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(E) The effectiveness of an application with respect to any a drug shall, after due notice and opportunity for hearing to the applicant, by order of the Commissioner of the Department of Health and Environmental Control stating the findings upon which it is based, must be suspended if the Commissioner commissioner finds that:

(1) that clinical experience, tests by new methods, or tests by methods not deemed reasonably applicable when such the application became effective show that such the drug is unsafe for use under conditions of use upon the basis of which the application became effective,; or

(2) that the application contains any an untrue statement of a material fact. The order shall state the findings upon which it is based.

(F) An order refusing to permit an application with respect to any a drug to become effective shall must be revoked whenever the Commissioner of the Department of Health and Environmental Control finds that the facts so require.

(G) Orders of the Commissioner of the Department of Health and Environmental Control issued under this section shall must be served:

(1) in person by an officer or employee of the Department of Health and Environmental Control designated by the Commissioner commissioner; or

(2) by mailing the order by registered mail addressed to the applicant or respondent at his last known address in the records of the Commissioner commissioner.

(H) An appeal may be taken by the applicant from an order of the Commissioner of the Department of Health and Environmental Control refusing to permit the application to become effective, or suspending the effectiveness of the application. Such The appeal shall must be taken by filing in the circuit court within any a circuit wherein such in which the applicant resides or has his principal place of business, within sixty days after the entry of such the order, a written petition praying that the order of the Commissioner commissioner be set aside. A copy of such the petition shall must be forthwith served immediately upon the Commissioner commissioner or upon any an officer designated by him for that purpose, and thereupon the Commissioner commissioner shall certify

(I) The Commissioner Department of Health and Environmental Control shall promulgate regulations for exempting from the operation of this section drugs intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety of drugs.

Section 39-23-80. (A) It is unlawful to do or cause the following acts:

(1) introduction or delivery for introduction into commerce within the State of a drug or device that is adulterated or misbranded;

(2) adulteration or misbranding of a drug or device in intrastate commerce;

(3) receipt in intrastate commerce of a drug or device that is adulterated or misbranded, and the delivery or proffered delivery of a drug or device for pay or otherwise;

(5) forging, counterfeiting, simulating, or falsely representing, or without proper authority using any a mark, stamp, tag, or label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter or the federal act;

(6) alteration, mutilation, destruction, obliteration, or removal of the whole or any a part of the labeling of, or the doing of any other another act with respect to, a drug or device, if the act is done while the article is held for sale, (whether or not the first sale), after shipment in intrastate commerce and results in the article being adulterated or misbranded;

(7) using, on the label of a drug or in an advertisement relating to the drug, any a representation or suggestion that an application with respect to the drug is effective under Section 39-23-70, or that the drug complies with the provisions of that section.

(B)(1) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than five thousand dollars, or both for a first offense.

(2) A person convicted under this section for a second offense is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both.

(3) A violation with intent to defraud or mislead is a felony and, upon conviction, the person must be imprisoned not more than five years or fined not more than ten thousand dollars, or both.

Section 39-23-100. (A) Any A drug or device that is adulterated or misbranded when introduced into or while in intrastate commerce or while held for sale, (whether or not the first sale), after shipment in intrastate commerce, or which may not, under the provisions of Section 39-23-50, may not be introduced into intrastate commerce, shall be is liable to be proceeded against while in intrastate commerce or at any after that time thereafter, on libel of information and condemned in any a circuit court of the State within the jurisdiction of which the article is found; provided,. However, that no libel for condemnation shall may be instituted under this chapter, for any alleged misbranding if there is pending in any a court a libel for condemnation proceeding under this chapter based upon the same alleged misbranding, and. Not more than one such libel for condemnation proceeding shall may be instituted if no such proceeding is so pending, except that such the limitations shall do not apply (1) when such misbranding has been the basis of a prior judgment in favor of the State, in a criminal injunction, or libel for condemnation proceeding under

(B) The article shall be is liable to seizure by process pursuant to the libel, and the procedure in cases under this section shall conform, as nearly as may be, to the procedure in admiralty; except that. However, on demand of either party, any an issue of fact joined in any such a case shall must be tried by jury. When libel for condemnation proceedings under this section, involving the same claimant and the same issues of adulteration or misbranding, are pending in two or more jurisdictions, such the pending proceedings, upon application of the claimant reasonably made to the court of one such jurisdiction of the jurisdictions, shall must be consolidated for trial by order of such that court, and tried in (1) any a circuit selected by the claimant where one of such the proceedings is pending; or (2) a circuit agreed upon by stipulation between the parties. If no order for consolidation is so made within a reasonable time, the claimant may apply to the court of one such jurisdiction of the jurisdictions, and such that court, (after giving the Attorney General or other attorney for the Department of Health and Environmental Control reasonable notice and opportunity to be heard) shall by order, unless good cause to the contrary is shown, by order shall specify a circuit of reasonable proximity to the claimant's principal place of business, in which all pending proceedings shall must be consolidated for trial and tried. Such The order of consolidation shall may not apply so as to require the removal of any a case the date for trial of which has been fixed. The court granting such the order shall give prompt notification

(C) The court at any time after seizure up to a reasonable time before trial shall by order shall allow any a party to a condemnation proceeding, his attorney or agent, to obtain a representative sample of the article seized.

