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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

1,983 sections·Filtered byTitle 40✕

S.C. Code Ann. § 40-22-60 Rules and regulations; seal; input to department
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(A) The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. The board shall adopt and have an official seal. (B) The board may promulgate regulations defining the requirements for licensure for each…
S.C. Code Ann. § 40-22-70 Additional powers and duties
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In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.
S.C. Code Ann. § 40-22-75 Waiver of licensing requirements during emergencies
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The board may waive all licensing and credentialing requirements of this chapter during a declared national or state public emergency, not to exceed ninety days. The board shall establish the conditions as may be appropriate to enable engineers properly licensed in other jurisdic…
S.C. Code Ann. § 40-22-80 Investigations of violations; subpoenas; administration of oaths and taking of testimony; charges
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Showing 551–600 of 1,983

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(A) If the board or the director of the Department of Labor, Licensing and Regulation has reason to believe that a person has violated a provision of this chapter or a regulation promulgated under this chapter or if a person files a written complaint with the board or the directo…

S.C. Code Ann. § 40-22-90 Presentation of investigation results; hearing; notification of accused

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(A) The results of an investigation 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 engineering or surveying, the board, in accordance with the Administrative Procedures Act, may take d…

S.C. Code Ann. § 40-23-10 Environmental Certification Board; creation; membership; terms

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(A) There is created the South Carolina Environmental Certification Board composed of nine members appointed by the Governor. Of the nine members, one must be a licensed public water treatment operator and one must be a licensed public water distribution system operator; two must…

S.C. Code Ann. § 40-23-100 Board authorized to seek remedies for violations; immunity; bonds

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In addition to all other remedies and immunities provided for in this chapter, the board and its members have the authority to seek remedies for violations of this chapter and regulations promulgated under this chapter, and have the associated immunities for its actions, as provi…

S.C. Code Ann. § 40-23-105 Recovery of payment for regulated services by unlicensed provider; limitations

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(A) If a person has made payment for services subject to regulation by this chapter, the person has a cause of action in magistrate's court or the court of common pleas, as appropriate, for recovery of the payment, plus reasonable costs and attorney's fees, if the person providin…

S.C. Code Ann. § 40-23-110 Disciplinary action; grounds

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(A) In addition to the grounds for disciplinary action provided in Section 40-1-110, the board may revoke, suspend, or otherwise restrict a licensee's right to practice or reprimand or otherwise discipline a licensee if, upon a satisfactory showing to the board, the licensee: (1)…

S.C. Code Ann. § 40-23-115 Board jurisdiction

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(A) The board has jurisdiction over the actions committed or omitted by current and former licensees during the entire period of licensure. (B) The board has jurisdiction to act on any matter which arose prior to any licensee's period of licensure by the board where the matter re…

S.C. Code Ann. § 40-23-120 Sanctions and other disciplinary actions

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In addition to any and all sanctions provided for in this chapter, the board has the authority to impose sanctions and take other actions as provided by Section 40-1-120 in all proceedings before the board. Further, the board may take any other appropriate disciplinary action aga…

S.C. Code Ann. § 40-23-130 Licensure denial

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The board may deny licensure to an applicant as provided by Section 40-1-130.

S.C. Code Ann. § 40-23-140 Licensure denial; prior criminal record

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The board may deny licensure to an applicant based upon the applicant's prior criminal record as provided in Section 40-1-140.

S.C. Code Ann. § 40-23-150 License; voluntary surrender

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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 Section 40-1-150. A voluntary surrender does not deprive the board of jurisdiction to pursue any pending or futur…

S.C. Code Ann. § 40-23-160 Appeal

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A party aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.

S.C. Code Ann. § 40-23-170 Costs

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A person found in violation of this chapter or regulations or standards 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.

S.C. Code Ann. § 40-23-180 Costs and fines; collection and enforcement

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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 Section 40-1-180.

