Title 40, Professions and Occupations

Nothing in this chapter may be construed to require direct third-party reimbursement to persons licensed under this chapter.

(A) It is unlawful for a person not licensed under this chapter, or whose license has been suspended or revoked by the panel, to hold himself or herself out as a dietitian, licensed dietitian, alone or in combination, or use with the letters "LD" or any facsimile or combination i…

In addition to the definitions pursuant to Article 1, Chapter 1: (1) "Dietetics" means the integration and application of dietary principles derived from the science of nutrition, biochemistry, physiology, food, and management and from behavioral and social sciences to achieve an…

It is unlawful for a person not licensed under this chapter, or whose license has been suspended or revoked by the panel, to hold himself or herself out as a dietitian, licensed dietitian, alone or in combination, or use with the letters "LD" or any facsimile or combination in an…

(A) There is created the South Carolina Panel for Dietetics under the administration of the Department of Labor, Licensing and Regulation composed of the following seven members to be appointed by the Governor with the advice and consent of the Senate: (1) One member shall repres…

Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to dietitians regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter…

(A) The duties of the panel are to advise the department in the development of regulations, statutory revisions, and such other matters as the department may request in regard to the administration of this chapter. (B) The panel shall also conduct hearings on alleged violations o…

(A) The panel must be administered by the department in accordance with Chapter 1 of Title 40. The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities. (B) Fees must be assessed, co…

An applicant for licensure as a dietitian shall file an application provided by the department and demonstrate by acceptable evidence that he or she: (1) has successfully completed the requirements for current registration as a registered dietitian by the Commission on Dietetic R…

An applicant for licensure who has obtained his or her education outside of the United States and its territories must meet the requirements for current registration as a registered dietitian by the Commission on Dietetic Registration.

(A) The panel may recommend additional requirements for license renewal to obtain evidence of a dietitian's continued competency. The department may provide for the late renewal of a license upon payment of a late fee. (B) A license automatically reverts to inactive status if the…

(A) There is created the South Carolina State Board of Registration for Professional Engineers and Surveyors under the administration of the Department of Labor, Licensing and Regulation. The purpose of the board is to protect the health, safety, and welfare of the public by ensu…

(A) As provided for in Section 40-1-100, when the board has reason to believe that a person is violating or intends to violate a provision of this chapter or a regulation promulgated under this chapter, in addition to all other remedies, it may order the person immediately to cea…

(A) The board may seek administrative fines, pursuant to Section 40-1-120 or seek criminal penalties against a person or firm found guilty of unlicensed practice of engineering or surveying. In addition to the grounds provided for in Section 40-1-110, the board may cancel, suspen…

The board has jurisdiction over practice undertaken by nonlicensed individuals and firms and the actions committed or omitted by current and former licensees during the entire period of licensure. The board has jurisdiction to act on any matter which arises during the practice au…

(A) If a majority of the board sustains the charges against the offending party, the board may levy a civil fine, as well as reprimand, suspend, refuse licensure, require requalification, or revoke the certificate of registration, as appropriate. (B) The board may require the off…

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.

As provided for in Section 40-1-140, a license may not be denied solely based on a person's prior criminal record.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license to practice in accordance with and subject to the provisions of Section 40-1-150.

A person aggrieved by a final action of the board may seek review of the decision to the Administrative Law Court in accordance with Section 40-1-160.

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 Section 40-1-170.

(A) All fines are payable immediately upon imposition. Unless the fine is paid within sixty days after the order becomes final, the order constitutes a judgment and must be filed and execution issued on the judgment in the same manner as the judgment of a court of common pleas. I…

To the extent provided in Section 40-1-190, investigations and proceedings conducted under this chapter are confidential and all communications are privileged. Notwithstanding the provisions of this section, a final order of the board disciplining a licensee is public information…

In order to safeguard life, health, and property and to promote the public welfare, the practice of the profession of engineering and surveying in this State is subject to regulation. It is the policy of this State and the purpose of this chapter to encourage the development of p…

