Terms Used In South Carolina Code > Title 33 > Chapter 39 > Article 3 - Charter and Amendments; Organization; Powers

• Active treatment: means the standard of reasonable professional care that would be rendered by a physician to a patient in the absence of a declaration including, but not limited to, hospitalization and medication. See South Carolina Code 44-77-20
• Addiction counselor: means a professional who practices individual, family, and group addiction counseling. See South Carolina Code 40-75-20
• Administrator: means the individual to whom the director has delegated authority to administer the programs of a specific board or of a professional or occupational group for which the department has regulatory authority or has delegated authority to administer the programs of a specific board;
  
  (2) "Authorization to practice" or "Practice authorization" means the approval to practice the specified profession, engage in the specified occupation, or use a title protected under this article, which has been granted by the applicable board. See South Carolina Code 40-1-20
• Administrator: means the administrator of the South Carolina Department of Consumer Affairs. See South Carolina Code 44-79-20
• Advance directive: means a written statement such as a health care power of attorney executed in accordance with § 62-5-504, in which an individual expresses certain wishes relating to life-sustaining treatment, including resuscitative services. See South Carolina Code 44-80-10
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alcohol and drug counseling services: means those services offered for a fee as part of the treatment and rehabilitation of persons with a substance abuse disorder, at risk of developing a substance abuse disorder, or is negatively affected by someone with a substance abuse disorder. See South Carolina Code 40-75-20
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Animal: means an animal that is not a human and includes fowl, birds, reptiles, and fish which are wild or domestic, living or dead. See South Carolina Code 40-69-20
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Approved supervisor: means a licensee who has met the requirements for approval as a professional counselor supervisor, marriage and family therapy supervisor, or addiction counselor supervisor as provided in regulation. See South Carolina Code 40-75-20
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Associate: means an individual who has met the requirements for licensure as a professional counselor associate, marriage and family therapy associate, or addiction counselor associate under the provisions of this article and has been issued a license by the board. See South Carolina Code 40-75-20
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the South Carolina Board of Health and Environmental Control. See South Carolina Code 44-71-20
• Board: means the board of the South Carolina Radiation Quality Standards Association. See South Carolina Code 44-74-20
• Board: means the South Carolina Board of Licensed Professional Counselors, Marriage and Family Therapists, Addictions Counselors, and Psycho-Educational Specialists. See South Carolina Code 40-75-20
• Board: means the South Carolina State Board of Veterinary Medical Examiners. See South Carolina Code 40-69-20
• bracelet: means a standardized identification bracelet that:
  
  (a) meets the specifications established under § 44-78-30(B) or that is approved by the department under § 44-78-30(B);
  
  (b) bears the inscription "Do Not Resuscitate"; and
  
  (c) signifies that the wearer is a patient who has obtained a do not resuscitate order which has not been revoked. See South Carolina Code 44-78-15
• Center: means any person or organization which, for profit, offers physical fitness services, whether at multiple outlets bearing the same name or a single outlet. See South Carolina Code 44-79-20
• Certificate: means a certificate issued by the board or by an entity recognized by the board authorizing the certificate holder to use radioactive materials or equipment emitting ionizing radiation on humans for diagnostic or therapeutic purposes in accordance with the provisions of this chapter. See South Carolina Code 44-74-20
• Child: means a person under the age of eighteen who is neither married nor judicially emancipated and who is medically eligible for hospice care as a result of a terminal condition. See South Carolina Code 44-78-15
• Client: means a person or patient, whether an individual or a member of a group, a group, an agency or an organization, who receives in an office setting any treatment or service that falls within the scope of practice of a Licensed Professional Counselor, Marriage and Family Therapist, Addiction Counselor, or Psycho-Educational Specialist. See South Carolina Code 40-75-20
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consulting: means the application of scientific principles and procedures in counseling and human development to provide assistance in understanding and solving current or potential problems that the client may have in relation to a third party, individuals, groups, and organizations. See South Carolina Code 40-75-20
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: means a county business development corporation created under this chapter;
  
  (2) "Financial institution" means any banking corporation or trust company, building and loan association, insurance company or related corporation, partnership, foundation or other institution engaged primarily in lending or investing funds;
  
  (3) "Member" means any financial institution authorized to do business within this State which shall undertake to lend money to a corporation created under this chapter, upon its call, and in accordance with the provisions of this chapter;
  
  (4) "Board of directors" means the board of directors of the corporation created under this chapter; and
  