(D) Any A drug or device condemned under this section shall, after entry of the decree, must be disposed of by destruction or sale as the court may, in accordance with the provisions of this section, may direct and the proceeds thereof, if sold, less the legal costs and charges, shall must be paid into to the Treasury of the State of South Carolina; but such Treasurer. However, the article shall must not be sold under such the decree contrary to the provisions of this chapter or the laws of the jurisdiction in which sold; provided, that. After entry of the decree and upon the payment of the costs of such proceedings and the execution of a good and sufficient bond conditioned that such the article shall must not be sold or disposed of contrary to the provisions of this chapter or the laws of any a state or territory in which sold, the court may by order may direct that such the article be delivered to the its owner thereof to be destroyed or brought into compliance with the provisions of this chapter under the supervision of an officer or employee duly designated by the Commissioner of the Department of Health and Environmental Control, and. The expenses of such the supervision shall must be paid by the person obtaining release of the article under bond. Any An article condemned by reason of its being an article which may not, under Section 39-23-70, may not be introduced into intrastate commerce, shall must be disposed of by destruction.

(E) When a decree of condemnation is entered against the article, court costs of fees, and storage and other proper expenses, shall must be awarded against the person, if any, intervening as claimant of the article.

(F) In the case of For removal for trial of any a case as provided by subsection (A) or (B):

(1) The clerk of the court from which removal is made shall promptly shall transmit to the court in which the case is to be tried all records in the case necessary in order that such so the court may exercise jurisdiction.

(2) The court to which such the case was removed shall have has the powers and be is subject to the duties, for purposes of such the case, which the court from which removal was made would have had, or to which such the court would have been subject, if such the case had not been removed.

Section 39-23-120. Nothing in this chapter shall may be construed as requiring the Commissioner of the Department of Health and Environmental Control to report for prosecution, or for the institution of libel or injunction proceedings, minor violations of this chapter whenever he believes that the public interest will be adequately served adequately by a suitable written notice or warning.

Section 39-23-130. The Commissioner of the Department of Health and Environmental Control may, upon service of written notice, may embargo any a drug, or device, or other substance for a period not to exceed more than fifteen days if such the drug, device, or substance is suspected of being adulterated or misbranded,. The purpose of such the embargo being is to prevent the removal of such the drug, device, or substance from the jurisdiction of the Commissioner of the Department of Health and Environmental Control until an investigation of such the suspected adulteration or misbranding may be conducted."

SECTION 119. Section 40-6-180 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 40-6-180. No license may be denied, suspended, or revoked, and no other disciplinary action against a licensee may be taken, until after fifteen days' notice has been given in writing to the licensee or applicant stating the ground of the proposed action and until a public hearing has been held at which he shall have opportunity to be heard, present testimony in his behalf, and be confronted by witnesses against him, if he requests the hearing. The commission, in its discretion, may grant the accused a temporary permit to auction pending the hearing and determination. Determinations must be made and the licensee or applicant notified of them within five days after the hearing. Any auctioneer notified of a suspension may request a rehearing within twenty days from the date of notification of determination. Upon a rehearing and continued denial, suspension, or revocation of license, or other disciplinary action, or upon a refusal for rehearing, the party is entitled to appeal his case to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 (the Administrative Procedures Act). The commission or its authorized representatives may subpoena witnesses and documents for any hearing and may administer oaths to the witnesses. (A) Before denying,

(B) Every licensee or applicant aggrieved by a decision of the commission in denying, suspending, or revoking any license or in issuing reprimands or fines provided under the provisions of this chapter may appeal from the decision of the commission to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1."

SECTION 120. Section 40-15-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 40-15-210. The person whose license or registration certificate has been suspended or revoked may, within thirty days, appeal from the action of the board in suspending or revoking the same to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1. The board shall certify to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for its consideration a record of the hearing before the board. Any person who practices dentistry or dental hygiene or performs dental technological work, in violation of the provisions of this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. Each violation constitutes a separate offense. The provisions of this section apply to any person aiding or abetting in any violation of this chapter."

SECTION 121. Section 40-25-40(C) of the 1976 Code, as last amended by Act 312 of 1992, is further amended to read:

"(C) Members of the commission in subsection (B)(1)(a) through (d) must be appointed by the Governor with the advice and consent of the Senate. Before appointing the member in subsection (B)(1)(d) the Governor shall invite recommendations from the South Carolina Hearing Aid Society, the Commission Division on Aging in the Office of the Governor, the Department of Consumer Affairs, the Department of Education, the Department of Vocational Rehabilitation, the Board of Commissioners of the School for the Deaf and the Blind, and other agencies or organizations which might have knowledge of qualified citizens to serve on the commission. The term of each member is four

SECTION 122. Section 40-35-10(5) of the 1976 Code, as last amended by Act 605 of 1990, is further amended to read:

"(5) `Qualified mental retardation professional' means a person who, by training and experience, meets the requirements of applicable federal law and regulations for a qualified mental retardation professional, as determined by the South Carolina Department of Mental Retardation Department of Disabilities and Special Needs."

