The South Carolina legislature addresses the essence of its power to regulate the private practice of certain occupations, professions and trades in the South Carolina Code of Laws, Section 40-1-10 (extent of regulation). To administer this power, the legislature created the Department of Labor, Licensing and Regulation (LLR), which regulates a total of 111 different private practices with 39 professional and occupational boards through 33 different chapters in the South Carolina Code of Regulations.
Code of Regulations
Throughout the 103 active chapters of the South Carolina Code of Regulations, about one-third of them specifically empower the LLR to control the manner in which private individuals enter into and manage the private practice of their various occupations, professions and trades.
These regulations cover all aspects of the private practice of occupations, professions and trades ranging from accountants to wrestlers. The various regulations also empower LLR to enforce state mandates upon private practice.
Division of Professional and Occupational Licensing
LLR regulates the private practice of occupations, professions and trades through its Division of Professional and Occupational Licensing, which consists of the Office of Board Services (OBS), the Office of Investigations and Enforcement and the Office of Licensure and Compliance.
OBS oversees 39 professional and occupational boards. The basic standards that mostly all of these boards regulate and enforce, for the application and maintenance of a private practice license, include: general application requirements, including examinations; private practice privileges based on the occupation, profession or trade; continuing education requirements; and peer review.
Extent of Regulation
South Carolina law confirms that people have the right to engage in the private practice of the occupation, profession or trade of their choice. The legislature cannot curtail this right, but it can regulate the privilege of exercising this right through its police powers when it is clearly found that doing so is essential to protect the general public's health, safety and welfare from potential harm.
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