  (5) "Loan limit" means, for any member, the maximum amount permitted to be outstanding at one time on loans made by such member to the corporation as determined under the provisions of this chapter. See South Carolina Code 33-39-10
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Declarant: means a person who has signed a declaration in accordance with §§ 44-77-40 and 44-77-50, in accordance with earlier, current, or future versions of this chapter, or in accordance with the law of another state if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in § 44-77-40. See South Carolina Code 44-77-20
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: shall mean South Carolina Department of Health and Environmental Control. See South Carolina Code 44-69-20
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-70-20
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-71-20
• Department: means the Department of Labor, Licensing and Regulation;
  
  (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;
  
  (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;
  
  (7) "Licensing 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 authorization to practice, prohibitions, and disciplinary procedures;
  
  (8) "Person" means an individual, partnership, or corporation;
  
  (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-80-10
• Dependent: A person dependent for support upon another.
• Direct supervision: means a certified radiographer who:
  
  (a) reviews the procedure in relation to the student's achievement;
  
  (b) evaluates the condition of the patient in relation to the student's knowledge;
  
  (c) is present during the conduct of the procedure;
  
  (d) reviews and approves the procedure; and
  
  (e) is present during student performance of any repeat of any unsatisfactory radiograph. See South Carolina Code 44-74-20
• Direct supervision: means that a veterinarian currently licensed to practice veterinary medicine in this State is available on the premises and within immediate vocal communication of the supervisee. See South Carolina Code 40-69-20
• Director: means the Director of the Department of Labor, Licensing and Regulation. See South Carolina Code 40-75-20
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Emergency clinic: means a facility having as its primary function the receiving, treatment, and monitoring of emergency patients during its specified hours of operation. See South Carolina Code 40-69-20
• Emergency hospital: means a facility whose primary function is the receiving, treatment, and monitoring of emergency patients during its specified hours of operation and includes the confinement of emergency patients. See South Carolina Code 40-69-20
• EMS personnel: means emergency medical personnel certified by the South Carolina Department of Health and Environmental Control including first responders who have completed a Department of Health and Environmental Control approved medical first responder program. See South Carolina Code 44-78-15
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care facility: means any nonfederal public or private institution, building, agency, or portion thereof, whether for-profit or not-for-profit, that is used, operated, or designed to provide health services; medical treatment; or nursing, rehabilitative or preventive care to any person or persons. See South Carolina Code 44-80-10
• Health care provider: means a person licensed to practice medicine or osteopathy pursuant to Chapter 47 of Title 40. See South Carolina Code 44-78-15
• Health care provider: means a person, health care facility, organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws of this State to administer health care. See South Carolina Code 44-80-10
• Home health agency: shall mean public, nonprofit, or proprietary organization, whether owned or operated by one or more persons or legal entities, which furnishes or offers to furnish home health services. See South Carolina Code 44-69-20
• Home health services: shall mean those items and services furnished to an individual by a home health agency, or by others under arrangement with the home health agency, on a visiting basis, and except for subsection "e" below, in a place of temporary or permanent residence used as the individual's home as follows:
  
  (a) Part-time or intermittent skilled nursing care as ordered by a physician, an APRN pursuant to § 40-33-34(D)(2)(h), or a PA pursuant to § 40-47-935(B)(8) and as provided by or under the supervision of a registered nurse and at least one other service listed below;
  
  (b) Physical, occupational or speech therapy;
  
  (c) Medical social services, home health aide services and other therapeutic services;
  
  (d) Medical supplies and the use of medical appliances;
  
  (e) Any of the foregoing items and services which are provided on an outpatient basis under arrangements made by the home health agency with a hospital, nursing care facility, or rehabilitation center and the furnishing of which involves the use of equipment of such a nature that the items and services cannot be readily made available to the individual in his home, or which are furnished at such facility while the patient is there to receive such items or service, but not including transportation of the individual in connection with any such items or services. See South Carolina Code 44-69-20
• Hospice: means a centrally administered, interdisciplinary health care program, which provides a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family including, but not limited to, outpatient and inpatient services provided directly or through written agreement. See South Carolina Code 44-71-20
• Hospice facility: means an institution, place, or building in which a licensed hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring hospice care pursuant to the orders of a physician. See South Carolina Code 44-71-20
• In-home care: means care:
  
  (a) primarily intended to assist an individual with an activity of daily living or in meeting a personal rather than a medical need, but not including skilled care or specific therapy for an illness or injury;
  
