws and regulations. The Notice of Drafting was published in the State Register on…

Document No. 5155 DEPARTMENT OF LABOR, LICENSING AND REGULATION PANEL FOR DIETETICS CHAPTER 40 Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, and 40-20-50 40-1. Definitions. 40-5. Licensing Provisions. 40-5.1. Licensure by Examination. 40-5.2. Licensure by Registration. 40-5.3. Licensure by Endorsement. 40-5.4. Foreign Educated Applicants. 40-5.5. Change of Address or Name. 40-5.6. Applications Property of Panel. 40-6. Requirements for Renewal. 40-7. Reinstatement/Reactivation of Expired, Lapsed Licenses. 40-8. Continuing Competency; Continuing Education Credits. 40-9. Fees. 40-10. …

Document No. 5154 DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF BARBER EXAMINERS CHAPTER 17 Statutory Authority: 1976 Code Sections 40-7-50 and 40-7-60 17-3. Barber Schools, Teachers and Instructors; Teachers and Instructors to Devote Full Time. Synopsis: The South Carolina Board of Barber Examiners proposes to amend R.17-3 to clarify that teachers and instructors in barber schools or colleges may not provide professional services to clients during the time they are working in school settings. The Notice of Drafting was published in the State Register on August 26, 2022. FINAL REGULAT…

Document No. 5153 DEPARTMENT OF LABOR, LICENSING AND REGULATION STATE ATHLETIC COMMISSION CHAPTER 20 Statutory Authority: 1976 Code Section 40-81-70(A)(3), (6) 20-28.01. Code of Ethics. Synopsis: The South Carolina Athletic Commission proposes to amend R.20-28.01, the code of ethics, to clarify the guidance provided to officials regarding the allowable value of gifts received or solicited from promoters. The Notice of Drafting was published in the State Register on August 26, 2022. Instructions: Print the regulation as shown below. All other items remain unchanged. Text: SUBCHAPTER 28 Code of …

Document No. 5152 DEPARTMENT OF LABOR, LICENSING AND REGULATION CHAPTER 10 Statutory Authority: 1976 Code Section 40-1-50 10-50. Representation before Department Boards and Commissions. (New) Synopsis: The South Carolina Department of Labor, Licensing and Regulation proposes to add a regulation for corporate self-representation at hearings before the Department’s professional and occupational licensing boards. The Notice of Drafting was published in the State Register on September 23, 2022. Instructions: Print the regulation as shown below. All other items remain unchanged. Text: 10-50. Repres…

Document No. 5151 DEPARTMENT OF LABOR, LICENSING AND REGULATION STATE BOARD OF NURSING CHAPTER 91 Statutory Authority: 1976 Code Section 40-33-10(E) 91-33. Safeguarding Patient Records. (New) Synopsis: The South Carolina Board of Nursing proposes to amend its regulations regarding the handling of patient records upon the death, disappearance or incapacity of a licensee. The Notice of Drafting was published in the State Register on March 25, 2022. Instructions: Print the regulation as shown below. All other items remain unchanged. Text: ARTICLE 6 SAFEGUARDING PATIENT RECORDS 91-33. Safeguarding…

Document No. 5150 DEPARTMENT OF LABOR, LICENSING AND REGULATION STATE BOARD OF MEDICAL EXAMINERS CHAPTER 81 Statutory Authority: 1976 Code Sections 40-1-70, 40-47-10, 40-47-32, 40-47-33, and 40-47-40 81-401. Continued Professional Education for Academic Licenses. (New) Synopsis: The South Carolina Board of Medical Examiners proposes adding a regulation establishing continuing education for academic licenses. The Notice of Drafting was published in the State Register on February 25, 2022. Instructions: Print the regulation as shown below. All other items remain unchanged. Text: ARTICLE 12 ACADE…

Document No. 5149 DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF ACCOUNTANCY CHAPTER 1 Statutory Authority: 1976 Code Sections 40-1-70 and 40-2-70 1-01. General Requirements for Licensure as a CPA. 1-02. Examinations. 1-05. Firm registration, resident managers, firm names. 1-06. Reinstatement. 1-07. Return of Certificate. 1-08. Continuing Professional Education. 1-09. Peer Review. 1-10. Professional Standards. 1-11. Application for Licensure as an Accounting Practitioner. 1-12. Safeguarding Client Records When a Licensee is Incapacitated, Disappears, or Dies. 1-13. CPA Retired. (New) S…