As used in this chapter: (1) "ABET" means the Accreditation Board for Engineering and Technology. "EAC" means the Engineering Accreditation Commission of ABET. "TAC" or "ETAC" means the Engineering Technology Accreditation Commission of ABET. (2) "Approved engineering curriculum"…

A person who violates a provision of this chapter or a regulation promulgated pursuant to this chapter or who commits any of the following violations is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than six months or fined not less than five hundr…

To enforce this chapter or to restrain a violation of this chapter, the department, on behalf of the board, may petition an administrative law judge for an injunction in the name of the State as provided generally in civil cases. In these proceedings: (1) It is not necessary to e…

(A) A person having the necessary qualifications prescribed in this chapter to entitle him to registration is eligible for licensure. A person must be certified as an engineer-in-training as a prerequisite to licensure. (B) To be eligible for certification as an engineer-in-train…

(A) Through June 30, 2020, individuals who have graduated in an ETAC/ABET or TAC/ABET engineering technology curriculum of four or more years and who have a specific record after graduation of eight or more years of experience in engineering work of a character satisfactory to th…

(A) A person having the necessary qualifications prescribed in this chapter to entitle him for a license is eligible for licensure. (B) To be eligible for certification as a surveyor-in-training, an applicant must be of good character and reputation and be able to communicate eff…

(A) Applications for licensure must be on forms prescribed and furnished by the board and must contain statements made under oath showing the applicant's education and a detailed summary of his technical work. (1) The application for engineering licensure must contain no fewer th…

(A)(1) Every professional engineer and professional surveyor licensed under this chapter who decides to continue the practice of his profession shall, biennially during the month of June, pay the board a fee sufficient to support the costs of the board's operations, to be determi…

(A) The board may allocate up to ten dollars of each renewal fee to the South Carolina Engineers and Surveyors Education and Research Fund, which must be established as a separate and distinct account and used exclusively for: (1) advancement of education and research for the ben…

(A) The practice of or offer to practice professional engineering or surveying through a firm is permitted only through entities holding a valid certificate of authorization issued by the board. For the purposes of this section a certificate of authorization is also required for …

(A) Upon application to and approval by the board and payment of the fee provided in regulation, the board shall grant a temporary license for engineering work on one specified project in this State for a period not to exceed one year to an engineer who has recently become a resi…

Each licensee and each firm practicing under a certificate of authorization shall obtain a seal of the design authorized by the board and must comply with the following: (1) Individual seals must be under the personal custody and control of the licensee and bear the licensee's na…

(A) This chapter may not be construed to prevent or to affect: (1) the practice of any other regulated profession or trade where the practice of the profession or trade may legitimately overlap the professions regulated by this chapter; (2) the work of an employee or other subord…

The practice of TIER A surveying does not include: (1) the creation of nontechnical maps: (a) prepared by private firms or government agencies for use as guides to motorists, boaters, aviators, or pedestrians; (b) prepared for publication in a gazetteer or atlas as an education t…

(A) A licensed engineer or surveyor who voluntarily, without compensation, provides structural, electrical, mechanical, or other engineering services or surveying services at the scene of a declared national or state emergency, at the request of the Governor, is not liable for an…

(A) In addition to those penalties provided for in Section 40-1-200 and in order to safeguard life, health, and property and to promote the public welfare, it is unlawful for a: (1) person in a public or private capacity to practice or offer to practice engineering or surveying w…

The board shall promulgate regulations for the practice of engineering in this State by engineers and engineering firms located in foreign countries. In promulgating these regulations, the board must consider requirements prescribed by this chapter and other requirements as may b…

Except where inappropriate, regulations promulgated pursuant to Chapter 21, Title 40 of the 1976 Code are considered to be promulgated pursuant to Chapter 22.

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 provision or application, and to this end th…

A board member candidate from the general public may be nominated by an individual, group, or association. The public member must be appointed to the board by the Governor in accordance with Section 40-1-45.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to those professions of engineering and surveying regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title …

(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. (B) The board shall promulgate examination, licensing, and registration …