  (b) given to assist an individual in an activity of daily living, such as walking, getting in and out of bed, bathing, dressing, feeding, using the toilet, preparing special diets, and supervising self-administered medication; and
  
  (c) personal in nature but not mandating continuing attention or supervision from trained and licensed medical personnel. See South Carolina Code 44-70-20
• In-home care provider: means a business entity, corporation, or association, whether operated for profit or not for profit, that for compensation directly provides or makes provision for in-home care services through its own employees or agents or through contractual arrangements with independent contractors or through referral of other persons to render in-home care services when the individual making the referral has a financial interest in the delivery of those services by those other persons who would deliver those services. See South Carolina Code 44-70-20
• Indirect supervision: means the supervising licensed veterinarian is available for immediate voice contact by telephone, radio, or other means, and shall provide consultation and review of cases at the veterinary facility. See South Carolina Code 40-69-20
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal representative: means a person with priority to make health care decisions for a patient pursuant to the Adult Health Care Consent Act. See South Carolina Code 44-80-10
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: shall mean a license issued by the Department. See South Carolina Code 44-69-20
• License: means an authorization to practice counseling, marriage and family therapy, issued by the board pursuant to this article and includes an authorization to practice as a professional counselor associate, marriage and family therapy associate, or addiction counselor associate. See South Carolina Code 40-75-20
• License: means any permit, approval, registration, or certificate issued by the board. See South Carolina Code 40-69-20
• Licensed practitioner: means a person licensed to practice medicine, dentistry, podiatry, chiropractic, or osteopathy in this State. See South Carolina Code 44-74-20
• Licensed professional counselor: means an individual who practices professional counseling. See South Carolina Code 40-75-20
• Licensed veterinarian: means a person who is licensed pursuant to this chapter to practice veterinary medicine in this State. See South Carolina Code 40-69-20
• Licensed veterinary technician: means a person who has received a degree in animal health technology from an American Veterinary Medical Association accredited school offering a program in animal health technology and who has been licensed to practice in this State. See South Carolina Code 40-69-20
• Licensee: shall mean the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the home health agency. See South Carolina Code 44-69-20
• Licensee: means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice or hospice facility. See South Carolina Code 44-71-20
• Licensee: means an individual who has met the requirements for licensure under this article and has been issued a license to practice as a professional counselor or professional counselor associate, marriage and family therapist or marriage and family therapy associate, or addiction counselor associate. See South Carolina Code 40-75-20
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life-sustaining procedures: means any medical procedures or intervention which would serve only to prolong the dying process and where, in the judgment of the attending physician, death will occur whether or not the procedures are utilized. See South Carolina Code 44-77-20
• Limited chest radiographer: means a person who conducts diagnostic radiography exams of the chest only, not to include mammography. See South Carolina Code 44-74-20
• Limited practice radiographer: means a person who conducts diagnostic radiology exams limited to the performance of specific procedures or applications of ionizing radiation to specific parts of the human body. See South Carolina Code 44-74-20
• Marriage and family therapy: means the assessment and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of marriage and family systems. See South Carolina Code 40-75-20
• member: means a person who contracts for the use of physical fitness services. See South Carolina Code 44-79-20
• Mobile facility: means a vehicle with special medical or surgical facilities or a vehicle suitable only for making house or farm calls. See South Carolina Code 40-69-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Multiple location: means a properly registered additional site, other than the licensed primary office, from which a parent hospice organization provides hospice services. See South Carolina Code 44-71-20
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nuclear medicine technologist: means a person, other than a licensed practitioner, who prepares and administers radiopharmaceutical agents to humans for diagnostic and therapeutic purposes. See South Carolina Code 44-74-20
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Outlet: means a separate location of a center which is not physically connected with another center but which uses the same name. See South Carolina Code 44-79-20
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent hospice: means a properly licensed hospice that, in addition to its primary office, also provides hospice services from a multiple location as defined in item (6). See South Carolina Code 44-71-20
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient: means an individual who presents or is presented to a health care provider for treatment. See South Carolina Code 44-80-10
• Permanent unconsciousness: means a medical diagnosis, consistent with accepted standards of medical practice, that a person is in a persistent vegetative state or some other irreversible condition in which the person has no neocortical functioning, but only involuntary vegetative or primitive reflex functions controlled by the brain stem. See South Carolina Code 44-77-20
• Person: means an individual, partnership, committee, association, corporation, hospital, or other organization or group. See South Carolina Code 44-77-20
• Person: means an individual, organization, or corporation, except that only individuals can be licensed under this article. See South Carolina Code 40-75-20
• Personal property: All property that is not real property.
• Physical fitness services: means facilities or services for the development of physical fitness through exercise or weight control. See South Carolina Code 44-79-20
• Physician: shall mean an individual currently licensed to practice medicine, surgery, or osteopathy in this State. See South Carolina Code 44-69-20
• Physician: means a person licensed to practice medicine. See South Carolina Code 44-77-20
• Physician: means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. See South Carolina Code 44-80-10
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Podiatric limited practice radiographer: means a person who conducts diagnostic radiology exams limited to the performance of specific procedures or applications of ionizing radiation to specific parts of the human body, working under the supervision of a licensed podiatrist. See South Carolina Code 44-74-20
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practice of professional counseling: means functioning as a psycho-therapist and may include, but is not limited to, providing individual therapy, family counseling, group therapy, marital counseling, play therapy, couples counseling, substance abuse counseling, vocational counseling, school counseling, rehabilitation counseling, intervention, human growth and development counseling, behavioral modification counseling, and hypnotherapy. See South Carolina Code 40-75-20
• Practice of veterinary medicine: means to:
  