Document No. 5147 DEPARTMENT OF EMPLOYMENT AND WORKFORCE CHAPTER 47 Statutory Authority: 1976 Code Sections 41-31-380, 41-31-390, 41-31-400, and 41-41-40 47-16. Contributions: Interest. Synopsis: Section 41-31-400 of the Code of Laws of South Carolina, 1976, confers upon the Department of Employment and Workforce all powers for collection of unpaid unemployment taxes, interest, and penalties that are conferred upon the Department of Revenue by Title 12 for the collection of unpaid income taxes. However, R.47-16, as currently written, provides the Department of Employment and Workforce with onl…

Document No. 5146 DEPARTMENT OF EMPLOYMENT AND WORKFORCE CHAPTER 47 Statutory Authority: 1976 Code Sections 41-29-110 and 41-29-230 47-6. Benefit Ratio for Zero Taxable Wages. Synopsis: R.47-6 instructs the Department on setting an employer’s tax class when that employer has zero taxable wages. The Department proposes deleting obsolete sections that provide for assignment of employers to a tax class in the year 2011 only. The proposed amendment also removes references to the “2012 and subsequent” tax years for clarity, readability, and overall improvement of the text of the regulation. The Not…

Document No. 5142 STATE BOARD OF FINANCIAL INSTITUTIONS CONSUMER FINANCE DIVISION CHAPTER 15 Statutory Authority: 1976 Code Sections 34-41-10 to 34-41-130 15-67. Check Cashing – Required Records and Retention Period. (New) Synopsis: The State Board of Financial Institutions (Board) seeks to add R.15-67 to establish by regulation the records that a person required to be licensed under Chapter 41 must keep and maintain and the corresponding records retention period. The Notice of Drafting was published in the State Register on August 26, 2022. Instructions: Print the regulation as shown below. A…

Document No. 5141 STATE BOARD OF FINANCIAL INSTITUTIONS CONSUMER FINANCE DIVISION CHAPTER 15 Statutory Authority: 1976 Code Sections 34-41-10 to 34-41-130 15-68. Check Cashing – Other Consideration. (New) Synopsis: The State Board of Financial Institutions (Board) seeks to add R.15-68 to state the Board’s interpretation that “other consideration” in Sections 34-41-10 and 34-41-30 includes the mandatory purchase of goods or services, to clarify that a person accepting such other consideration to cash a check is required to have a check-cashing license in this State, and to require a person who …

Document No. 5140 STATE BOARD OF FINANCIAL INSTITUTIONS CONSUMER FINANCE DIVISION CHAPTER 15 Statutory Authority: 1976 Code Sections 34-41-10 to 34-41-130 15-65. Check Cashing. 15-66. Check Cashing – Use of the Nationwide Multistate Licensing System. (New) Synopsis: The State Board of Financial Institutions (Board) seeks to amend R.15-65 and add R.15-66 regarding the use of the Nationwide Multistate Licensing System (NMLS) for check-cashing applications, renewals, and other filings and to pay all fees and costs. The Notice of Drafting was published in the State Register on August 26, 2022. Ins…

Document No. 5138 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 13-7-40 et seq. 61-64. X-Rays (Title B). Synopsis: Pursuant to S.C. Code Sections 13-7-40 et seq., the Department of Health and Environmental Control (“Department”) promulgates, amends, and repeals regulations relating to the control of ionizing and nonionizing radiation, the qualifications of operators applying ionizing or nonionizing radiation to humans, and registration of radiation sources or devices or equipment utilizing these sources. The Department amends R.61-64, X-Rays …

