H 4826 Session 123 (2019-2020) H 4826 General Bill, By Hixon and Ridgeway A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION OVERSIGHT RECOMMENDATION IMPLEMENTATION ACT, TO AMEND SECTION 40-1-40, RELATING TO BOARD OF PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO INCLUDE AND REMOVE VARIOUS BOARDS ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 40-1-50, RELATING TO THE GENERAL AUTHORITY OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO CLARIFY THAT THE DEPARTMENT HAS SOLE AUTHORITY TO HIRE AGENCY EMPLOYEES, AND TO REMOVE CERTAIN REPORTING REQUIREMENTS; TO AMEND SECTION 40-1-70, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS, SO AS TO CLARIFY THAT THE BOARDS ARE AUTHORIZED TO ADVISE AND RECOMMEND ACTION TO THE DEPARTMENT CONCERNING THE DEVELOPMENT OF STATUTORY REVISIONS AND OTHER CERTAIN ADMINISTRATIVE MATTERS; TO AMEND SECTION 40-1-90, RELATING TO DISCIPLINARY PROCEEDINGS APPLICABLE TO THE BOARDS, SO AS TO INCLUDE PROVISIONS CONCERNING SERVICE OF NOTICE TO RESPONDENTS IN THESE PROCEEDINGS; TO AMEND SECTION 40-1-120, RELATING TO SANCTIONS FOR DISCIPLINARY VIOLATIONS, SO AS TO PROVIDE NONDISCIPLINARY LETTERS OF CAUTION ARE NOT SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT; TO AMEND SECTION 40-1-150, RELATING TO VOLUNTARY SURRENDERS OF LICENSES ISSUED BY THE BOARDS, SO AS TO PROVIDE THESE VOLUNTARY SURRENDERS ARE PUBLIC INFORMATION, AND TO PROVIDE THE ALTERNATIVE OF THE VOLUNTARY PERMANENT RELINQUISHMENT OF THE AUTHORIZATION TO PRACTICE; TO AMEND SECTION 40-8-160, RELATING TO THE DISSEMINATION OF DISCIPLINARY ORDERS ISSUED BY THE PERPETUAL CARE CEMETERY BOARD, SO AS TO PROVIDE SUCH DISSEMINATION MAY BE EMAILED AS AN ALTERNATIVE TO DISSEMINATING THEM BY MEANS OF TRADITIONAL MAIL; TO AMEND SECTION 40-9-31, RELATING TO PROCEDURES FOR REVOKING OR SUSPENDING LICENSES ISSUED BY THE BOARD OF CHIROPRACTIC EXAMINERS, SO AS TO PROVIDE THE OFFICE OF GENERAL COUNSEL OF THE DEPARTMENT SHALL PERFORM CERTAIN RELATED FUNCTIONS ON BEHALF OF THE STATE, AND TO REMOVE AN AUTOMATIC STAY PROVISION; TO AMEND SECTION 40-15-180, RELATING TO FORMAL ACCUSATIONS ARISING FROM COMPLAINTS AGAINST LICENSEES OF THE BOARD OF DENTISTRY, SO AS TO PROVIDE ALL SUCH COMPLAINTS MUST BE SIGNED BY ATTORNEYS REPRESENTING THE STATE INSTEAD OF OFFICERS OF THE BOARD; TO AMEND SECTION 40-29-60, RELATING TO HEARINGS ON COMPLAINTS AGAINST LICENSEES OF THE MANUFACTURED HOUSING BOARD, SO AS TO PROVIDE THAT THE FULL BOARD MAY CONDUCT HEARINGS UPON ISSUANCE OF FORMAL COMPLAINTS BY THE STATE, AND TO PROVIDE THE FULL BOARD MAY IMPOSE SANCTIONS ALLOWED UNDER STATE LAW; TO AMEND SECTION 40-37-20, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF OPTOMETRY, SO AS TO REMOVE OBSOLETE DEFINITIONS; TO AMEND SECTION 40-37-420, RELATING TO PROVISIONS CONCERNING THE TRANSITION FROM PREVIOUS LICENSING REQUIREMENTS, SO AS TO REMOVE OBSOLETE LANGUAGE; TO AMEND SECTION 40-55-130, RELATING TO FORMAL ACCUSATIONS ARISING FROM COMPLAINTS AGAINST LICENSEES OF THE BOARD OF EXAMINERS IN PSYCHOLOGY, SO AS TO PROVIDE ALL SUCH COMPLAINTS MUST BE SIGNED BY ATTORNEYS REPRESENTING THE STATE INSTEAD OF OFFICERS OF THE BOARD; TO AMEND SECTION 40-75-90, RELATING TO FORMAL ACCUSATIONS ARISING FROM COMPLAINTS AGAINST LICENSEES OF THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, ADDICTION COUNSELORS, AND PSYCHOEDUCATIONAL SPECIALISTS, SO AS TO PROVIDE ALL SUCH COMPLAINTS MUST BE SIGNED BY ATTORNEYS REPRESENTING THE STATE INSTEAD OF OFFICERS OF THE BOARD; TO AMEND SECTION 41-10-30, RELATING TO THE REQUIREMENT THAT EMPLOYERS PROVIDE EMPLOYEES WITH ITEMIZED STATEMENTS SHOWING GROSS PAY AND DEDUCTIONS FOR EACH PAY PERIOD, SO AS TO PROVIDE EMPLOYERS ONLY