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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 · 1,957 sections in this title.

All chapters in Title 401,957 Ch 47, Title 40, Chapter 47154 Ch 15, Title 40, Chapter 1560 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 3351 Ch 11, Title 40, Chapter 1150 Ch 63, Title 40, Chapter 6347 Ch 45, Title 40, Chapter 4546 Ch 67, Title 40, Chapter 6746 Ch 36, Title 40, Chapter 3645 Ch 7, Title 40, Chapter 743 Ch 57, Title 40, Chapter 5743

1,957 sections·Filtered byTitle 40✕

S.C. Code Ann. § 40-33-36 Issuance of licenses; temporary or limited licenses
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(A) The board shall examine all candidates for licensure as nurses, pass upon their qualifications to practice nursing in this State, and issue each successful applicant a license. A license is the property of the State and subject to return upon demand. (B) A license must be iss…
S.C. Code Ann. § 40-33-37 Volunteer licenses
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(A) The board may issue a volunteer license without a fee to a retired nurse, upon written application, to donate nursing services through one specific charitable organization approved by the board if the nurse: (1) has been granted inactive status and has practiced not less than…
S.C. Code Ann. § 40-33-38 Renewal of licenses
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(A) A license issued pursuant to this chapter may be renewed biennially or as otherwise provided by the board in regulation. A licensee who has not demonstrated continuing nursing competence, as required by this chapter, is not eligible for renewal or issuance of an active licens…
S.C. Code Ann. § 40-33-39 Identification badges
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A licensed nurse must clearly identify himself or herself as officially licensed by the board. A licensed nurse shall wear a clearly legible identification badge or other adornment at least one inch by three inches in size bearing the nurse's first or last name, or both, and titl…

Showing 751–800 of 1,957

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S.C. Code Ann. § 40-33-40 Demonstration of competency for initial and renewal of licenses

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(A) Demonstration of competency for initial licensure requires documented evidence of the following: (1) graduation from an approved nursing education program; and (2) successful completion of the NCLEX appropriate to the area of licensure and appropriate credentials for advanced…

S.C. Code Ann. § 40-33-41 Request for inactive status

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Upon request on a form provided by the board and payment of the applicable fee, the board shall place a person on the official inactive status if the person is currently licensed under this chapter and does not meet the minimum continued competency requirement for renewal or wish…

S.C. Code Ann. § 40-33-42 Delegation of tasks to unlicensed assistive personnel

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(A) An advanced practice registered nurse, registered nurse, or licensed practical nurse is responsible for the delegation and supervision of nursing tasks to unlicensed assistive personnel. Tasks that may be assigned to unlicensed assistive personnel must be stated in the employ…

S.C. Code Ann. § 40-33-43 Provision of medications in certain facilities by selected unlicensed persons; creation of Medication Technician Certification Program; Medication Technician Registry

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In intermediate care facilities for persons with intellectual disability as defined in Article 3, Chapter 7, Title 44, community residential care facilities as defined in Article 3, Chapter 7, Title 44, nursing homes as defined in Article 3, Chapter 7, Title 44, and correctional …

S.C. Code Ann. § 40-33-44 Exceptions to supervision requirements for licensed practical nurses

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Notwithstanding any other provision of law, requiring the practice of practical nursing to be performed under the direction of an advanced practice registered nurse, registered nurse, licensed physician, or licensed dentist, a licensed practical nurse may provide nursing care aut…

S.C. Code Ann. § 40-33-5 Application of Chapter 1, Article 1; conflicts

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Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to the profession of nursing. However, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.

S.C. Code Ann. § 40-33-50 Administrative support of board activities; establishment of fees

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(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 …

S.C. Code Ann. § 40-33-70 Code of ethics

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Nurses shall conduct themselves in accordance with the code of ethics adopted by the board in regulation.

S.C. Code Ann. § 40-33-80 Investigation of complaints and violations

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The department shall investigate complaints and violations of this chapter as provided in Section 40-1-80.

S.C. Code Ann. § 40-33-90 Administration of oaths

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In addition to the powers and duties enumerated in Section 40-1-90, the presiding officer of the board may administer oaths when taking of testimony upon any and all matters pertaining to the business or duties of the board.

S.C. Code Ann. § 40-35-10 South Carolina Board of Long Term Health Care Administrators; membership; meetings

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(A) There is created the South Carolina Board of Long Term Health Care Administrators composed of nine members who must be appointed by the Governor, with the advice and consent of the Senate, for three-year terms and until their successors are appointed and qualify. Of the nine …

S.C. Code Ann. § 40-35-100 Cease and desist orders; temporary restraining orders

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In addition to other remedies provided for in this chapter, the board in accordance with Chapter 1 also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter…

S.C. Code Ann. § 40-35-110 Misconduct

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Misconduct, which constitutes grounds for revocation, suspension, or other restriction of a license or a limitation or other discipline of a licensee, is a satisfactory showing to the board of any grounds for disciplinary action stated in Chapter 1 or: (1) acting in a manner inco…

S.C. Code Ann. § 40-35-115 Jurisdiction

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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. § 40-35-120 Disciplinary action; civil penalties; documentation of participation in education or treatment program

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(A) The board may take disciplinary action against a person as provided for in Chapter 1. (B) The board may assess civil penalties of not more than one thousand dollars per violation, not to exceed a total of ten thousand dollars. (C) The board may require documented participatio…

S.C. Code Ann. § 40-35-130 Denial of licensure

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As provided for in Chapter 1, 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. § 40-35-150 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.