Document No. 5137 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 48-1-10 et seq. 61-9. Water Pollution Control Permits. Synopsis: Pursuant to the South Carolina Pollution Control Act, S.C. Code Ann. 48-1-10 et seq., the Department of Health and Environmental Control (“Department”) establishes programs to regulate discharges from point sources, including concentrated animal feeding operations. The Department proposes amending R.61-9.122.23, Concentrated Animal Feeding Operations, for conformity with the current federal regulation in Title 40, P…

Document No. 5133 DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF LANDSCAPE ARCHITECTURAL EXAMINERS CHAPTER 76 Statutory Authority: 1976 Code Sections 40-1-70, 40-28-30, 40-28-80(a), 40-28-120, and 40-28-140 76-2. Registration. 76-4. Seals. 76-5. License Expiration, Renewals and Reinstatement. 76-6. Continuing Education. 76-7. Examination. Synopsis: The Board of Landscape Architectural Examiners proposes to amend various sections in Chapter 76. ANotice of Drafting was published in the State Register on June 24, 2022. Instructions: Print the regulation as shown below. All other items rem…

Document No. 5132 DEPARTMENT OF LABOR, LICENSING AND REGULATION PANEL FOR MASSAGE/BODYWORK CHAPTER 77 Statutory Authority: 1976 Code Sections 40-30-30, 40-30-50, 40-30-113, 40-30-120, 40-30-140, 40-30-150, 40-30-160, 40-30-180, and 40-30-190 77-100. Qualification for Licensure. 77-101. Minimum Massage Therapy Education Curriculum. (New) 77-103. Temporary Massage Therapy License for a Professional Event. (New) 77-104. Authority to Practice Massage Therapy in an Emergency. (New) 77-105. Reciprocity. 77-106. Endorsement. (New) 77-107. Reactivation of an Inactive License. (New) 77-115. Return of L…

Document No. 5130 STATE BOARD OF EDUCATION CHAPTER 43 Statutory Authority: 1976 Code Sections 59-5-60, 59-18-110, 59-18-310, 59-29-10, et seq., 20 U.S.C. 1232(g), and Pub. L. No. 114-95 43-234. Defined Program, Grades 9-12 and Graduation Requirements. Synopsis: The State Board of Education proposes to amend R.43-234. Defined Program, Grades 9-12 and Graduation Requirements to include a one-half credit in financial literacy as a requirement for earning a South Carolina High School Diploma. FINAL REGULATIONS 35 South Carolina State Register Vol. 47, Issue 5 May 26, 2023 Section-by-Section Discus…

Document No. 5129 SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY CHAPTER 37 Statutory Authority: 1976 Code Sections 23-23-10 et seq. 37-074. Withdrawal of Certification of Telecommunications Operators. (New) Synopsis: S.C. Code Section 23-23-80 authorizes the Law Enforcement Training Council to make regulations necessary for the administration of S.C. Code Section 23-23-10 et seq. The proposed regulation will define misconduct for the denial of certification for misconduct. Notice of Drafting for the proposed amendments was published in the State Registe r on June 24, 2022. Section-by-Section Discuss…

Document No. 5128 SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY CHAPTER 37 Statutory Authority: 1976 Code Sections 23-23-10 et seq. 37-026. Withdrawal of Certification of Law Enforcement Officers. Synopsis: S.C. Code Section 23-23-80 authorizes the Law Enforcement Training Council to make regulations necessary for the administration of S.C. Code Section 23-23-10 et seq. The proposed regulation will define misconduct for the denial of certification for misconduct. Notice of Drafting for the proposed amendments was published in the State Registe r on June 24, 2022. Section-by-Section Discussion: 37-02…

Document No. 5127 SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY CHAPTER 37 Statutory Authority: 1976 Code Sections 23-23-10 et seq. 37-105. Contested Case Hearing. Synopsis: S.C. Code Section 23-23-80 authorizes the Law Enforcement Training Council to make regulations necessary for the administration of S.C. Code Section 23-23-10 et seq. The proposed regulation will define misconduct for the denial of certification for misconduct. Notice of Drafting for the proposed amendments was published in the State Registe r on June 24, 2022. Section-by-Section Discussion: 37-105. This section addresses contest…