S.C. Code Ann. § 40-23-190 Confidentiality of initial investigations; formal complaints open to public; communications privileged; respondent's due process rights preserved

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(A) Except as otherwise provided by law, all initial complaints, investigations, proceedings, records, and information relating to allegations of misconduct or incapacity are confidential and must not be disclosed to the public. A record published, released, or made public must n…

S.C. Code Ann. § 40-23-20 Definitions

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When used in this chapter: (1) "Abate" or "abatement" refers to actions taken to ameliorate or correct conditions requiring remediation as defined in this section. (2) "Accessible supervision" means the supervisor is on-site or immediately available to supervised persons via tele…

S.C. Code Ann. § 40-23-200 Unauthorized practice; penalty

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A person who practices or offers to practice in this State in violation of this chapter or a regulation promulgated under this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be impris…

S.C. Code Ann. § 40-23-210 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 in accordance with Section 40-1-210.

S.C. Code Ann. § 40-23-220 Severability

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The severability provisions of Section 40-1-220 apply to any determination that a provision of this chapter, or the application of a provision of this chapter to a person or circumstance, is invalid.

S.C. Code Ann. § 40-23-230 Issuance, renewal, and reinstatement of licenses; notification of address change

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(A) The board may issue a license to an applicant if he satisfies all licensure requirements of this chapter. A license confers a personal right and is not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licens…

S.C. Code Ann. § 40-23-240 Reciprocity agreements; licensure of person credentialed in another jurisdiction

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(A) The board may enter into a reciprocal agreement with another jurisdiction of the United States that credentials any licensed activities regulated by this chapter if the board finds the jurisdiction has substantially the same or higher licensure criteria as are required by thi…

S.C. Code Ann. § 40-23-250 License as prerequisite to practice or offer to practice

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No person may practice or offer to practice any licensed activity regulated by this chapter or use any advertisement, business card, or letterhead or make any other verbal or written communication asserting or suggesting that the person is available to engage in any licensed acti…

S.C. Code Ann. § 40-23-260 Continuing education; code of ethics

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The board may establish continuing education requirements and a code of ethics in regulations. The absence of an adopted code of ethics does not prevent the board from finding a licensee is guilty of unethical or unprofessional conduct.

S.C. Code Ann. § 40-23-270 Exceptions from application of chapter

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This chapter does not apply to: (1) salaried employees performing duties for which they were trained and hired solely within a federal or state governmental agency; (2) persons constructing, opening, or closing wells on their own property; (3) persons constructing, opening, or cl…

S.C. Code Ann. § 40-23-280 Requirements, proof, and initiation of claim on bond

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(A) If an applicant is required to provide proof of a bond in order to receive a license pursuant to this chapter, the bond must: (1) be payable for losses because of defective construction or performance by the bond principal or the principal's agents operating in the course and…

S.C. Code Ann. § 40-23-30 Environmental systems operator licensure requirement

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It is unlawful for a person to practice as an environmental systems operator in this State without prior authorization through licensure in accordance with this chapter.

S.C. Code Ann. § 40-23-300 Certification classifications

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(A) A person employed as an operator of a public water treatment facility must hold a water treatment operator license issued by the board in the certification class required by this section. The required certification class must be determined based upon the treatment group of th…

S.C. Code Ann. § 40-23-305 Wastewater treatment operator licenses

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A person employed as an operator of a public wastewater treatment plant must hold a wastewater treatment operator license issued by the board in the certification class required by this section and the regulations of the board. The required certification class must be determined …

S.C. Code Ann. § 40-23-310 Water distribution system operator licenses

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(A) A person employed as an operator of a public water distribution system facility must hold a water distribution system operator license issued by the board in the certification class as required by this section. The required certification class must be determined based upon th…

S.C. Code Ann. § 40-23-320 Well drilling licenses; categories; classes

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(A) Well drilling licenses must be issued in one of three well drilling categories—environmental wells, coastal wells, and rock wells—and in one of four classes—Class "D", Class "C", Class "B", and Class "A". However, a Class "A" licensee is authorized to practice in all three we…

S.C. Code Ann. § 40-23-340 Well driller practice categories; restrictions

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(A)(1) A well driller authorized to practice as an environmental well driller may engage in the drilling of environmental wells of construction Types I through VI, inclusive, as these wells are defined by Section 40-23-20. However, these wells must be constructed in accordance wi…

S.C. Code Ann. § 40-23-40 Purpose of board

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The purpose of the Environmental Certification Board is to protect the general public through the regulation of persons engaged in occupations appointed by the legislature for regulation by the board. These occupations are referred to in this chapter, collectively, as "environmen…

S.C. Code Ann. § 40-23-5 Application of chapter; conflict of laws

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Unless otherwise provided in this chapter, Article 1 of Chapter 1, Title 40, applies to the Environmental Certification Board and its licensees regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Chapter 1 of Title 40, t…

S.C. Code Ann. § 40-23-60 Conducting election of officers and board meetings; rules and regulations promulgation

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The board shall conduct election of officers and board meetings as provided by Section 40-1-60. The board may adopt rules governing its proceedings and internal operations and may promulgate regulations and adopt standards as necessary to carry out the provisions of this chapter.

