As used in this article:
(1) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action.
(2) "Alternative program" means a nondisciplinary monitoring program approved by a licensing board.
(3) "Commission" means the Interstate Commission of Nurse Licensure Compact Administrators.
(4) "Coordinated licensure information system" means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.
(5) "Current significant investigative information" means:
(a) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
(b) investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
(6) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.
(7) "Home state" means the party state which is the nurse's primary state of residence.
(8) "Licensing board" means a party state's regulatory body responsible for issuing nurse licenses.
(9) "Multistate license" means a license to practice as a registered or a licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.
(10) "Multistate licensure privilege" means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state.
(11) "Nurse" means RN or LPN/VN, as those terms are defined by each party state's practice laws.
(12) "Party state" means any state that has adopted this compact.
(13) "Remote state" means a party state, other than the home state.
(14) "Single-state license" means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.
(15) "State" means a state, territory, or possession of the United States and the District of Columbia.
(16) "State practice laws" means a party state's laws, rules, and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. "State practice laws" do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
HISTORY: 2005 Act No. 87, Section 2; 2017 Act No. 41 (H.3349), Section 1, eff May 10, 2017.
Editor's Note
2005 Act No. 87, Section 7, provides as follows:
"This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006."
Effect of Amendment
2017 Act No. 41, Section 1, rewrote the section to reflect changes mandated for membership in the Nurse Licensure Compact.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-33-5. Application of Chapter 1, Article 1; conflicts.
Section 40-33-20. Definitions.
Section 40-33-25. Criminal records checks; dishonored check as evidence of act of moral turpitude.
Section 40-33-32. Initial licensure examination; foreign educated nurses.
Section 40-33-33. Inactive status of certain licenses.
Section 40-33-35. Licensing of applicant authorized to practice in other states.
Section 40-33-36. Issuance of licenses; temporary or limited licenses.
Section 40-33-37. Volunteer licenses.
Section 40-33-38. Renewal of licenses.
Section 40-33-39. Identification badges.
Section 40-33-40. Demonstration of competency for initial and renewal of licenses.
Section 40-33-41. Request for inactive status.
Section 40-33-42. Delegation of tasks to unlicensed assistive personnel.
Section 40-33-44. Exceptions to supervision requirements for licensed practical nurses.
Section 40-33-50. Administrative support of board activities; establishment of fees.
Section 40-33-70. Code of ethics.
Section 40-33-80. Investigation of complaints and violations.
Section 40-33-90. Administration of oaths.
Section 40-33-100. Issuance of restraining orders and cease and desist orders.
Section 40-33-110. Grounds for discipline of licensees.
Section 40-33-111. Reporting misconduct; review of findings of board.
Section 40-33-115. Jurisdiction of the board.
Section 40-33-120. Fines and other discipline; effective date; stay or supersedeas.
Section 40-33-130. Denial of licensure.
Section 40-33-140. Effect of criminal record.
Section 40-33-150. Surrender of license.
Section 40-33-160. Appeal; board decision not stayed pending appeal.
Section 40-33-180. Payment of costs and fines.
Section 40-33-190. Matters relating to complaint and proceeding privileged.
Section 40-33-200. Unauthorized practice; penalty.
Section 40-33-210. Civil action for injunctive relief.
Section 40-33-220. Severability.
Section 40-33-230. Licensure requirements for foreign-educated nurses.
Section 40-33-1300. Nurse Licensure Compact enacted.
Section 40-33-1305. Findings; purposes.
Section 40-33-1310. Definitions.
Section 40-33-1315. General provisions and jurisdiction.
Section 40-33-1320. Applications for licensure in a party state.
Section 40-33-1325. Additional authorities invested in party state licensing boards.
Section 40-33-1340. Coordinated licensure information system and exchange of information.
Section 40-33-1350. Rulemaking.
Section 40-33-1355. Oversight, dispute resolution and enforcement.
Section 40-33-1360. Effective date, withdrawal and amendment.