ARE REQUIRED TO PROVIDE EMPLOYEES ACCESS TO SUCH INFORMATION; TO AMEND SECTION 41-10-40, RELATING TO THE VARIOUS ACCEPTABLE MEDIUMS OF PAYMENT OF WAGES, SO AS TO INSTEAD PROVIDE SUCH PAYMENTS MUST BE MADE IN LAWFUL CURRENCY OF THE UNITED STATES; TO AMEND SECTION 41-13-25, RELATING TO PENALTIES FOR VIOLATIONS OF CHILD LABOR REGULATIONS, SO AS TO PROVIDE SUCH PENALTIES FOR FIRST OFFENSES MUST BE THE ISSUANCE OF A WRITTEN WARNING OR A CERTAIN FINE; TO AMEND SECTION 41-15-220, RELATING TO CERTAIN HEARING NOTICE REQUIREMENTS FOR THE PROMULGATION OF REGULATIONS CONCERNING OCCUPATIONAL SAFETY AND HEALTH STANDARDS BY THE DEPARTMENT, SO AS TO PROVIDE SUCH NOTICE MAY BE PUBLISHED IN LOCAL NEWSPAPERS OR BY ELECTRONIC MEANS; TO AMEND SECTION 41-15-260, RELATING TO WARRANTS FOR OCCUPATIONAL HEALTH AND SAFETY INSPECTIONS, SO AS TO MAKE CERTAIN REMEDIES FOR NONCOMPLIANCE WITH SUCH WARRANTS; TO AMEND SECTION 41-15-270, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONDUCT CERTAIN DISCOVERY IN THE COURSE OF OCCUPATIONAL HEALTH AND SAFETY INSPECTIONS, SO AS TO PROVIDE REMEDIES FOR NONCOMPLIANCE; AND TO AMEND SECTION 41-15-280, RELATING TO CITATIONS ISSUED BY THE DEPARTMENT FOR VIOLATIONS OF OCCUPATIONAL HEALTH AND SAFETY RULES AND REGULATIONS, SO AS TO REQUIRE NOTICE OF PENALTIES TO EMPLOYERS, AND TO TOLL A STATUTE OF LIMITATIONS WHEN EMPLOYER ACTIONS OR OMISSIONS CONCEALED THE EXISTENCE OF VIOLATIONS; AND TO REPEAL SECTION 41-15-300 RELATING TO THE REQUIREMENT THAT THE DIRECTOR PROVIDE NOTICE OF PENALTIES TO EMPLOYERS BY MEANS OF CERTIFIED MAIL.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION OVERSIGHT RECOMMENDATION IMPLEMENTATION ACT, TO AMEND SECTION 40-1-40, RELATING TO BOARD OF PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO INCLUDE AND REMOVE VARIOUS BOARDS ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 40-1-50, RELATING TO THE GENERAL AUTHORITY OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO CLARIFY THAT THE DEPARTMENT HAS SOLE AUTHORITY TO HIRE AGENCY EMPLOYEES, AND TO REMOVE CERTAIN REPORTING REQUIREMENTS; TO AMEND SECTION 40-1-70, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS, SO AS TO CLARIFY THAT THE BOARDS ARE AUTHORIZED TO ADVISE AND RECOMMEND ACTION TO THE DEPARTMENT CONCERNING THE DEVELOPMENT OF STATUTORY REVISIONS AND OTHER CERTAIN ADMINISTRATIVE MATTERS; TO AMEND SECTION 40-1-90, RELATING TO DISCIPLINARY PROCEEDINGS APPLICABLE TO THE BOARDS, SO AS TO INCLUDE PROVISIONS CONCERNING SERVICE OF NOTICE TO RESPONDENTS IN THESE PROCEEDINGS; TO AMEND SECTION 40-1-120, RELATING TO SANCTIONS FOR DISCIPLINARY VIOLATIONS, SO AS TO PROVIDE NONDISCIPLINARY LETTERS OF CAUTION ARE NOT SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT; TO AMEND SECTION 40-1-150, RELATING TO VOLUNTARY SURRENDERS OF LICENSES ISSUED BY THE BOARDS, SO AS TO PROVIDE THESE VOLUNTARY SURRENDERS ARE PUBLIC INFORMATION, AND TO PROVIDE THE ALTERNATIVE OF THE VOLUNTARY PERMANENT RELINQUISHMENT OF THE AUTHORIZATION TO PRACTICE; TO AMEND SECTION 40-8-160, RELATING TO THE DISSEMINATION OF DISCIPLINARY ORDERS ISSUED BY THE PERPETUAL CARE CEMETERY BOARD, SO AS TO PROVIDE SUCH DISSEMINATION MAY BE EMAILED AS AN ALTERNATIVE TO DISSEMINATING THEM BY MEANS OF TRADITIONAL MAIL; TO AMEND SECTION 40-9-31, RELATING TO PROCEDURES FOR REVOKING OR SUSPENDING LICENSES ISSUED BY THE BOARD OF CHIROPRACTIC EXAMINERS, SO AS TO PROVIDE THE OFFICE OF GENERAL COUNSEL OF THE DEPARTMENT SHALL PERFORM CERTAIN RELATED FUNCTIONS ON BEHALF OF THE STATE, AND TO REMOVE AN AUTOMATIC STAY PROVISION; TO AMEND SECTION 40-15-180, RELATING TO FORMAL ACCUSATIONS ARISING FROM COMPLAINTS AGAINST LICENSEES OF THE BOARD OF DENTISTRY, SO AS TO PROVIDE ALL