South Carolina Code of Laws
Chapter 38 - Opticians
Section 40-38-90. Participation in hearing by board member filing complaint or conducting investigation.

If a board member files a complaint or conducts the initial investigation of a complaint, the board member must not participate in the capacity as board member at the hearing of that complaint.
HISTORY: 1998 Act No. 426, Section 1.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 38 - Opticians

Section 40-38-5. Application of chapter; conflict of laws.

Section 40-38-10. Board of Examiners in Opticianry; membership; nominations; terms; removal.

Section 40-38-20. Definitions.

Section 40-38-30. Unlawful to practice opticianry without license.

Section 40-38-50. Administration of Board by Department of Labor, Licensing and Regulation.

Section 40-38-60. Adoption of bylaws to govern board proceedings.

Section 40-38-70. Board responsibilities regarding examinations, investigations, and prosecutions.

Section 40-38-80. Collection of evidence for investigations and other board proceedings.

Section 40-38-90. Participation in hearing by board member filing complaint or conducting investigation.

Section 40-38-100. Injunctive actions allowed by board.

Section 40-38-110. Grounds for license revocation, suspension, or limitations, or for disciplinary action against licensee.

Section 40-38-115. Jurisdiction of board.

Section 40-38-120. Disciplinary actions permitted by board; procedures.

Section 40-38-130. Denial of license on same grounds as for disciplinary actions.

Section 40-38-140. Denial of license based on prior criminal record.

Section 40-38-150. Voluntary surrender of license by licensee under investigation.

Section 40-38-160. Right of aggrieved person to seek review of board decision.

Section 40-38-170. Payment of investigation and prosecution costs by violator.

Section 40-38-180. Collection of costs and fines.

Section 40-38-190. Confidentiality of proceedings under provisions of this chapter.

Section 40-38-200. Violations; penalty.

Section 40-38-210. Additional civil penalties and injunctive relief.

Section 40-38-230. Examinations; applications; fees; competency examinations; contact lens examinations.

Section 40-38-240. Qualifications for licensure as optician or contact lens optician.

Section 40-38-250. Apprentices and apprenticeships; promulgation of regulations.

Section 40-38-260. Annual renewal of licenses and registrations; fees; revocation for default; reinstatement; continuing education requirements.

Section 40-38-270. Fitting of contact lenses and professional determinations by opticians prohibited; exception.

Section 40-38-280. Ophthalmic dispensing of services and appliances; prescription required; exceptions.

Section 40-38-290. Dispensing of spectacles to public from manufacturing or warehouse locations prohibited.

Section 40-38-300. Use of optician's license by unlicensed persons unlawful; assistants under supervision of opticians; delegation of tasks.

Section 40-38-310. Unlawful advertising, sales, and pricing acts regarding ophthalmic goods and services; required disclosures.

Section 40-38-320. Use of third-party solicitations; restrictions.

Section 40-38-330. Regulations by board concerning employment, location and number of stores, advertising, and display of products prohibited.

Section 40-38-340. Advertising by dispensing optician under corporate name, trade name, or as successor to another optician.

Section 40-38-350. Display of certificate of licensure; effect of failure to display certificate.

Section 40-38-360. Service of required notices; prima facie evidence.

Section 40-38-370. Persons excepted from application of chapter.

Section 40-38-380. Immunity.

Section 40-38-390. Severability.