South Carolina S 377: Local Government - Charleston County Constituent School Districts

Status: Referred to Charleston Delegation (as of 2023-03-29)

State: South Carolina · Session: 2023-2024 · Bill: S 377

Sponsors: Campsen

Bill Text

2025-2026 Bill 377 Text of Previous Version (Feb. 25, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 377

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
40-42-40 SO AS TO ENABLE CERTAIN HEALTHCARE PROVIDERS TO PROVIDE HEALTHCARE 
SERVICES USING TELEHEALTH TO CLIENTS IN THIS STATE, TO PROVIDE REGISTRATION REQUIREMENTS 
FOR SUCH PROVIDERS, TO PROVIDE A NECESSARY DEFINITION, AND TO PROVIDE RELATED 
DUTIES ON LICENSING BOARDS; AND BY AMENDING SECTION 40-47-37, RELATING TO 
ENABLING CERTAIN PHYSICIANS TO PROVIDE HEALTHCARE SERVICES USING TELEHEALTH TO 
CLIENTS IN THIS STATE, TO PROVIDE REGISTRATION REQUIREMENTS FOR SUCH 
PHYSICIANS, TO PROVIDE NECESSARY DEFINITIONS, AND TO PROVIDE RELATED DUTIES OF 
THE STATE BOARD OF MEDICAL EXAMINERS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 42, Title 40 of the S.C. Code is amended by 
adding:

 Section 
40-42-40. (A) For purposes of this 
section:

 (1) 
"Provider" means a professional licensed by a licensing board and authorized to 
practice healthcare pursuant to this title, or someone who holds a certificate 
to practice healthcare and meets the requirements pursuant to Section 
40-47-40(C)(2).

 (2) 
"Telehealth" means the use of electronic communication as defined in Section 
40-42-10 between a provider located outside this State and a client located in 
this State with or without an intervening practitioner.

 (B) A 
provider who holds an active license or certificate to provide healthcare 
services in another state or jurisdiction may provide healthcare services using 
telehealth to a client located in this State if the individual is registered 
with the licensing board and provides the services within the applicable scope 
of practice established by this State. Such a provider has the duty to practice 
in a manner consistent with his scope of practice and the prevailing standard 
of care to clients in this State.

 (C) To 
be registered, the individual must:

 (1) 
complete an application in the format prescribed by the licensing board;

 (2) 
be licensed with an active, unencumbered license or certificate that is issued 
by another state, the District of Columbia, or a possession or territory of the 
United States and that is substantially similar to a license issued by South 
Carolina;

 (3) 
have not been the subject of disciplinary action relating to his license during 
the five-year period immediately prior to the submission of the application; 
and

 (4) 
pay a ten dollar fee.

 (D) 
The website of a telehealth provider must prominently display a hyperlink to 
the licensing board's website containing information required under subsection 
(F).

 (E) 
The individual may not register under this section if his license to provide healthcare 
services is subject to a pending disciplinary investigation or action or has 
been revoked in any state or jurisdiction. A provider registered under this 
section must notify the licensing board of restrictions placed on his license 
to practice, or any disciplinary action taken or pending against him, in any 
state or jurisdiction. The notification must be provided within five business 
days after the restriction is placed or disciplinary action is initiated or 
taken.

 (F) 
The licensing board shall publish on its website a list of all registrants and 
include, to the extent applicable, each registrant's:

 (1) 
name;

 (2) 
address;

 (3) 
out-of-state license type with the license number; and

 (4) 
South Carolina telehealth registration number.

 (G) 
The licensing board may take disciplinary action against an out-of-state 
registrant registered under this section if the individual:

 (1) 
fails to notify the licensing board of any adverse actions taken against his 
license as required under subsection (E);

 (2) 
has restrictions placed on or disciplinary action taken against his license in 
any state or jurisdiction;

 (3) 
violates any of the requirements of this section; or

 (4) 
commits any act that constitutes grounds for disciplinary action under the licensing 
board's statutes or regulations.

 (H) 
For the purposes of this section, the delivery of telehealth services by a 
registrant licensed by another state or jurisdiction to a client residing in 
this State is deemed to occur in this State, and the registrant consents, as a 
condition of registration, to the personal and subject matter jurisdiction and 
disciplinary authority of the licensing board.

 (I) 
Nothing in this section requires or authorizes an individual licensed by this 
State pursuant to this chapter to obtain a telehealth registration in order to 
provide telehealth services to a client residing in this State.

SECTION 2. Section 40-47-37 of the S.C. Code is amended by a

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