(A) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted pursuant to it. Rules and amendments become binding as of the date specified in each rule or amendment and have the same force and effect as provisions of this compact.
(B) Rules or amendments to the rules must be adopted at a regular or special meeting of the commission.
(C) Prior to promulgation and adoption of a final rule or rules by the commission, and at least sixty days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking on the websites of:
(1) the commission; and
(2) each licensing board or the publication in which each state would otherwise publish proposed rules.
(D) The notice of proposed rulemaking must include:
(1) the proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
(2) the text of the proposed rule or amendment and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any interested person; and
(4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(E) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which must be made available to the public.
(F) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.
(G) The commission shall publish the place, time, and date of the scheduled public hearing, provided:
(1) hearings must be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing;
(2) all hearings will be recorded and a copy will be made available upon request; and
(3) nothing in this subsection may be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(H) If no one appears at the public hearing, the commission may proceed with promulgation of the proposed rule.
(I) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(J) The commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(K) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this compact and in this section must be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to:
(1) meet an imminent threat to public health, safety, or welfare;
(2) prevent a loss of commission or party state funds; or
(3) meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.
(L) The commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision is subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the commission before the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
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. Former section was titled Immunity of officers and employees of party state licensing boards.
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.