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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

1,983 sections·Filtered byTitle 40✕

S.C. Code Ann. § 40-55-190 Health insurer not required to provide or pay for services
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Nothing in this chapter may be construed to require a health maintenance organization, a self-funded plan, an accident and health insurer, or any other third party payor to provide services or to pay for services provided for in this chapter. If payment or reimbursement for these…
S.C. Code Ann. § 40-55-20 State Board of Examiners in Psychology
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There is hereby created a State Board of Examiners in Psychology to be composed of three clinical psychologists, two counseling psychologists, one school psychologist, one psychologist who is licensed in experimental, social, industrial/organizational or community psychology, and…
S.C. Code Ann. § 40-55-30 Appointment of members of board; terms; vacancies
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All members of the board shall be appointed by the Governor. The South Carolina Psychological Association, the South Carolina Academy of Professional Psychologists, the South Carolina Association of School Psychologists and any individual, group, or association may nominate quali…
S.C. Code Ann. § 40-55-310 Purpose

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Page 27 of 40

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(A) The Psychology Interjurisdictional Compact (Psypact) is enacted into law and entered into by the State of South Carolina with any and all other states legally joining therein in the form substantially as follows. (B) The following principles form the basis for Psypact: (1) St…

S.C. Code Ann. § 40-55-320 Definitions

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As used in this article: (1) "Adverse action" means any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record. (2) "…

S.C. Code Ann. § 40-55-330 Home state licensure

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(A) The home state shall be a compact state where a psychologist is licensed to practice psychology. (B) A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where…

S.C. Code Ann. § 40-55-340 Compact privilege to practice telepsychology

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(A) Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with Section 40-55-330, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice inte…

S.C. Code Ann. § 40-55-350 Compact temporary authorization to practice

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(A) Compact states also shall recognize the right of a psychologist, licensed in a compact state in conformance with Section 40-55-330, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the compact. (B) To e…

S.C. Code Ann. § 40-55-360 Conditions of telepsychology practice in a receiving state

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A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the …

S.C. Code Ann. § 40-55-370 Adverse actions

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(A) A home state shall have the power to impose adverse action against a psychologist's license issued by the home state. A distant state shall have the power to take adverse action on a psychologist's temporary authorization to practice within that distant state. (B) A receiving…

S.C. Code Ann. § 40-55-380 Additional authorities invested in a compact state's psychology regulatory authority

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(A) In addition to any other powers granted under state law, a compact state's psychology regulatory authority shall have the authority under this compact to: (1) issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and th…

S.C. Code Ann. § 40-55-390 Coordinated licensure information system

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(A) The commission shall provide for the development and maintenance of a coordinated licensure information system (coordinated database) and reporting system containing licensure and disciplinary action information on all psychologists to whom this compact is applicable in all c…

S.C. Code Ann. § 40-55-40 Powers and duties of board

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The board shall: (a) Annually elect a chairman and such other officers as it may deem necessary; (b) Hold at least one regular meeting each year and such additional meetings as called by the chairman or upon written request of any two members; (c) Adopt a seal which must be affix…

S.C. Code Ann. § 40-55-400 Establishment of the Psychology Interjurisdictional Compact Commission

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(A)(1) The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission. (2) The commission is a body politic and an instrumentality of the compact states. (3) Venue is proper and judicial proceedings by or agains…

S.C. Code Ann. § 40-55-410 Rulemaking

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(A) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (B) If a majority of the legislatures of the …

S.C. Code Ann. § 40-55-420 Oversight; dispute resolution; enforcement

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(A)(1) The executive, legislative, and judicial branches of state government in each compact state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated h…

S.C. Code Ann. § 40-55-430 Date of implementation; associated rules; withdrawal; amendments

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(A) The compact shall come into effect on the date on which the compact is enacted into law in the seventh compact state. The provisions which become effective at that time shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules…

S.C. Code Ann. § 40-55-440 Construction and severability

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This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining compact states.

S.C. Code Ann. § 40-55-50 Acts constituting practice as psychologist

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(A) A person practices as a psychologist within the meaning of this chapter when that person holds himself or herself out as a psychologist or applies the principles, methods, or procedures of psychology in the conduct of any of the following activities: (1) Assessment of individ…

S.C. Code Ann. § 40-55-55 Licensure requirement

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It is unlawful for a person to engage in the practice of psychology in this State without obtaining a license from the board, except as otherwise authorized by this chapter.

S.C. Code Ann. § 40-55-60 Code of ethics; limits of psychological practice; list of licensed psychologists

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The board may adopt the code of ethics for psychologists to govern the practices and conduct of psychologists licensed under this chapter. Whenever important aspects of a case fall outside the boundaries of the psychologist's competence, the psychologist shall consult appropriate…

S.C. Code Ann. § 40-55-70 Use of titles incorporating word "psychologist," or similar words; activities of unlicensed persons not prohibited

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It shall be unlawful for any person not licensed under this chapter to present himself or be presented to the public by any title incorporating the name "psychologist," "psychological," or "psychology," except that any psychological scientist employed by a recognized research lab…

S.C. Code Ann. § 40-55-80 Application for license; qualifications of applicants

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To be licensed as a psychologist a person shall make application to the Board of Examiners in Psychology upon forms and in such manner as prescribed by the board. A candidate for licensure shall furnish the board with: (1) references of individuals having personal knowledge of th…

S.C. Code Ann. § 40-55-85 Board to promulgate regulations for continuing education requirements

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The board shall promulgate regulations in accordance with the provisions of Chapter 23 of Title 1 (Administrative Procedures Act) implementing the requirements for continuing education which must be met by each person licensed as a psychologist under the provisions of this chapte…

