Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
AMENDED
February 21, 2008
H. 4476
S. Printed 2/21/08--H.
Read the first time January 15, 2008.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-1-145 SO AS TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK OF AN APPLICANT FOR A PRACTICE AUTHORIZATION AND TO AUTHORIZE THE DEPARTMENT TO REQUIRE SUCH A BACKGROUND CHECK IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING; TO AMEND SECTION 40-1-90, RELATING TO DISCIPLINARY PROCEEDING, SO AS TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO ESTABLISH PROCEDURES FOR CONDUCTING CONTESTED CASE PROCEEDINGS; AND TO AMEND SECTION 40-1-180, AS AMENDED, RELATING TO COLLECTION OF COSTS AND FINES IMPOSED PURSUANT TO A PROCEEDING CONDUCTED BY THE DEPARTMENT, SO AS TO PROVIDE THAT COSTS AND FINES IMPOSED BY THE DEPARTMENT ARE SUBJECT TO THE SET-OFF DEBT COLLECTION ACT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 40 of the 1976 Code is amended by adding:
"Section 40-1-145. (A) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for a practice authorization, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action.
(B) In an investigation or disciplinary proceeding concerning a person authorized to practice a profession or occupation, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the department and may be recovered as administrative costs associated with an investigation or hearing pursuant to this chapter unless ordered by the board as a cost in a disciplinary proceeding. The department shall keep information received pursuant to this section confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 2:53 P.M.