SECTION 123. Section 40-35-140 of the 1976 Code, as last amended by Act 605 of 1990, is further amended to read:

"Section 40-35-140. Habilitation centers for the mentally retarded or persons with related conditions funded in whole or in part by the Department of Mental Retardation Disabilities and Special Needs must be under the supervision of a licensed nursing home administrator or a qualified mental retardation professional who has been determined by the department to have the requisite training and experience."

SECTION 124. Section 40-47-140 of the 1976 Code, as last amended by Act 432 of 1990, is further amended to read:

"Section 40-47-140. (A) The board by regulation shall establish minimum standards of performance to be attained on examinations for an applicant to qualify for a license.

(B) For FLEX examinations taken before June 1, 1985, the following standards apply:

An applicant for permanent licensure shall obtain, in one sitting, a score of at least seventy-five on each day of the examination. If the applicant has a FLEX weighted average of seventy-five or more with no daily score below seventy, the board may accept this score if the applicant currently is board certified by a specialty board recognized by the American Board of Medical Specialties.

(C) For FLEX examinations taken after June 1, 1985, the following standards apply:

An applicant for permanent licensure shall obtain a score of seventy-five or more on both Component I and Component II. An applicant shall pass

(D) For the SPEX (Special Purpose) examination, the following standards apply:

An applicant for permanent licensure who has not passed National Boards, FLEX, SPEX, or been certified or recertified by a Specialty Board recognized by the American Board of Medical Specialties within ten years of the date of his application to this board, shall pass the SPEX exam. A passing score on the SPEX examination is seventy-five or better. This requirement is in addition to all other requirements for licensure. The SPEX examination requirement does not apply to a physician employed full time by the South Carolina Department of Corrections, South Carolina Department of Health and Environmental Control, State Department of Mental Health, and State Mental Retardation Department Department of Disabilities and Special Needs acting within the scope of his employment. A license issued to this physician is revoked immediately if he leaves the full-time employment or acts outside his scope of employment. However, the SPEX examination requirement applies to a physician providing services under a contract for the State and a physician providing services for which there is an expectation of payment, is payment for services, or should have been payment from a source other than the salary the physician receives from the State."

SECTION 125. The 1976 Code is amended by adding:

"Section 40-73-17. Notwithstanding any other provision of law, the South Carolina Department of Labor, Licensing, and Regulation shall provide legal services to all its divisions including those which by statute are provided legal services by the Attorney General of South Carolina."

SECTION 126. Section 41-10-70 of the 1976 Code, as last amended by Act 463 of 1990, is further amended to read:

"Section 41-10-70. Upon written complaint of any employee alleging a violation of this chapter, the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee may institute an investigation of the alleged violation. If the Commissioner of Labor director determines that a violation exists, he shall endeavor to resolve all issues by informal methods of mediation and conciliation."

SECTION 127. Section 41-10-80 of the 1976 Code, as last amended by Act 463 of 1990, is further amended to read:

"Section 41-10-80. (A) Any employer who violates the provisions of Section 41-10-30 must be given a written warning by the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation

(B) Any employer who violates the provisions of Section 41-10-40 must be assessed a civil penalty of not more than one hundred dollars for each violation. Each failure to pay constitutes a separate offense.

(C) In case of any failure to pay wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney's fees as the court may allow. Any civil action for the recovery of wages must be commenced within three years after the wages become due.

(D) The Commissioner of Labor director shall promulgate regulations to establish a procedure for administrative review of any civil penalty assessed by the commissioner him."

SECTION 128. Section 41-10-90 of the 1976 Code, as last amended by Act 380 of 1986, is further amended to read:

"Section 41-10-90. In each case where a civil penalty assessed under subsection (A) or (B) of Section 41-10-80(A) or (B) is not paid within sixty days, the Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee shall bring an action against the assessed employer for collection of the penalty. Any amounts collected must be turned over to the State Treasurer for deposit in the general fund of the State."

SECTION 129. Section 41-10-110 of the 1976 Code, as last amended by Act 380 of 1986, is further amended to read:

"Section 41-10-110. The Commissioner of Labor, his inspectors, agents, or designees Director of the Department of Labor, Licensing, and Regulation or his designee, upon proper presentation of credentials to the owner, manager, or agent of the employer, may enter at reasonable times and have the right to question either publicly or privately any employer, owner, manager, or agent and the employees of the employer and inspect, investigate, reproduce, or photograph time records or payroll records for the purpose of determining that the provisions of this chapter are complied with."

SECTION 130. Section 41-13-20 of the 1976 Code is amended to read:

"Section 41-13-20. No employer in this State shall may engage in any oppressive child labor practices. The Commissioner of Labor Director of the Department of Labor, Licensing, and Regulation or his designee shall promulgate regulations pursuant to Sections 1-23-10, et seq. which will prohibit and prevent such oppressive child labor practices provided that

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