  (a) diagnose, prescribe, or administer a drug, medicine, biologic, appliance, or application or treatment of whatever nature for the cure, prevention, or relief of a wound, fracture, or bodily injury or disease of an animal;
  
  (b) perform a surgical operation, including cosmetic surgery, upon an animal;
  
  (c) perform a manual procedure for the diagnosis or treatment for sterility or infertility of an animal, including embryo transplants;
  
  (d) offer, undertake, represent, or hold oneself out as being qualified to diagnose, treat, operate, or prescribe for an animal disease, pain, injury, deformity, or physical condition;
  
  (e) use words, letters, or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine. See South Carolina Code 40-69-20
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Primary office: means the main office of a hospice program from which a parent hospice provides hospice services to patients and their families and from which a parent hospice performs oversight, administrative, and coordination of care duties for any multiple location. See South Carolina Code 44-71-20
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• Radiation therapist: means a person, other than a licensed practitioner, who applies radiation to humans for therapeutic purposes. See South Carolina Code 44-74-20
• Radiographer: means a person, other than a licensed practitioner, who applies radiation to humans for diagnostic purposes including, but not limited to, mammography, cardiovascular-interventional technology, and computed tomography. See South Carolina Code 44-74-20
• Radiologic technologist: means a person who is a limited practice radiographer, radiographer, podiatric limited practice radiographer, limited chest radiographer, radiation therapist, or nuclear medicine technologist certified by the American Registry of Radiologic Technologists or who is certified by the South Carolina Radiation Quality Standards Association or who has obtained a certificate acceptable to the South Carolina Radiation Quality Standards Association. See South Carolina Code 44-74-20
• Referral: means evaluating and identifying needs of a client to determine the advisability of referral to other specialists, informing the client of this determination, and communicating as requested or considered appropriate with these referral sources. See South Carolina Code 40-75-20
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Resuscitative treatment: means artificial stimulation of the cardiopulmonary systems of the human body, through either electrical, mechanical, or manual means including, but not limited to, cardiopulmonary resuscitation. See South Carolina Code 44-78-15
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Supervision: means the supervision of clinical services in accordance with standards established by the board under the supervision of an approved supervisor. See South Carolina Code 40-75-20
• Temporary license: means temporary permission to practice veterinary medicine or animal technology issued pursuant to this chapter. See South Carolina Code 40-69-20
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Terminal condition: means an incurable or irreversible condition that, within reasonable medical judgment, could cause death within a reasonably short period of time if life-sustaining procedures are not used. See South Carolina Code 44-77-20
• Terminal condition: means an incurable or irreversible condition that within reasonable medical judgment will cause death within a reasonably short period of time with or without the administration of life-sustaining treatment. See South Carolina Code 44-78-15
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Veterinarian: means a person who has received a doctor's degree or equivalent in veterinary medicine. See South Carolina Code 40-69-20
• Veterinary medicine: includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine. See South Carolina Code 40-69-20
• Veterinary student preceptee: means a person who is a student enrolled and in good standing in a recognized college of veterinary medicine. See South Carolina Code 40-69-20