S.C. Code Ann. § 40-35-160 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.

S.C. Code Ann. § 40-35-170 Payment of investigation and prosecution costs

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

S.C. Code Ann. § 40-35-180 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 and to the collection provisions of the Department of Revenue for delinquent fines.

S.C. Code Ann. § 40-35-190 Confidentiality of investigations and proceedings

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Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Chapter 1.

S.C. Code Ann. § 40-35-20 Definitions

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As used in this chapter: (1) "Accredited college or university" means a college or university whose accreditation is recognized by the Council on Higher Education Accreditation and the United States Department of Education. (2) "Board" means the South Carolina Board of Long Term …

S.C. Code Ann. § 40-35-200 Licensure requirement; criminal and civil penalties for violation

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(A) It is unlawful for a person to administer, manage, or supervise, or be in administrative charge of a nursing home, community residential care facility, or habilitation center for persons with intellectual disability or persons with related conditions, unless the person is lic…

S.C. Code Ann. § 40-35-210 Injunctive relief

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The department, at the written request of the board and in accordance with Chapter 1, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.

S.C. Code Ann. § 40-35-250 Construction of chapter

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The provisions of this chapter are intended to be consistent with the applicable federal and state law and must be so construed, whenever necessary, to achieve this consistency.

S.C. Code Ann. § 40-35-260 Severability

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In the event that any provision of this chapter is declared unconstitutional or invalid or that the application of any provision to any person or circumstance is held invalid, the applicability of the provision to other persons and circumstances and the constitutionality or valid…

S.C. Code Ann. § 40-35-30 Supervision of facilities and centers by licensed administrators

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(A) A nursing home or community residential care facility within this State may not operate except under the supervision of an administrator licensed in accordance with this chapter. (B) A habilitation center for persons with intellectual disability or persons with related condit…

S.C. Code Ann. § 40-35-40 Issuance of license; qualifications and requirements

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(A) The board shall issue a nursing home administrator license to a person who submits evidence satisfactory to the board that the person: (1) is at least twenty-one years of age; (2) has not been convicted of any criminal act that is relevant to the practice of nursing home admi…

S.C. Code Ann. § 40-35-45 Transferability of license; renewal and reinstatement; licensure of persons holding license in another jurisdiction

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(A) A nursing home administrator's license or a community residential care facility administrator's license is not transferable. (B) A license must be renewed upon dates established by the department. A licensee must submit an application for renewal, payment of the renewal fee, …

S.C. Code Ann. § 40-35-5 Applicability; conflicts of law

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Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to the regulation of nursing home administrators and residential care facility administrators; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter…

S.C. Code Ann. § 40-35-50 Fees

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(A) Initial fees must be established by the board in regulation and shall serve as the basis for necessary adjustments in accordance with Chapter 1. (B) Licensure application fees are nonrefundable.

S.C. Code Ann. § 40-35-60 Rules and regulations

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The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.

S.C. Code Ann. § 40-35-70 Additional powers and duties of the board

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In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Chapter 1.

S.C. Code Ann. § 40-35-80 Investigation of complaints and violations

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The department on behalf of the board shall investigate complaints and violations of this chapter as provided for in Chapter 1.

S.C. Code Ann. § 40-35-90 Disciplinary action in accordance with Administrative Procedures Act

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The board in accordance with the Administrative Procedures Act may take disciplinary action authorized by Chapter 1.

S.C. Code Ann. § 40-36-10 Board of Occupational Therapy; creation and purpose; membership

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(A) There is created the South Carolina Board of Occupational Therapy under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the public through the regulation of professionals who identify, assess, and provide treatm…

S.C. Code Ann. § 40-36-100 Restraining orders and other equitable relief

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In addition to other remedies provided for in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a…

S.C. Code Ann. § 40-36-110 Refusal to grant licenses; suspensions, revocations, or other restrictions; grounds

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In addition to other grounds provided in Section 40-1-110, the board, after notice and a hearing conducted in accordance with the Administrative Procedures Act, may restrict or refuse to grant a license to an applicant or may refuse to renew the license of a licensed person or ma…

S.C. Code Ann. § 40-36-115 Jurisdiction of the board

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The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.

S.C. Code Ann. § 40-36-120 Board authority to impose fines in addition to other sanctions; disciplinary actions

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In addition to the sanctions the board may impose pursuant to this chapter, the board may impose a fine up to two thousand dollars for each violation of a provision of this chapter, not to exceed ten thousand dollars. The board also may take disciplinary action against a person a…

S.C. Code Ann. § 40-36-130 Grounds for denial of license may be same as for disciplinary action

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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.

S.C. Code Ann. § 40-36-140 Denial of license 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 Section 40-1-140.

S.C. Code Ann. § 40-36-150 Voluntary surrender of license by licensee being investigated

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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.

S.C. Code Ann. § 40-36-160 Appeal

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

S.C. Code Ann. § 40-36-170 Costs of investigation and prosecution; authority to require payment by violator

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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 Section 40-1-170.

S.C. Code Ann. § 40-36-180 Collection and enforcement provisions for 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 Section 40-1-180.