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South Carolina Statutes, Title 40

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South Carolina/Statutes

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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

36 sections·Filtered byTitle 40✕Ch 37✕

S.C. Code Ann. § 40-37-10 South Carolina Board of Examiners in Optometry; membership; terms; conduct of business by positive majority vote
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(A) There is created the South Carolina Board of Examiners in Optometry, which consists of seven members. Five members must be licensed optometrists appointed by the Governor upon nomination by all licensed optometrists in this State through an election conducted by the board. Th…
S.C. Code Ann. § 40-37-100 Civil penalties and injunctive relief
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In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Chapter 1 of Title 40.
S.C. Code Ann. § 40-37-110 Grounds for discipline; suspension of license on finding of mental incompetence
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(A) In addition to the grounds for disciplinary action provided in Chapter 1 of Title 40, the board may revoke, suspend, reprimand, or otherwise restrict or limit the license of an optometrist or reprimand or otherwise discipline a licensee when it is established to the satisfact…
S.C. Code Ann. § 40-37-115 Jurisdiction

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The board has jurisdiction over the actions of licensees and former licensees as provided for in Chapter 1 of Title 40.

S.C. Code Ann. § 40-37-120 Basis for disciplinary action

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The board may take disciplinary action against a person as provided for in this chapter or Chapter 1 of Title 40.

S.C. Code Ann. § 40-37-150 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 of Title 40.

S.C. Code Ann. § 40-37-160 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 of Title 40.

S.C. Code Ann. § 40-37-170 Assessment of investigation and prosecution costs

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A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Chapter 1 of Title 40.

S.C. Code Ann. § 40-37-180 Payment and collection of costs

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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 of Title 40.

S.C. Code Ann. § 40-37-190 Confidentiality

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Investigations and proceedings conducted under the provisions of this chapter are confidential and all communications are privileged as provided for in Chapter 1 of Title 40.

S.C. Code Ann. § 40-37-20 Definitions

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As used in this chapter: (1) "Board" means the South Carolina Board of Examiners in Optometry; (2) "Contact lens" means any device placed in contact with the eye for the purpose of correcting vision, therapy, or cosmetic alteration; (3) "Direct supervision" means supervision prov…

S.C. Code Ann. § 40-37-200 Penalties for unlawful practice

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(A) It is unlawful for a person to practice optometry in violation of this chapter, and a person committing such a violation, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. Each violation constitutes a separate of…

S.C. Code Ann. § 40-37-230 Denial of license

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As provided for in Chapter 1 of Title 40, 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. § 40-37-235 Denial of license on basis of prior criminal record

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A license for optometry may be denied based on a person's prior criminal record as provided for in Chapter 1 of Title 40.

S.C. Code Ann. § 40-37-240 Licensure requirements; display, renewal, and reinstatement of license

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(A) A person is qualified to receive authorization to practice as an optometrist if the person demonstrates to the satisfaction of the board that he or she: (1) has submitted a written application in the form prescribed by the board; (2) was graduated from an accredited school or…

S.C. Code Ann. § 40-37-245 Licensure by endorsement; requirements

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An optometrist currently licensed and practicing at the therapeutic level in another jurisdiction may obtain a license by endorsement as an optometrist in this State. An applicant for licensure by endorsement must have: (1) submitted a written application in the form prescribed b…

S.C. Code Ann. § 40-37-280 Use of license by unlicensed person; delegation of tasks to supervised assistants

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(A) It is unlawful for a licensee to permit his or her license to be used by any unlicensed person, and it is unlawful for an unlicensed person to practice or attempt to practice or conduct business under the rights and privileges conferred upon another licensed person. (B) Notwi…

S.C. Code Ann. § 40-37-290 Purchasing, prescribing, and administering pharmaceutical agents

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Notwithstanding any other provision of law, an optometrist may purchase, possess, administer, supply, and prescribe pharmaceutical agents, including oral and topically applied medications other than Schedule I and II controlled substances as defined in Section 44-53-110 except co…

S.C. Code Ann. § 40-37-30 Licensing requirement; practice of optometry

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(A) It is unlawful for a person to engage in the practice of optometry in this State without being licensed by the board, except as otherwise authorized by this chapter. (B) A person is deemed to be practicing optometry within the meaning of this chapter if the person: (1) displa…

S.C. Code Ann. § 40-37-300 Establishing pharmacy or selling pharmaceutical agents; dispensing contact lenses