Document No. 5126 SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY CHAPTER 37 Statutory Authority: 1976 Code Sections 23-23-10 et seq. 37-107. Final Decision by Law Enforcement Training Council. Synopsis: S.C. Code Section 23-23-80 authorizes the Law Enforcement Training Council to make regulations necessary for the administration of S.C. Code Section 23-23-10 et seq. The proposed regulation will define misconduct for the denial of certification for misconduct. Notice of Drafting for the proposed amendments was published in the State Registe r on June 24, 2022. Section-by-Section Discussion: 37-107. Th…

Document No. 5125 SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY CHAPTER 37 Statutory Authority: 1976 Code Sections 23-23-10 et seq. 37-073. Denial of Telecommunications Operator Certification for Misconduct. (New) Synopsis: S.C. Code Section 23-23-80 authorizes the Law Enforcement Training Council to make regulations necessary for the administration of S.C. Code Section 23-23-10 et seq. The proposed regulation will define misconduct for the denial of certification for misconduct. Notice of Drafting for the proposed amendments was published in the State Registe r on June 24, 2022. Section-by-Section …

Document No. 5124 SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY CHAPTER 37 Statutory Authority: 1976 Code Sections 23-23-10 et seq. 37-025. Denial of Certification for Misconduct. Synopsis: S.C. Code Section 23-23-80 authorizes the Law Enforcement Training Council to make regulations necessary for the administration of S.C. Code Section 23-23-10 et seq. The proposed regulation will define misconduct for the denial of certification for misconduct. Notice of Drafting for the proposed amendments was published in the State Registe r on June 24, 2022. Section-by-Section Discussion: 37-025. This section d…

Document No. 5121 DEPARTMENT OF LABOR, LICENSING AND REGULATION BOARD OF VETERINARY MEDICAL EXAMINERS CHAPTER 120 Statutory Authority: 1976 Code Sections 40-1-70, 40-69-60, and 40-69-70 120-1. Definitions. 120-3. Licensure to Practice Veterinary Medicine. 120-8. Practice Standards for Licensed Veterinarians. 120-9. Practice Standards for: Licensed Veterinary Technicians; Unlicensed Veterinary Assistants. Synopsis: The South Carolina Board of Veterinary Medical Examiners is considering proposing amendments to Chapter 120: to define “emergency animal patient” and “imaging” in Regulation 120-1; t…

Document No. 5120 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Section 43-5-930 61-94. WIC Vendors . Synopsis: Pursuant to S.C. Code Section 43-5-930, the Department of Health and Environmental Control (“Department”) outlines the responsibilities and duties of all potential and authorized Women, Infant, and Children Supplemental Food Program (WIC) Vendors. The Department amends R.61-94, WIC Vendors, to update verbiage of South Carolina Electronic WIC Benefits (eWIC). These amendments include changes to definitions, the approval process of vendors, mo…

Document No. 5119 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 48-1-10 et seq. 61-68. Water Classifications and Standards. Synopsis : Pursuant to S.C. Code Sections 48-1-10 et seq., the Department of Health and Environmental Control (“Department”) establishes appropriate goals and water uses to be achieved, maintained, and protected; general rules and water quality criteria to protect classified and existing water uses; and an antidegradation policy to protect and maintain the levels of water quality necessary to support and maintain those e…

Document No. 5118 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 44-63-10 et seq. 61-19. Vital Statistics. Synopsis : Pursuant to S.C. Code Sections 44-63-10, et seq., the Department of Health and Environmental Control (“Department”) is tasked with establishing a Bureau of Vital Statistics and formulating, promulgating, and enforcing regulations for administering the program. The Department amends R.61-19 to make processes more clear, concise, customer-friendly, and efficient; to remove obsolete sections; to add and update definitions; to 92 F…

Document No. 5116 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 48-1-10 et seq. 61-69. Classified Waters. Synopsis : Pursuant to S.C. Code Sections 48-1-10 et seq., R.61-69 establishes the State’s site-specific water quality standards and provides a listing of all named and specific unnamed waterbodies, their classifications, and locations. The Department of Health and Environmental Control (“Department”) amends R.61-69 to clarify and correct, as needed, waterbody names, counties, classes, and descriptions. The Department also makes stylistic…