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Current
Engine Act (Title 40 Chapter 1): http://www.scstatehouse.net/code/t40c001.htm H.3781
of 2005: http://www.scstatehouse.net/sess116_2005-2006/bills/3781.htm |
Proposed
Language
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§40-1-5. Application
of chapter; conflicts of law. New section added clarifying primacy of practice acts when
conflict and range of department’s duties consistent with §40-1-50(A). |
This chapter applies to all persons or entities authorized to
practice under statutes administered by the Department of Labor, Licensing
and Regulation. This chapter governs
all administrative, fiscal, investigative, inspectional, clerical,
secretarial, and processing of initial practice authorization and renewal
operations and activities undertaken by the department for the boards and
commissions listed in Section 40-1-40.
In all other matters, if there is a conflict between this chapter and
the statute authorizing a particular practice, the provisions of the
particular practice act control. |
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§40-1-10. Extent of regulation. (A) No substantive change. (B) Change “article” to “chapter” where appropriate. (C)(4) Change “licensing” to “other practice authorization” to
reflect more appropriate regulatory terminology that includes authorizations
that are not licenses (e.g., registration, permits, certifications). (D)(6) Change “practitioner” to “person” to reflect current
regulatory language. No substantive change. |
(A) The right of a person to engage
in a lawful profession, trade, or occupation of choice is clearly protected
by both the Constitution of the (B) No statute or regulation may be
imposed under this (1) unregulated practice of the
profession or occupation can harm or endanger the health, safety, or welfare
of the public and the potential for harm is recognizable and not remote or
dependent upon tenuous argument; (2) practice of the profession or
occupation has inherent qualities peculiar to it that distinguish it from
ordinary work or labor; (3) practice of the profession or
occupation requires specialized skill or training and the public needs and
will benefit by assurances of initial and continuing professional and
occupational ability; and (4) public
is not effectively protected by other means. (C) If the General Assembly
determines that a particular profession or occupation should be regulated or
that a different degree of regulation should be imposed on the regulated
profession or occupation, it shall consider the following degrees of
regulation in the order provided and only shall regulate the profession or
occupation to the degree necessary to fulfill the need for regulation: (1) If existing common law and
statutory causes of civil action or criminal prohibitions are not sufficient
to eradicate existing harm or prevent potential harm, the General Assembly
first may consider making statutory changes to provide stricter causes for
civil action and criminal prosecution. (2) If it is necessary to determine
the impact of the operation of a profession or occupation on the public, the
General Assembly may consider implementing a system of registration. (3) If the public requires a
substantial basis for relying on the professional services of the
practitioner, the General Assembly may consider implementing a system of
certification. (4) If adequate regulation cannot be
achieved by means less than licensing, the General Assembly may establish (D) In determining the proper degree
of regulation, if any, the General Assembly shall determine: (1) whether the practitioner, if
unregulated, performs a service to individuals involving a hazard to the
public health, safety, or welfare; (2) what the opinion of a
substantial portion of the people who do not practice the particular
profession, trade, or occupation is on the need for regulation; (3) the number of states which have
regulatory provisions similar to those proposed; (4) whether there is sufficient
demand for the service for which there is no regulated substitute, and this
service is required by a substantial portion of the population; (5) whether the profession or
occupation requires high standards of public responsibility, character, and
performance of each individual engaged in the profession or occupation, as
evidenced by established and published codes of ethics; (6) whether the profession or
occupation requires such skill that the public generally is not qualified to
select a competent practitioner without some assurance that the (7) whether the professional or
occupational associations do not adequately protect the public from
incompetent, unscrupulous, or irresponsible members of the profession or
occupation; (8) whether current laws which
pertain to public health, safety, and welfare generally are ineffective or
inadequate; (9) whether the characteristics of
the profession or occupation make it impractical or impossible to prohibit
those practices of the profession or occupation which are detrimental to the
public health, safety, and welfare; (10) whether
the practitioner performs a service for others which may have a detrimental
effect on third parties relying on the expert knowledge of the practitioner. |
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§40-1-20. Definitions. Technical text revisions to definitions of terms used
throughout for greater clarity. New
definitions of appropriate terms added. (1) Updates language for clarification. No substantive change. (2) Deletes “Authorization to practice.” Moved to (10). Renumbers for clarity. “Board”/”Commission”—deletes “licensing or otherwise” and
changes “article” to “chapter” to reflect current regulatory language. No substantive change. (4) Adds “ (5) Deletes “Licensee.”