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(A) An optometrist may not establish a pharmacy in an optometry office or sell pharmaceutical agents prescribed in treatment unless there is a licensed pharmacist on staff and present when these prescriptions are filled. However, nothing in this section or in any other provision …

S.C. Code Ann. § 40-37-310 Referrals for treatment of eye diseases; glaucoma treatment; eye surgery

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(A) In the diagnosis and treatment of ocular and ocular adnexal eye disease, documentation in the patient's chart and appropriate consultations and referrals must be in keeping with the standards of care provided for in this section. (B) In the diagnosis or treatment of eye disea…

S.C. Code Ann. § 40-37-320 Publicizing office hours; mobile units; promulgation of regulations pertaining to optometry offices

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(A) An optometrist shall post in a conspicuous place the office hours that he or she will maintain. Office hours are those hours in which a licensed optometrist is actually present on the premises; however, this section does not prevent the office from being open for the purpose …

S.C. Code Ann. § 40-37-325 Multiple offices; display of license

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Nothing in this chapter may be construed to limit the number or to prescribe or restrict the location of offices an individual optometrist or group of optometrists may operate. Every optometrist must display a separate certificate of licensure certified by the board in each locat…

S.C. Code Ann. § 40-37-330 Use of optometrist's services authorized for agency and school-required examinations

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(A) Whenever it is required by law that a visual test of the eye must be made or optometric care of the eye is required of a person by a school or college or a state or county agency, the test or care may be given by an optometrist licensed in this State. When a person is require…

S.C. Code Ann. § 40-37-350 Exceptions from application of chapter

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(A) This chapter does not apply to: (1) a bona fide student of optometry, medicine, or osteopathy in the clinic rooms or an approved program of an accredited school of optometry, medicine, or osteopathy; (2) a commissioned officer in the armed services who is engaged in the pract…

S.C. Code Ann. § 40-37-360 Price of eyeglasses

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Nothing contained in this chapter or any other provision of law may be construed to restrict or set the price that may be charged for eyeglasses.

S.C. Code Ann. § 40-37-370 Maintenance of laboratory

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Nothing in this chapter or any other provision of law may be construed to prevent an optometrist licensed under this chapter from maintaining and operating a laboratory required for private professional practice.

S.C. Code Ann. § 40-37-390 Unlawful advertising practices

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(A) It is unlawful for a person, partnership, or corporation that provides optometric services to disseminate, directly or indirectly, or cause to be disseminated any untruthful, deceptive advertisement or representation concerning eye examinations, ophthalmic goods, ophthalmic s…

S.C. Code Ann. § 40-37-40 Powers and duties of board; seal

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(A) The board shall: (1) determine the eligibility of applicants for examination and licensure as optometrists; (2) prescribe the subjects, character, and manner of licensing examinations; (3) adopt a code of professional ethics appropriate to the profession of optometry; (4) eva…

S.C. Code Ann. § 40-37-400 Immunity

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No member of the board, its committees, special examiners, agents, and employees may be held liable for acts performed in the course of official duties except where actual malice is shown.

S.C. Code Ann. § 40-37-410 Severability

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If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the…

S.C. Code Ann. § 40-37-420 Existing licensees; transition; time frame for fulfilling licensing requirements of chapter

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(A) An optometrist licensed for basic practice of optometry as of July 1, 2005, may continue to practice under the conditions provided for in this section, and regulations promulgated under this chapter, as of July 1, 2005, until September 30, 2008. A basic certified optometrist …

S.C. Code Ann. § 40-37-5 Application of chapter; conflicts of law

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Unless otherwise provided for in this chapter, Chapter 1 of Title 40 applies to optometrists regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.

S.C. Code Ann. § 40-37-50 Administration of board; assessment, collection and adjustment of fees

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(A) The board must be administered by the Department of Labor, Licensing and Regulation in accordance with Chapter 1 of Title 40. The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activi…

S.C. Code Ann. § 40-37-80 Investigation of complaints; administration of oaths; subpoena of documents

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For the purpose of conducting an investigation under this chapter, the department shall subpoena witnesses, take evidence, and require the production of any documents or records that the board considers relevant to the inquiry. The department shall administer oaths and issue subp…

S.C. Code Ann. § 40-37-90 Investigation results presented to board; disciplinary action

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The results of all investigations must be presented to the board. If from these results it appears that a violation has occurred or that a licensee has become unfit to practice optometry, the board, in accordance with the Administrative Procedures Act, may take disciplinary actio…