SUCH COMPLAINTS MUST BE SIGNED BY ATTORNEYS REPRESENTING THE STATE INSTEAD OF OFFICERS OF THE BOARD; TO AMEND SECTION 40-29-60, RELATING TO HEARINGS ON COMPLAINTS AGAINST LICENSEES OF THE MANUFACTURED HOUSING BOARD, SO AS TO PROVIDE THAT THE FULL BOARD MAY CONDUCT HEARINGS UPON ISSUANCE OF FORMAL COMPLAINTS BY THE STATE, AND TO PROVIDE THE FULL BOARD MAY IMPOSE SANCTIONS ALLOWED UNDER STATE LAW; TO AMEND SECTION 40-37-20, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF OPTOMETRY, SO AS TO REMOVE OBSOLETE DEFINITIONS; TO AMEND SECTION 40-37-420, RELATING TO PROVISIONS CONCERNING THE TRANSITION FROM PREVIOUS LICENSING REQUIREMENTS, SO AS TO REMOVE OBSOLETE LANGUAGE; TO AMEND SECTION 40-55-130, RELATING TO FORMAL ACCUSATIONS ARISING FROM COMPLAINTS AGAINST LICENSEES OF THE BOARD OF EXAMINERS IN PSYCHOLOGY, SO AS TO PROVIDE ALL SUCH COMPLAINTS MUST BE SIGNED BY ATTORNEYS REPRESENTING THE STATE INSTEAD OF OFFICERS OF THE BOARD; TO AMEND SECTION 40-75-90, RELATING TO FORMAL ACCUSATIONS ARISING FROM COMPLAINTS AGAINST LICENSEES OF THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, ADDICTION COUNSELORS, AND PSYCHOEDUCATIONAL SPECIALISTS, SO AS TO PROVIDE ALL SUCH COMPLAINTS MUST BE SIGNED BY ATTORNEYS REPRESENTING THE STATE INSTEAD OF OFFICERS OF THE BOARD; TO AMEND SECTION 41-10-30, RELATING TO THE REQUIREMENT THAT EMPLOYERS PROVIDE EMPLOYEES WITH ITEMIZED STATEMENTS SHOWING GROSS PAY AND DEDUCTIONS FOR EACH PAY PERIOD, SO AS TO PROVIDE EMPLOYERS ONLY ARE REQUIRED TO PROVIDE EMPLOYEES ACCESS TO SUCH INFORMATION; TO AMEND SECTION 41-10-40, RELATING TO THE VARIOUS ACCEPTABLE MEDIUMS OF PAYMENT OF WAGES, SO AS TO INSTEAD PROVIDE SUCH PAYMENTS MUST BE MADE IN LAWFUL CURRENCY OF THE UNITED STATES; TO AMEND SECTION 41-13-25, RELATING TO PENALTIES FOR VIOLATIONS OF CHILD LABOR REGULATIONS, SO AS TO PROVIDE SUCH PENALTIES FOR FIRST OFFENSES MUST BE THE ISSUANCE OF A WRITTEN WARNING OR A CERTAIN FINE; TO AMEND SECTION 41-15-220, RELATING TO CERTAIN HEARING NOTICE REQUIREMENTS FOR THE PROMULGATION OF REGULATIONS CONCERNING OCCUPATIONAL SAFETY AND HEALTH STANDARDS BY THE DEPARTMENT, SO AS TO PROVIDE SUCH NOTICE MAY BE PUBLISHED IN LOCAL NEWSPAPERS OR BY ELECTRONIC MEANS; TO AMEND SECTION 41-15-260, RELATING TO WARRANTS FOR OCCUPATIONAL HEALTH AND SAFETY INSPECTIONS, SO AS TO MAKE CERTAIN REMEDIES FOR NONCOMPLIANCE WITH SUCH WARRANTS; TO AMEND SECTION 41-15-270, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONDUCT CERTAIN DISCOVERY IN THE COURSE OF OCCUPATIONAL HEALTH AND SAFETY INSPECTIONS, SO AS TO PROVIDE REMEDIES FOR NONCOMPLIANCE; AND TO AMEND SECTION 41-15-280, RELATING TO CITATIONS ISSUED BY THE DEPARTMENT FOR VIOLATIONS OF OCCUPATIONAL HEALTH AND SAFETY RULES AND REGULATIONS, SO AS TO REQUIRE NOTICE OF PENALTIES TO EMPLOYERS, AND TO TOLL A STATUTE OF LIMITATIONS WHEN EMPLOYER ACTIONS OR OMISSIONS CONCEALED THE EXISTENCE OF VIOLATIONS; AND TO REPEAL SECTION 41-15-300 RELATING TO THE REQUIREMENT THAT THE DIRECTOR PROVIDE NOTICE OF PENALTIES TO EMPLOYERS BY MEANS OF CERTIFIED MAIL. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. This act must be known and may be cited as the "Department of Labor, Licensing and Regulation Oversight Recommendation Implementation Act." SECTION 2. Section 40-1-40(B) of the 1976 Code is amended to read: "(B) The following boards and the professions and occupations they license or otherwise regulate must be administered by the Department of Labor, Licensing and Regulation pursuant to this article: (1) Board of Accountancy; (2) Board of Architectural Examiners; (3) Athletic Commission; (4) Auctioneers Commission; (5) Board of Barber Examiners;