S.C. Code Ann. § 40-55-90 Exemptions

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(A) This chapter does not require these persons to obtain a license pursuant to this chapter: (1) a licensed member of another profession who is regulated by the Department of Labor, Licensing and Regulation and who is rendering services of a psychological nature, if the person: …

S.C. Code Ann. § 40-56-1 Policy and purpose

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It is the policy of this State, and the purpose of this chapter, to promote the safety of the public and the environment by effective regulation of pyrotechnics. Public safety requires that persons who handle pyrotechnics have demonstrated their qualifications, that they adhere t…

S.C. Code Ann. § 40-56-10 State Board of Pyrotechnic Safety

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(A) The State Board of Pyrotechnic Safety is composed of seven members appointed by the Governor. One appointee must be employed by a local fire authority, one must be a pyrotechnics retailer, one must be a pyrotechnics wholesaler, one must be a law enforcement representative, an…

S.C. Code Ann. § 40-56-100 Issuance of cease and desist order, or petition for temporary restraining order or other equitable relief

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In addition to other remedies provided for in this chapter, the board pursuant to Chapter 1 may issue a cease and desist order or may petition the Administrative Law Court for a temporary restraining order or other equitable relief to enjoin a violation of this chapter or a regul…

S.C. Code Ann. § 40-56-115 Jurisdiction of board

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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. § 40-56-120 Discipline

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(A) Upon a determination by the board that grounds for discipline exist, the board is authorized to: (1) issue a public reprimand; (2) impose a civil penalty not to exceed two thousand five hundred dollars; (3) place a licensee on probation or restrict or suspend a license for a …

S.C. Code Ann. § 40-56-130 License denial based on same grounds for discipline

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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. § 40-56-140 License denial based on prior criminal record

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

S.C. Code Ann. § 40-56-150 Voluntary surrender of license

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

S.C. Code Ann. § 40-56-160 Review of board decision

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A person aggrieved by a final action of the board may seek review of the decision pursuant to Chapter 1.

S.C. Code Ann. § 40-56-170 Payment of investigation and prosecutions costs

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

S.C. Code Ann. § 40-56-180 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.

S.C. Code Ann. § 40-56-190 Confidentiality of investigations and proceedings

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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.

S.C. Code Ann. § 40-56-20 Definitions

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As used in this chapter: (1) "APA" means the American Pyrotechnics Association. (2) "Board" means the State Board of Pyrotechnic Safety. (3) "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the const…

S.C. Code Ann. § 40-56-200 Penalties; fire codes and regulations adopted by State Fire Marshal

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(A) A person required by this chapter to obtain a license to do business in this State, who has not obtained a license or who operates while his license is suspended or revoked or who violates a provision of this chapter or a regulation promulgated pursuant to this chapter, is gu…

S.C. Code Ann. § 40-56-210 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 as provided for in Chapter 1.

S.C. Code Ann. § 40-56-220 Facilities must comply with regulations; consumer fireworks must comply with federal standards; small bottle rocket sale and use not legal; no sale of fireworks to anyone under sixteen

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(A) All facilities for the manufacturing, sales, or storage of fireworks must comply with regulations established by the board. (B) All consumer fireworks must comply with standards set by the U.S. Department of Transportation and the CPSC for consumer fireworks. The board may re…

S.C. Code Ann. § 40-56-230 Insurance

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(A) An application for a retail fireworks sales license must be accompanied by evidence that the applicant holds a policy that: (1) provides public liability insurance coverage for retail sales activities at the location for the permitted sale period; (2) is issued by an insuranc…

S.C. Code Ann. § 40-56-240 Wholesale licenses; display fireworks

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(A) A person may not store display fireworks in this State unless the person has obtained a wholesale license from the board. (B) Only licensed wholesalers shall sell or provide fireworks for displays. (C) All buildings and structures used to store display fireworks must meet reg…

S.C. Code Ann. § 40-56-250 Orders of board to remove or correct hazardous condition; administrative citations and administrative penalties

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(A) If the board or its designee finds a condition as a result of an inspection, that is hazardous to the public safety or a violation of this chapter or regulations promulgated pursuant to this chapter, the board shall issue an order in writing to remove or correct the condition…

S.C. Code Ann. § 40-56-260 Report to board of any fire or explosion

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An owner, manager, or operator of any location regulated by this chapter shall report to the board within twenty-four hours of any fire or explosion of which the person has knowledge, with as complete detail as possible, together with evidence as he has obtained after investigati…

S.C. Code Ann. § 40-56-270 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, which can be given effect without the invalid provisions, or application, and to this end…

S.C. Code Ann. § 40-56-30 Noncompliance with chapter unlawful

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It is unlawful for a person to engage in the manufacturing, storage, or sale of pyrotechnics unless in compliance with this chapter.

S.C. Code Ann. § 40-56-35 License required for manufacture, sale, or storage of fireworks; exceptions

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(A) Except as otherwise provided for in this section, a person, firm, or entity that manufactures, sells, or stores fireworks shall obtain a license issued by the board pursuant to this chapter. General license requirements are as follows: (1) A license may not be issued to anyon…

S.C. Code Ann. § 40-56-5 Applicability

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Unless otherwise provided for in this chapter, Chapter 1, Title 40 applies to the Board of Pyrotechnic Safety and licensees regulated under this chapter. If there is a conflict between this chapter and Chapter 1, the provisions of this chapter control.

S.C. Code Ann. § 40-56-50 Administrative support

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The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspection, clerical, secretarial, and license renewal operations and activities of the board pursuant to Chapter 1.