S.C. Code Ann. § 40-23-70 Powers and duties

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In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-10, et seq.

S.C. Code Ann. § 40-23-80 Conduct of investigations

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Investigations pursuant to this chapter must be conducted as provided in Section 40-1-80.

S.C. Code Ann. § 40-23-90 Investigation by board of initial complaints; authorizing department to issue formal complaint for disciplinary action

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Presentation of results of an investigation and proceedings pursuant to this chapter must be conducted as provided in Section 40-1-90. The board may receive complaints by any person against a licensee and may require the complaints to be submitted in writing, specifying the exact…

S.C. Code Ann. § 40-23-95 Administrative citations; cease and desist orders; protest hearings; appeals; disciplinary hearings; enforcement of contracts

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(A) The department may issue administrative citations and cease and desist orders, in person or by certified mail, and may assess administrative penalties against any person for a violation of this chapter. (B)(1) The department may issue separate citations and assess separate ad…

S.C. Code Ann. § 40-24-10 Definitions

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For purposes of this chapter: (1) "Contact lenses" means a lens placed directly on the surface of the eye, regardless of whether it is intended to correct a visual defect, and includes, but is not limited to, cosmetic, therapeutic, and corrective lenses. (2) "Dispense" means the …

S.C. Code Ann. § 40-24-20 Valid prescription required to dispense spectacles or contact lenses; penalties

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(A) A person in this State may not dispense spectacles or contact lenses to a patient without a valid prescription from a provider. (B) To be valid, a prescription must contain an expiration date on spectacles or contact lenses of one year from the date of examination by the prov…

S.C. Code Ann. § 40-25-10 Citation of Act

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This chapter may be cited as the "Practice of Specializing in Hearing Aids Act".

S.C. Code Ann. § 40-25-100 Issuance of licenses; fees; issuance of certificates to persons licensed in other states

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(A) The department shall register each applicant without discrimination or examination who satisfactorily passes the experience requirement in Section 40-25-90 or passes an examination in Section 40-25-110 and upon the applicant's payment of a fee set by the department through re…

S.C. Code Ann. § 40-25-110 Qualifications of applicants for examinations; conduct of examinations

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(A) An applicant may obtain a license by successfully passing a qualifying examination if he: (1) is at least twenty-one years of age; (2) has an education equivalent to a four-year course in an accredited high school. (B) [Reserved] (C) An applicant for license by examination sh…

S.C. Code Ann. § 40-25-120 Temporary permits

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(A) A person who fulfills the requirements regarding age and education in Section 40-25-110 may obtain a temporary permit upon application to the department. Previous experience or a waiting period is not required to obtain a temporary permit. (B) Upon receiving an application un…

S.C. Code Ann. § 40-25-130 Content of examination

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The qualifying examination in Section 40-25-110 must be designated to demonstrate the applicant's adequate technical qualifications by: (1) tests of knowledge in the following areas as they pertain to the practice of specializing in hearing aids: (a) basic physics of sound; (b) a…

S.C. Code Ann. § 40-25-140 Business addresses of licensees; notices mailed by department

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(A) A person who holds a license shall notify the department in writing of the regular address of the place where he engages or intends to engage in the practice of specializing in hearing aids. (B) The department shall keep a record of the place of business of licensees. (C) Not…

S.C. Code Ann. § 40-25-150 Renewal of licenses; display at place of business; continuing education requirements; approval of continuation education training programs

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(A) A person who engages in the practice of specializing in hearing aids before the license expiration date shall pay to the department a fee set by the department through regulation for issuance or a renewal of his license. The license must be posted conspicuously in his office …