(A) An applicant for initial licensure must pass the appropriate National Council Licensure Examination (NCLEX) prescribed by the board. The applicant shall comply with all application procedures established by the governing body of the NCLEX and by the board. Applications for licensure are valid for one year from the date of filing with the board. An applicant who fails to attain licensure during this period shall submit a new application with the prescribed fee.
(B) The board shall admit an applicant for licensure examination if the applicant:
(1) submits a completed application on a form provided by the board;
(2) submits a 2" x 2" photograph, signed and dated;
(3) submits the appropriate application fee;
(4) submits satisfactory proof of identity and age demonstrating that the applicant is eighteen years of age or older;
(5) submits a copy of the applicant's social security card or permanent resident card; a resident alien who does not have a social security number must have an alien identification number;
(6) has not committed any acts that are grounds for disciplinary action;
(7) has completed all requirements for graduation from an approved school of nursing or nursing education program approved by the state or jurisdiction in this country or territory or dependency of the United States in which the program is located.
(C) Credit may not be given in an initial application for an unapproved correspondence course or for experience gained through employment.
(D) The board shall accept applicants for the National Council Licensure Examination-PN who:
(1) have successfully completed an approved nursing education program for professional nursing within the past five years of the date of the application;
(2) have received an equivalent education from an approved nursing education program within the past three years of the date of the application.
(E) An applicant who does not pass the licensure examination on the first attempt may retake the examination not more frequently than once every forty-five days for up to one year from the first attempt. An applicant who does not pass the examination within one year of the first examination shall provide evidence satisfactory to the board of remediation approved by the board before reexamination. An applicant who has not passed the National Council Licensure Examination within three years of graduation must requalify to take the examination by enrolling in an approved nursing education program and demonstrating knowledge, skills, and ability of a graduate nurse.
(F) A foreign educated nurse who holds a license to practice in a jurisdiction outside a state or jurisdiction in this country or territory or dependency of the United States who applies for licensure as a nurse shall satisfy all the requirements of this section and the following:
(1) An applicant's general education and nursing education must be at a level required of graduates of nursing education programs in this State who are candidates for licensure as verified by a certificate of the Commission on Graduates of Foreign Nursing Schools or another board-approved credentials evaluation service. An applicant whose native language is not English shall submit evidence of passing the Test of English as First Language (TOEFL), Test of Written English (TWE), and Test of Spoken English (TSE) offered by TOEFL/TSE Services or another service approved by the board. An applicant whose education for nursing is not verified as equivalent may qualify for a license by completing a supplemental course as prescribed by the board to be covered in an approved nursing education program and, upon completion of the course, writing and passing the licensing examination.
(2) An applicant shall pass the appropriate National Council Licensure Examination and shall comply with all application procedures established by the governing body of the NCLEX and by the board. Applications for licensure are valid for one year from the date of filing with the board. An applicant who fails to attain licensure during this period shall submit a new application with the prescribed fee.
(3) An applicant shall submit verification of authorization to practice as a registered nurse, licensed practical nurse, or comparable title from the country of original licensure.
(4) A foreign educated applicant who does not become licensed within three years of first taking the examination shall requalify to take the National Council Licensure Examination (NCLEX) by enrolling in an approved nursing education program and demonstrating knowledge, skills, and ability of a graduate nurse.
HISTORY: 2004 Act No. 225, Section 1; 2008 Act No. 194, Section 1.
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.