Title 40, Professions and Occupations

Osteopathic physicians and surgeons licensed hereunder shall have the same rights and privileges as physicians and surgeons of other schools of medicine with respect to the treatment of cases, hospital privileges, and the holding of health offices or offices of public institution…

(A) A person may not practice medicine in this State unless the person is twenty-one years of age and has been authorized to do so pursuant to the provisions of this article. Nothing in this article may be construed to: (1) prohibit service in cases of emergency or the domestic a…

(A) Limited licenses may be issued for postgraduate medical residency training or for employment with a state agency, as approved by the board. A limited license entitles the licensee to apply for individual controlled substance registration through the Department of Health and E…

(A) To obtain a permanent license to practice medicine in this State an applicant shall comply with the requirements of this section. (B)(1) An applicant shall document to the satisfaction of the board graduation from a: (a) medical school located in the United States or Canada t…

(A) The issuance of an academic license is initiated by a written request from the dean of the medical school outlining the candidate's credentials, proposed role at the academic institution, and the reasons for requesting an exception to the usual course of permanent licensure. …

(A) The board shall waive all application fees, examination fees, and annual reregistration fees for an applicant who applies for a special volunteer license and who otherwise meets permanent licensure requirements if the applicant documents, to the satisfaction of the board, tha…

(A) The board may issue a license to a physician licensed in good standing in another state, who has been engaged to testify as an expert medical witness in an administrative, civil, or criminal proceeding in this State. The license only shall authorize practice in this State as …

(A) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for an authorization to practice, the department may require a criminal history background check of each applicant for an authorization to practice pursuant to t…

(A) A licensee who provides care, renders a diagnosis, or otherwise engages in the practice of medicine as defined in Section 40-47-20(36) via telemedicine as defined in Section 40-47-20(53) shall: (1) adhere to the same standard of care as in-person medical care and be evaluated…

(A) No provision of this article may be construed to require a physician to secure a Maintenance of Certification as a condition of: (1) licensure; (2) reimbursement; (3) employment; or (4) admitting privileges at a hospital or federally qualified health center in this State. (B)…

The continued professional competency of a physician holding a permanent license must be demonstrated in the following manner: (1) For renewal of a permanent license initially issued during a biennial renewal period, compliance with all educational, examination, and other require…

(A) A license issued pursuant to this chapter may be renewed biennially or as otherwise provided by the board and department. A person who has not demonstrated continuing medical competence, as required by this chapter, is not eligible for issuance or renewal of an active license…

A person with an inactive license to practice medicine in this State who wishes to resume active practice shall submit an application for reactivation including: (1) a completed application form approved by the board; (2) the applicable reactivation fee; (3) documented evidence o…

A person submitting an application for renewal within one year after the expiration of the previous authorization period shall: (1) submit a completed application on a form provided by the board; (2) pay a renewal fee; (3) pay a late fee of one hundred dollars for any part of eac…

In addition to compliance with all of the terms and conditions for reinstatement of a licensee required in a final order of the board, the licensee shall provide documented evidence of compliance with all other requirements for reactivation or renewal of authorization to practice…

A final action of the board relating to the granting, refusal, or cancellation of a license is subject to review by the Administrative Law Court as provided pursuant to Article 5 of Chapter 23 of Title 1 on the record of the board, as in certiorari, upon petition of the applicant…

(A) Unless otherwise provided for in this chapter, Chapter 1, Title 40 applies to the profession or business regulated under this chapter. However, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control. (B) Unless t…

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50. (B) Initial fees must be established …

This article is known and may be cited as the "South Carolina Respiratory Care Practice Act".

As used in this article: (1) "Board" means the Board of Medical Examiners of South Carolina. (2) "Committee" means the Respiratory Care Committee which is established by this article as an advisory committee responsible to the board. (3) "Respiratory care or respiratory therapy" …

Individuals practicing as respiratory therapists and respiratory therapy technicians employed to provide respiratory therapy procedures for inpatients, outpatients, and home patients must be licensed in accordance with this article.

