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South Carolina Statutes, Title 40

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Title 40, Professions and Occupations

62 chapters · 1,983 sections in this title.

All chapters in Title 401,983 Ch 47, Title 40, Chapter 47157 Ch 15, Title 40, Chapter 1573 Ch 75, Title 40, Chapter 7560 Ch 60, Title 40, Chapter 6059 Ch 81, Title 40, Chapter 8156 Ch 59, Title 40, Chapter 5955 Ch 33, Title 40, Chapter 3352 Ch 11, Title 40, Chapter 1150 Ch 45, Title 40, Chapter 4547 Ch 63, Title 40, Chapter 6347 Ch 67, Title 40, Chapter 6746 Ch 36, Title 40, Chapter 3645 Ch 69, Title 40, Chapter 6944 Ch 7, Title 40, Chapter 743

25 sections·Filtered byTitle 40✕Ch 35✕

S.C. Code Ann. § 40-35-10 South Carolina Board of Long Term Health Care Administrators; membership; meetings
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(A) There is created the South Carolina Board of Long Term Health Care Administrators composed of nine members who must be appointed by the Governor, with the advice and consent of the Senate, for three-year terms and until their successors are appointed and qualify. Of the nine …
S.C. Code Ann. § 40-35-100 Cease and desist orders; temporary restraining orders
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In addition to other remedies provided for in this chapter, the board in accordance with Chapter 1 also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter…
S.C. Code Ann. § 40-35-110 Misconduct
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Misconduct, which constitutes grounds for revocation, suspension, or other restriction of a license or a limitation or other discipline of a licensee, is a satisfactory showing to the board of any grounds for disciplinary action stated in Chapter 1 or: (1) acting in a manner inco…
S.C. Code Ann. § 40-35-115 Jurisdiction

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The board has jurisdiction over the actions of licensees and former licensees as provided for in Chapter 1.

S.C. Code Ann. § 40-35-120 Disciplinary action; civil penalties; documentation of participation in education or treatment program

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(A) The board may take disciplinary action against a person as provided for in Chapter 1. (B) The board may assess civil penalties of not more than one thousand dollars per violation, not to exceed a total of ten thousand dollars. (C) The board may require documented participatio…

S.C. Code Ann. § 40-35-130 Denial of licensure

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As provided for in Chapter 1, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.

S.C. Code Ann. § 40-35-150 Voluntary surrender of license

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A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Chapter 1.

S.C. Code Ann. § 40-35-160 Appeal

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A person aggrieved by a final action of the board may seek review of the decision in accordance with Chapter 1.

S.C. Code Ann. § 40-35-170 Payment of investigation and prosecution costs

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A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Chapter 1.

S.C. Code Ann. § 40-35-180 Payment of costs and fines

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All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Chapter 1 and to the collection provisions of the Department of Revenue for delinquent fines.

S.C. Code Ann. § 40-35-190 Confidentiality of investigations and proceedings

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Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Chapter 1.

S.C. Code Ann. § 40-35-20 Definitions

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As used in this chapter: (1) "Accredited college or university" means a college or university whose accreditation is recognized by the Council on Higher Education Accreditation and the United States Department of Education. (2) "Board" means the South Carolina Board of Long Term …

S.C. Code Ann. § 40-35-200 Licensure requirement; criminal and civil penalties for violation

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(A) It is unlawful for a person to administer, manage, or supervise, or be in administrative charge of a nursing home, community residential care facility, or habilitation center for persons with intellectual disability or persons with related conditions, unless the person is lic…

S.C. Code Ann. § 40-35-210 Injunctive relief

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The department, at the written request of the board and in accordance with Chapter 1, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.

S.C. Code Ann. § 40-35-250 Construction of chapter

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The provisions of this chapter are intended to be consistent with the applicable federal and state law and must be so construed, whenever necessary, to achieve this consistency.

S.C. Code Ann. § 40-35-260 Severability

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In the event that any provision of this chapter is declared unconstitutional or invalid or that the application of any provision to any person or circumstance is held invalid, the applicability of the provision to other persons and circumstances and the constitutionality or valid…

S.C. Code Ann. § 40-35-30 Supervision of facilities and centers by licensed administrators

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(A) A nursing home or community residential care facility within this State may not operate except under the supervision of an administrator licensed in accordance with this chapter. (B) A habilitation center for persons with intellectual disability or persons with related condit…

S.C. Code Ann. § 40-35-40 Issuance of license; qualifications and requirements

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(A) The board shall issue a nursing home administrator license to a person who submits evidence satisfactory to the board that the person: (1) is at least twenty-one years of age; (2) has not been convicted of any criminal act that is relevant to the practice of nursing home admi…

S.C. Code Ann. § 40-35-45 Transferability of license; renewal and reinstatement; licensure of persons holding license in another jurisdiction

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(A) A nursing home administrator's license or a community residential care facility administrator's license is not transferable. (B) A license must be renewed upon dates established by the department. A licensee must submit an application for renewal, payment of the renewal fee, …

S.C. Code Ann. § 40-35-5 Applicability; conflicts of law

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Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to the regulation of nursing home administrators and residential care facility administrators; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter…

S.C. Code Ann. § 40-35-50 Fees

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(A) Initial fees must be established by the board in regulation and shall serve as the basis for necessary adjustments in accordance with Chapter 1. (B) Licensure application fees are nonrefundable.

S.C. Code Ann. § 40-35-60 Rules and regulations

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The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.

S.C. Code Ann. § 40-35-70 Additional powers and duties of the board

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In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Chapter 1.

S.C. Code Ann. § 40-35-80 Investigation of complaints and violations

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The department on behalf of the board shall investigate complaints and violations of this chapter as provided for in Chapter 1.

S.C. Code Ann. § 40-35-90 Disciplinary action in accordance with Administrative Procedures Act

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The board in accordance with the Administrative Procedures Act may take disciplinary action authorized by Chapter 1.