Terms Used In South Carolina Code > Title 40 > Chapter 47 > Article 6 - Acupuncture Act of South Carolina

• abandoned: means any watercraft that has been moored, stranded, wrecked, sinking, or sunk, and has been left unattended for longer than forty-five days. See South Carolina Code 50-21-10
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Aquaculture: means controlled cultivation of an aquatic species in confinement. See South Carolina Code 50-18-210
• Aquaculture business: means being involved in aquaculture for a commercial purpose. See South Carolina Code 50-18-210
• Aquacultured product: means any living or nonliving form, part, or portion of an aquatic species spawned, raised, or produced by means of aquaculture, including an egg or offspring thereof. See South Carolina Code 50-18-210
• Aquaculturist: means a person or entity engaged in aquaculture. See South Carolina Code 50-18-210
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• 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 board of trustees of the university;
  
  (2) "equipment" means items with a useful life of at least fifteen years;
  
  (3) "facilities" means the real and personal property and equipment specified in § 59-147-20(2) of this chapter whether or not the acquisition or construction thereof is financed from the proceeds of bonds issued pursuant to this chapter;
  
  (4) "revenues" means the revenues derived or to be derived from the operation, sale, lease, or other disposition of the facilities; and
  
  (5) "university" means all research and four-year public institutions of higher education. See South Carolina Code 59-147-20
• Board: means the Board of Commissioners of the South Carolina Lottery Commission. See South Carolina Code 59-150-20
• Board: means the State Board of Medical Examiners for South Carolina. See South Carolina Code 40-47-20
• Boat: means a vessel. See South Carolina Code 50-21-10
• casino gambling: means a location or business for the purpose of conducting unlawful gambling activities, but excluding the sale and purchase of lottery game tickets or shares; and "pari-mutuel betting" means a method or system of wagering on actual races including races involving horses or dogs at tracks and the distribution of winnings by pools. See South Carolina Code 59-150-20
• Certification: means approval by an established body, other than the board, but recognized by the board, that recognizes the unique, minimal requirements of specialized areas of practice. See South Carolina Code 40-47-20
• Commercial purpose: means the culture, processing, purchase, sale, transfer, exchange, or the offer or exposure for sale, transfer, or exchange of a product, or engaging in aquaculture or aquaculture business in order to derive income or other consideration. See South Carolina Code 50-18-210
• Commission: means the South Carolina Lottery Commission. See South Carolina Code 59-150-20
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Dentist: means a dentist licensed by the South Carolina Board of Dentistry. See South Carolina Code 40-47-20
• Department: means the State Department of Education. See South Carolina Code 59-146-30
• Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Executive director: means the Executive Director of the South Carolina Lottery Commission or his designee. See South Carolina Code 59-150-20
• Fiduciary: A trustee, executor, or administrator.
• Final decision: means an order of the board that concludes a license application proceeding or formal disciplinary proceeding. See South Carolina Code 40-47-20
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
• Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• Immediate family: means a person who is:
  
  (a) a spouse;
  
  (b) a child residing in the same household; or
  
  (c) claimed as a dependent for income tax purposes. See South Carolina Code 59-150-20
• Incompetence: means the failure of a licensee to demonstrate and apply the knowledge, skill, and care that is ordinarily possessed and exercised by other practitioners of the same licensure status and required by the generally accepted standards of the profession. See South Carolina Code 40-47-20
• Initial licensure: means the first authorization to practice issued to a person by a licensing authority in this State or any other state. See South Carolina Code 40-47-20
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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}
• License: means a current document authorizing a person to practice. See South Carolina Code 40-47-20
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• lottery games: means a game of chance approved by the General Assembly and operated pursuant to this chapter including, but not limited to, the lottery game categories of instant tickets, on-line lottery games and drawing numbers but excluding keno, pari- mutuel betting, and casino gambling as defined in this section. See South Carolina Code 59-150-20
• Lottery retailer: means a person who sells lottery game tickets or shares on behalf of the South Carolina Lottery Commission pursuant to a contract. See South Carolina Code 59-150-20
• Lottery vendor: means a person who provides or proposes to provide goods or services to the South Carolina Lottery Commission pursuant to a procurement contract, but does not include an employee of the commission, a lottery retailer, or a state agency or instrumentality of the State. See South Carolina Code 59-150-20
• members: means a Commissioner or Commissioners of the Board of the South Carolina Lottery Commission. See South Carolina Code 59-150-20
• Mile: means one nautical mile, being six thousand seventy-six feet. See South Carolina Code 50-5-15
• Minority business: means a business which meets the definition of a socially and economically disadvantaged small business as described in Article 21, Chapter 35 of Title 11, specifically a small business concern which:
  