(A) This article does not affect: (1) a person employed to provide respiratory care by the United States government if the person provides respiratory care solely under the direction or control of the organization by which the person is employed; (2) a person actively pursuing a …

There is created the Respiratory Care Committee as an advisory committee to the board which consists of nine members to be appointed by the board. Five of the members must be respiratory care practitioners with at least five years' experience each, one member must be a consumer, …

The members shall serve for terms of four years and until their successors are appointed and qualify, except that initial terms of two practitioners, the consumer member, and one physician, are for two years. Vacancies must be filled in the manner of the original appointment for …

The committee shall meet at least twice each year and at other times as its regulations provide. The quorum for meetings consists of five members with no more than three of these being respiratory care practitioners. At its initial meeting the committee shall elect from its membe…

The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15, may employ additional staff as necessary for the performance of its duties under this article.

The board shall receive and account for all monies collected under the provision of this article and shall pay the monies to the State Treasurer for deposit in the state general fund.

(A) The committee shall evaluate the qualifications and supervise the examinations of applicants for licensure and shall make appropriate recommendations to the board. (B) The board may issue subpoenas, examine witnesses, and administer oaths, and may investigate allegations of p…

An applicant for licensure as a respiratory care practitioner shall file a written application on forms provided by the board showing to the satisfaction of the committee and the board that the applicant has successfully passed the entry-level examination given by the National Bo…

(A) The board may license as a respiratory care practitioner, upon payment of the fee set by the board, an applicant who is a respiratory therapist or a respiratory therapy technician of another state, territory, or the District of Columbia, if the requirements were substantially…

The board shall issue a license to any person who meets the requirements of this article upon payment of the license fee.

The board may issue a temporary license if all licensing requirements have been met.

(A) The committee may recommend to the board that it revoke, suspend, issue a public or private reprimand, or impose any other reasonable limitation or practice where the unprofessional, unethical, or illegal conduct of the respiratory care practitioner is likely to endanger the …

(A) Licenses issued under this article are subject to annual renewal and expire unless renewed in the manner prescribed by the regulations of the committee. The committee may recommend additional requirements for license renewal which provide evidence of continued competency. The…

The board and the committee shall prescribe fees in amounts recommended by the committee for: (1) initial licensure, not to exceed two hundred dollars; (2) renewal of license fee, not to exceed fifty dollars; (3) late renewal fee, not to exceed double renewal fee. The fees must b…

(A) Upon payment of a fee prescribed by the committee and approved by the board, the board may issue a limited license to practice respiratory care under the direct supervision of a licensed respiratory care practitioner to an applicant who presents written documentation, verifie…

(A) It is unlawful for any person who is not licensed under this article to hold himself out as a respiratory care practitioner, respiratory therapist, or a respiratory therapy technician. A person who holds himself out or practices as a respiratory care practitioner without bein…

A practitioner shall conduct himself or herself in accordance with the applicable codes of ethics adopted by the board in regulation.

This article may be cited as the "Acupuncture Act of South Carolina".

For purposes of this article: (1) "Acupuncture" means a form of health care developed from traditional and modern oriental concepts for health care that employs oriental medical techniques, treatment, and adjunctive therapies for the promotion, maintenance, and restoration of hea…

(A) There is established the Acupuncture Advisory Committee to be composed of five members to be appointed by the Board of Medical Examiners for terms of four years and until their successors are appointed and qualify. Three members must be licensed to practice acupuncture under …

(A) The committee may: (1) recommend regulations to the board relating to professional conduct to carry out the provisions of this article including, but not limited to, professional certification and the establishment of ethical standards of practice for persons holding a licens…

(A) Each applicant for a license to practice acupuncture shall: (1) submit a completed application as prescribed by the board; (2) submit fees as provided for in Section 40-47-800; (3) hold an active certification in acupuncture by the National Commission for the Certification of…

(A)(1) An acupuncturist who is currently approved by the board to practice acupuncture in this State, who has remained in good standing, and who has successfully completed a nationally recognized clean needle technique course approved by the board must receive initial licensure u…

(A) An applicant for a license to perform auricular therapy: (1) must be twenty-one years of age; (2) shall submit a completed application as prescribed by the medical board; (3) shall submit fees as provided for in Section 40-47-800; (4) shall provide evidence of certification a…

(A) An applicant for a license to perform auricular detoxification therapy: (1) must be at least twenty-one years of age; (2) shall submit a completed application as prescribed by the board; (3) shall submit fees as provided for in Section 40-47-800; (4) shall have successfully c…