(6) Building Code Council; (7) Board of Chiropractic Examiners; (8) Contractors' Licensing Board; (9) Board of Cosmetology; (10) Board of Dentistry; (11) Panel for Dietetics;
(12) Board of Registration for Professional Engineers and (13) Environmental Certification Board; (14) Board of Registration for Foresters; (15) Board of Funeral Service; (16) Board of Registration for Geologists; (17) Board of Landscape Architectural Examiners; (18) Liquefied Petroleum Gas Board; (19) Manufactured Housing Board; (20) Panel for Massage/Bodywork; (21) Board of Medical Examiners;
(22) Board of Nursing;
(23) Board of Long Term Health Care Administrators (24) Board of Occupational Therapy; (25) Board of Examiners in Opticianry; (26) Board of Examiners in Optometry; (27) Perpetual Care Cemetery Board; (28) Board of Pharmacy; (29) Board of Physical Therapy Examiners;
(30) Commissioners of Pilotage for the Lower Coastal Area; (31) Commissioners of Pilotage for the Upper Coastal Area; (32) Board of Podiatry Examiners;
(33) Board of Examiners for the Licensure of Professional Counselors, (34) Board of Examiners in Psychology; (35) Board of Pyrotechnic Safety; (36) Real Estate Appraisers Board; (37) Real Estate Commission; (38) Residential Builders Commission; (39) Board of Social Work Examiners; (40) Soil Classifiers Advisory Council; (41) Board of Examiners in Speech-Language Pathology and Audiology; and (42) Board of Veterinary Medical Examiners." SECTION 3. Section 40-1-50(A) of the 1976 Code is amended to read: "(A)(1) The department is responsible for all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the boards and commissions enumerated in Section 40-1-40.
(2) The director shall employ and supervise personnel necessary to effectuate the provisions of this article for each board provided for in Section 40-1-40. (3) The director shall establish compensation for personnel assigned to the boards as the director considers necessary and appropriate for the administration of this article. Compensation and necessary expenses incurred in the performance of duties by personnel assigned to the board must be paid as an expense of the board in the administration of this article. (4) The director shall enter into contracts and agreements the director considers necessary or incidental to carry out the provisions of this article to provide for all services required by each board. (5) Board members must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and may be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the board. The director, within the limits set by the Comptroller General, shall establish reimbursement standards for travel and other expenses incurred by a board member in the performance of the board member's official duties. Compensation and reimbursements paid to board members under this subsection must be paid as an expense of the board in the administration of this article and the board's chapter and must be paid from the fees received by the board pursuant to the provisions of this article or in a manner prescribed by the Department of Labor, Licensing and Regulation. (6) The director shall maintain a separate account for funds collected on behalf of a board and shall indicate the expenses allotted to the board. The director shall adjust fees for revenue-funded boards in accordance with Section 40-1-50(D).