  (a) is at least fifty-one percent owned by one or more citizens of the United States who are determined to be socially and economically disadvantaged;
  
  (b) in the case of a concern which is a corporation, at least fifty-one percent of all classes of voting stock of such corporation is owned by an individual determined to be socially and economically disadvantaged; or
  
  (c) in the case of a concern which is a partnership, at least fifty-one percent of the partnership interest is owned by an individual or individuals determined to be socially and economically disadvantaged or whose management and daily business operations are controlled by individuals determined to be socially and economically disadvantaged. See South Carolina Code 59-150-20
• Misconduct: means violation of any of the provisions of this chapter or regulations promulgated by the board pursuant to this chapter or violation of any of the principles of ethics as adopted by the board or incompetence or unprofessional conduct. See South Carolina Code 40-47-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Net proceeds: means all revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery games, less operating expenses and prizes. See South Carolina Code 59-150-20
• 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.
• Nonindigenous species: means a species, strain, or variety not native to this State and not established in the wild in this State. See South Carolina Code 50-18-210
• 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.
• Operate: means to navigate, steer, drive, or be in control. See South Carolina Code 50-21-10
• Operating expenses: means all costs of doing business including, but not limited to, prizes, commissions, and other compensation paid to a lottery retailer, advertising and marketing costs, rental fees, personnel costs, capital costs, depreciation of property and equipment, funds for compulsive gambling education and treatment, amounts held in or paid from a fidelity fund pursuant to § 59-150-170, and other operating costs. See South Carolina Code 59-150-20
• Osteopathic medicine: means a complete school of medicine and surgery utilizing all methods of diagnosis and treatment in health and disease and placing special emphasis on the interrelationship of the musculo-skeletal system to all other body systems. See South Carolina Code 40-47-20
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
• 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.
• Person: means an individual, corporation, partnership, unincorporated association, or other legal entity. See South Carolina Code 59-150-20
• Person: means an individual, firm, corporation, association, partnership, club, private body, or other entity. See South Carolina Code 50-18-210
• Person: means a natural person, male or female. See South Carolina Code 40-47-20
• Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
• Personal property: All property that is not real property.
• 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.
• Prize: means an award, gift, or anything of value regardless of whether there are conditions or restrictions attached to its receipt. See South Carolina Code 59-150-20
• Proceeds: means all lottery revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery or received by the commission. See South Carolina Code 59-150-20
• Quorum: The number of legislators that must be present to do business.
• Reactivation: means the restoration to active status of an authorization from inactive status. See South Carolina Code 40-47-20
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Respondent: means a person charged with responding in a disciplinary or other administrative action. See South Carolina Code 40-47-20
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revocation: means the permanent cancellation or withdrawal of an authorization issued by the board. See South Carolina Code 40-47-20
• School district: means a public body corporate and politic operating as a school district under the provisions of Chapter 17 of Title 59. See South Carolina Code 59-146-30
• School facilities: means only those facilities defined as 'school facilities' in § 59-144-30. See South Carolina Code 59-146-30
• Shad: means American or white shad (Alosa sapidissima) and hickory or skip-jack shad (Alosa mediocris). See South Carolina Code 50-5-15
• Share: means an intangible interest in a lottery ticket, by way of assignment, contractual participation, or other claim or right. See South Carolina Code 59-150-20
• State board: means the State Board of Education. See South Carolina Code 59-146-30
• State school facilities bonds: means general obligation bonds of the State of South Carolina issued under the authority of this chapter. See South Carolina Code 59-146-30
• Subpoena: A command to a witness to appear and give testimony.
• Supervision: means the process of critically observing, directing, and evaluating another person's performance, unless otherwise provided by law. See South Carolina Code 40-47-20
• Suspension: means the temporary withdrawal of authorization to practice for either a definite or indefinite period of time ordered by the board. See South Carolina Code 40-47-20
• Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
• Temporary license: means a current, time-limited document that authorizes practice at the level for which one is seeking licensure. See South Carolina Code 40-47-20
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Ticket: means tangible evidence issued by the South Carolina Lottery Commission to provide participation in a lottery game. See South Carolina Code 59-150-20
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Venue: The geographical location in which a case is tried.
• Watercraft: means anything used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or anything that does not meet construction or operational requirements of the state or federal government for watercraft. See South Carolina Code 50-21-10