New definition—“Lapsed practice authorization.” (6) Deletes “Licensing act.”
New definition—“Letter of caution.” (7) Adds “or other authorized entity” to “Person.” (8) New definition based on old definition of
“Licensee.” (9) New definition based on old definition of
“Licensing act.” (10) Deletes “Authorization to practice” above and inserts
here as “Practice authorization.” No
substantive change. (11) New definition—“POL.” (12) New definition—“Probation.” (13) Reworded for clarity.
Changes “article” to “title” to include practice acts in Title 40. (14) New definition— “Program.” (15) New definition—“Public reprimand.” (16) New definition—“Revocation.” (17) New definition—“Suspension.” (18) New definition—“Voluntary surrender.” |
As used in this title unless the context requires a different
meaning: (1) 'Administrator' means the
individual to whom the director has delegated authority to administer (2)
(9) 'Practice
act' means the individual statute or regulations, or both, of each regulated
profession or occupation which include, but are not limited to, board
governance, the qualifications and requirements for a practice authorization;
(10) 'Practice
authorization' or 'authorization to practice' means the approval to practice
the specified profession, engage in the specified occupation, or use a title
protected under this title. This authorization is granted in the form of a
license, permit, certification, or registration; (11) 'POL' is an
abbreviation for the Division of Professional and Occupational Licensing of
the South Carolina Department of Labor, Licensing and Regulation. POL is
responsible for administering all professional and occupational regulatory
programs that are cited in Section 40-1-40; (12) 'Probation'
means the conditional issuance of or retention of a practice authorization
with terms and conditions; (13) 'Profession' or 'occupation' means a profession or
occupation regulated (14) 'Program'
means the governmental activities undertaken to achieve the purpose of public
protection by regulation of the profession or occupation; (15) 'Public
reprimand' means a publicly available statement of a board that a violation
was committed by a person authorized to practice; (16) 'Revocation'
means the cancellation or withdrawal of a practice authorization or other
authorization issued by a board or the department. A person whose practice
authorization has been permanently revoked by a board, never may be eligible
for any kind of practice authorization from that board; (17) 'Suspension'
means the temporary withdrawal of a practice authorization for either a
definite or indefinite period of time and or until specified conditions are
met; (18) 'Voluntary
surrender' means the relinquishment of a practice authorization by the
subject of an initial or formal complaint pending further order of a board.
It anticipates other formal action by a board and allows a suspension
subsequently imposed to include this time served. |
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§40-1-30. Authorization to practice. (A) Rewords for clarity.