(7) The director may perform any additional administrative functions requested by the boards." SECTION 4. Section 40-1-70 of the 1976 Code, as last amended by Act 197 of 2018, is further amended to read: "Section 40-1-70. The powers and duties of regulatory boards include, but are not limited to: (1) determining the eligibility of applicants for examination and licensure; (2) examining applicants for licensure including, but not limited to: (a) prescribing the subjects, character, and manner of licensing examinations; (b) preparing, administering, and grading the examination or assisting in the selection of a contractor for the preparation, administration, or grading of the examination; (3) establishing criteria for issuing, renewing, and reactivating the authorizations to practice of qualified applicants, including the issuance of active or permanent, temporary, limited, and inactive licenses, or other categories as may be created; (4) adopting a code of professional ethics appropriate to the profession or occupation which it licenses or regulates; (5) evaluating and approving continuing education course hours and programs; (6) conducting hearings on alleged violations of this article and regulations promulgated under this article; (7) resolving consumer complaints, where appropriate and possible; (8) disciplining persons licensed under this article in a manner provided for in this article; (9) promulgating regulations which have been submitted to the director, at least thirty days in advance of filing with Legislative Council as required by Section 1-23-30;
(10) filing claims against any surety bond on a form approved by a board and in accordance with procedures established by the board in regulation (11) advising and recommending action to the department in the development of statutory revisions and other matters that the department requests regarding the administration of a practice act in order to protect the health, safety, and welfare of the public." SECTION 5. Section 40-1-90 of the 1976 Code is amended to read: "Section 40-1-90. (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 the profession or occupation, the board, in accordance with the Administrative Procedures Act, may take disciplinary action authorized by Section 40-1-120. No disciplinary action may be taken unless the matter is presented to and voted upon by the board. The board may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section. (B) For the purpose of a proceeding under this article, the department may administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the board or, upon request, on behalf of a party to the case. Upon failure to obey a subpoena or to answer questions propounded by the board or its hearing officer or panel, the board may apply to an administrative law judge for an order requiring the person to comply with the subpoena. (C) Service of notice is conclusively presumed thirty days after mailing by first class or certified mail to the respondent to the last address provided to a board by the respondent. (D) When a provision is made for the service of a notice, order, report, or other paper or copy of these, upon a person in connection with a proceeding, service may be made upon counsel of record for the person, either personally or by first class or certified mail. (E) Service of notice upon a respondent who cannot be found at the last known address provided by the respondent or after due diligence cannot be found at his usual abode or place of business in this State or outside of the State, may be made by leaving with the director or his designee a copy of the notice and any accompanying documents along with proof of attempted service at the last known address. This provision does not remove the obligation of the licensee to inform a board of a proper address for communication by mail." SECTION 6. Section 40-1-120(D) of the 1976 Code is amended to read: "(D) Upon a determination by a board that discipline is not appropriate, the board may issue a nondisciplinary letter of caution, and this letter of caution is not subject to disclosure under the Freedom of Information Act." SECTION 7. Section 40-1-150 of the 1976 Code is amended to read:
"Section 40-1-150. (A) A licensee who is under investigation for a violation provided for in Section 40-1-110 or the licensing act of the applicable board for which disciplinary action may be taken may voluntarily surrender authorization to practice to the board. The voluntary surrender invalidates the authorization to practice at the time of its (B) A licensee also may decide voluntarily to permanently relinquish the authorization to practice to the board. This relinquishment invalidates the authorization to practice at the time of its relinquishment, and no person whose authorization to practice is permanently relinquished may practice the profession or occupation at any time in the future. A person practicing a regulated profession or occupation after such a permanent relinquishment is considered an illegal practitioner and is subject to the penalties provided by this article. The permanent relinquishment of an authorization to practice stops disciplinary action before a board concerning the relinquished license, and is a public document that must be made available on the website of the department." SECTION 8. Section 40-8-160 of the 1976 Code is amended to read: "Section 40-8-160. Upon a determination by the board that one or more of the grounds for disciplining a licensee exist, as provided for in Sections 40-8-150 and 40-1-110, the board may, in addition to the actions provided for in Section 40-1-120, impose a fine not to exceed ten thousand dollars. All final orders which are made public must be mailed or emailed to local and state professional associations, all firms and facilities with which the respondent is associated, states where the person has a license known to the board, and to any other source to which the board wishes to furnish this information." SECTION 9. Section 40-9-31(A) of the 1976 Code is amended to read:
"(A) An action of the board relating to the revocation or suspension of a license or other action restricting a license or disciplining a licensee must be taken only after a written complaint of misconduct has been filed with the board in accordance with regulations promulgated by the board. After receiving a complaint a closed hearing must be held by an examiner selected by the board after thirty days' notice to the complainant and the licensee or their counsel. The SECTION 10. Section 40-15-180 of the 1976 Code is amended to read:
"Section 40-15-180. (1) The board shall receive complaints by
(2)
(3) All investigations and proceedings undertaken under the provisions of this chapter
(4) Every communication, whether oral or written, made by or on behalf of SECTION 11. Section 40-29-60 of the 1976 Code is amended to read:
"(A) A licensee who violates a provision of this chapter or regulation pertaining to warranty requirements, deposits, or recision of contracts shall appear upon citation by the board before the full board or an agent of the board appointed to act as administrative hearing officer for a hearing. Upon the finding of a violation (1) if the hearing is heard by a hearing officer, the hearing officer:
(
(
(
( (2) if the hearing is held by the full board, the board may impose sanctions allowed by law. (B)(1) The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the administrative hearing officer may appeal to the board within fifteen days after the ruling. The request for appeal must be in writing. The board shall state in writing its findings and determinations in its decision in the matter on appeal.
(2) Appeals from (C) A licensee who violates any provision of this chapter or regulations promulgated by its authority or accumulates three or more warranty or contract violations which have not been corrected within the prescribed time upon citation of the board shall appear before the board for a hearing. The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the board may appeal to an administrative law judge pursuant to the Administrative Procedures Act. Upon the finding of such a violation, the board may: (1) impose a fine of not more than two thousand five hundred dollars or suspend or revoke the license or any combination thereof; and (2) order an increase in surety bonding or other approved security requirements. (D) The board may conduct hearings and presentations of views consistent with regulations adopted by the United States Department of Housing and Urban Development and adopt regulations necessary to carry out this function." SECTION 12. Section 40-37-20 of the 1976 Code is amended to read: "Section 40-37-20. As used in this chapter:
(1) 'Board' means the South Carolina Board of Examiners in Optometry
(2) 'Contact lens' means any device placed in contact with the eye for the purpose of correcting vision, therapy, or cosmetic alteration (3) 'Direct supervision' means supervision provided by a licensed optometrist who must: (a) be present in the department or facility where the supervisee is performing services; (b) be immediately available to assist the supervisee in the services being performed; and
(c) maintain continued involvement in appropriate aspects of each treatment
(4) 'Optical supplies' include, but are not limited to, contact lenses, ophthalmic lenses, ophthalmic frames
(5)
SECTION 13. Section 40-37-420 of the 1976 Code is amended to read:
"Section 40-37-420.
SECTION 14. Section 40-55-130(A) of the 1976 Code is amended to read:
"(A) The board shall receive complaints by any person against a licensed psychologist. Upon receipt of a complaint the chairman or SECTION 15. Section 40-75-90(A) of the 1976 Code is amended to read:
"(A) The board may receive complaints by any person against a licensee and may require the complaints to be submitted in writing specifying the exact charge or charges and to be signed by the complainant. Upon receipt of a complaint, the board administrator shall refer the complaint to a designated investigator of the SECTION 16. Section 41-10-30(C) of the 1976 Code is amended to read: "(C) Every employer shall furnish each employee with access to an itemized statement showing his gross pay and the deductions made from his wages for each pay period." SECTION 17. Section 41-10-40(A) of the 1976 Code is amended to read:
"(A) Every employer in the State shall pay all wages due in lawful United States SECTION 18. Section 41-13-25(A) of the 1976 Code is amended to read:
"(A) As determined by the Director of the Department of Labor, Licensing and Regulation or the director's designee, an employer who violates a child labor regulation promulgated pursuant to this chapter must be given a written warning of the violation for a first offense or SECTION 19. Section 41-15-220(A) of the 1976 Code is amended to read:
"(A) Before the promulgation, modification, or revocation of a regulation issued pursuant to this article, the SECTION 20. Section 41-15-260(B)(3) of the 1976 Code is amended to read: "(3) A warrant issued pursuant to this section shall be served within ten days and returned within thirty days of its date of issue. A person authorized by the Director of the Department of Labor, Licensing and Regulation or his designee may seek contempt, sanctions, or both, in the event of noncompliance with a warrant. Assistance also may be sought by law enforcement during the service of the warrant. The circuit judge who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall cause them to be filed with the court which issued such warrant." SECTION 21. Section 41-15-270 of the 1976 Code is amended to read:
"(A) The Director of the Department of Labor, Licensing, and Regulation or his designee may subpoena witnesses, documents, take and preserve testimony, examine witnesses, administer oaths (B) Upon proper presentation of credentials to the owner, manager, or agent of the employer, the director or his designee may enter any place, site, or area where employment comes under the jurisdiction of the director and interrogate any person employed there or connected with it, or the proper officers of a corporation or employer. In the event of noncompliance, the director or his designee may seek a warrant pursuant to the provisions in Section 41-15-260." SECTION 22. Section 41-15-280 of the 1976 Code is amended to read:
"Section 41-15-280. (A) If, upon inspection or investigation, the
(B) Each citation and notification of penalty issued under this section, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the (C) No citation may be issued under this section after the expiration of six months following the occurrence of any violation. When the actions or omissions of the employer or its designee conceal the existence of the violation or conditions leading to the violation, this limitation is tolled until such time as the agency learns or could have learned of the violation or conditions." SECTION 23. Section 41-15-300 of the 1976 Code is repealed. SECTION 24. This act takes effect upon approval by the Governor.
|