No substantive change. (B) Rewords for clarity and to allow renewal dates to be set
by the department. New (1)-(4) for specific regulation of renewals. |
(A) It is unlawful for a person to engage in a profession
or occupation regulated by a board or commission administered by the (B) (1) A practice
authorization, subject to renewal, must be renewed by the date set by the
department. If the application for the practice authorization renewal is not
received by the date set by the department, the practice authorization
lapses. The applicant bears the burden of submitting the practice
authorization renewal application whether or not notice of renewal has been
received. (2) A lapsed
practice authorization must not be reinstated without payment of an
appropriate fee to cover all costs for processing the reinstatement
application. (3) A person who
practices during the period that a practice authorization has lapsed must be
penalized by a civil penalty not to exceed five hundred dollars unless
another amount is specified in a practice act. (4) Except as
otherwise provided, a practice authorization must not be renewed if it has
been lapsed for five years or more. |
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§40-1-40. Purpose of Division; domain. (A) Rewords
and renumbers for clarity and consistency throughout. Deletes obsolete board, commission, or
committee names. Adds
newly created boards and updates name changes from practice acts. Reorders “Long Term Health Care
Administrators Board” to correct incorrect alpha-numeric ordering. Deletes old
(C) as unnecessary following list of separate boards. |
(A) The purpose of the POL Division
Board of Accountancy Board of Architectural Examiners Athletic Commission Auctioneers Commission Board of Barber Examiners
Building Code Council Board of Chiropractic Examiners Perpetual
Care and Cemetery Board Contractors' Licensing Board Board of Cosmetology Board of Dentistry Engineers and Land Surveyors Board Environmental Certification Board Board of Registration for Foresters Board of Funeral Service Board of Registration for Geologists
Liquefied
Petroleum Gas Board Long
Term Health Care Administrators Board Manufactured Housing Board Massage
and Bodywork Panel Board of Medical Examiners
Board of Nursing
Board of Occupational Therapy Board of Examiners in Opticianry Board of Examiners in Optometry Board of Pharmacy Board of Physical Therapy Examiners Pilotage Commission Board of Podiatry Examiners Board of Examiners for Licensure of
Professional Counselors and Marital and Family Therapists and Psycho-educational
Specialists Board of Examiners in Psychology Board of Pyrotechnic Safety Real Estate Appraisers Board Real Estate Commission Residential Builders Commission Board of Social Work Examiners Board of Examiners in
Speech-Language Pathology and Audiology Board of Veterinary Medical
Examiners
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§40-1-45. Public and consumer members of
boards and panels. (A) Deletes previous language in favor of adding two or more
public members for each POL board/commission. Moves provisions to (B) and (C)
for clarity. Changes 2005 to 2006. (B) New subsection to more completely explain public membership.
Old language from (A) moved to (1) for clarity. (C) Old language from (A) moved to (C) for clarity |
(A) (B) Public
membership may not: (1) include
current or former, active or inactive, members of the profession or occupation
being regulated; (2) be
associated by legal contract with a member of the profession or occupation
that a board regulates except as a consumer of the services provided by a
person authorized to practice within the profession or occupation; (3) have a
direct financial interest in the profession or occupation that a board
regulates; (4) have an immediate family member in the
profession or occupation. As used in this section, 'immediate family' is
defined in Section 8-13-100. (C) Public
members have the same rights and responsibilities as professionally or
occupationally-related board members and shall participate fully in all discussions,
deliberations, decisions, and votes of a board or panel on which they serve,
unless otherwise prohibited by statute or regulation. |
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§40-1-50. Authority of Department; record of
board proceedings; roster of licensees; fee structures. (A) Reorganized,
numbered and updated for clarity.
Moves some provisions to other paragraphs for clarity (e.g., Board
member compensation to (C)). Old (B)
moved to (G). New Title 1
provision for the promulgation of regulations. (C) Deletes
previous language re roster as duplicative of registry requirement in (F)
below. Old language from (A) moved to
(C) and updated. (D) Reworded
for clarity. Initial fee language in
old (D) moved to (E) below and updated.
Fee adjustment procedure language in old (D) moved to (F) and updated. (E) Deletes previous language for
clarity. Initial fees formerly in (D)
updated. (F) Old language
from (F) moved to (G) below and 40-1-70(C) and (D). Fee adjustment procedure from old (D) moved
here and updated. (G) Moved
from old (A), (B), (H) and (I) and reworded for clarity. |
(A) The department is responsible
for all administrative, fiscal, investigative, inspectional, clerical,
secretarial, processing
of initial practice authorization, and The director shall employ and
supervise personnel necessary to effectuate the provisions of this
(B)
(C) (D) |