(A) The board shall examine all candidates for licensure as nurses, pass upon their qualifications to practice nursing in this State, and issue each successful applicant a license. A license is the property of the State and subject to return upon demand.
(B) A license must be issued in the person's legal name as verified by a birth certificate or other legal document acceptable to the board. If a licensee changes her or his name after a license has been issued, notification of the change must be filed with the board within fifteen business days, accompanied by a copy of the legal document that authorizes the change. A licensee's name may not be changed on a record in the office of the board without written authorization for the change and an adequate identification of the applicant.
(C) A statement verifying current license status may be secured from the board by a licensee who submits adequate identification and a written statement explaining the reason for the request, if the reason is satisfactory to the board.
(D)(1) The board may issue a temporary or limited license to practice nursing, in accordance with this subsection, or as may be provided for in regulation, to an applicant:
(a) for licensure as an advanced practice registered nurse, a registered nurse, or as a licensed practical nurse, if the applicant's preliminary credentials have been approved and whose fee has been paid;
(b) for licensure by endorsement as an advanced practice registered nurse, a registered nurse, or as a licensed practical nurse, for up to sixty days, unless further authorized by the administrator or designee, pending completion and approval of the application, if the applicant has filed an application, paid the fee, and has produced a valid license to practice in another jurisdiction;
(c) while participating in a refresher course for up to ninety days, unless further authorized by the administrator or designee, when the applicant is seeking reinstatement of a lapsed or an inactive license or licensure by endorsement and must submit evidence of nursing competence before returning to nursing practice; or
(d) for licensure as a graduate nurse to work in South Carolina, provided that:
(i) the graduate nurse must function under the supervision of a currently licensed registered nurse; and
(ii) the board may establish other requirements for the supervision and employment of graduate nurses as necessary.
(2) An applicant who has failed the licensing examination is not eligible for a temporary permit to practice nursing.
(3) The board or department may immediately cancel a temporary permit or license that was issued based upon false, fraudulent, or misleading information provided by an applicant.
(4) In addition to the provisions of items (2) and (3), a graduate nurse's temporary license shall be immediately revoked if:
(a) the board issues a permanent license to the graduate nurse;
(b) the board denies a permanent license for the graduate nurse;
(c) a complaint is filed against the graduate nurse alleging a violation of Chapter 33, Title 40 during the graduate nurse's temporary licensure period;
(d) the graduate nurse has not taken the NCLEX within ninety days of receiving a temporary license, except that the board may extend this time period if circumstances prevent the NCLEX from being offered during the period for which temporary licensure has been granted;
(e) the graduate nurse misrepresents being a registered nurse or a licensed practical nurse; or
(f) the graduate nurse is charged with a felony or misdemeanor, other than a minor traffic violation, while authorized to practice as a graduate nurse. For the purposes of this subitem, a minor traffic violation does not include instances related in any way to driving under the influence of alcohol or other drugs, or instances that result in the revocation or suspension of a graduate nurse's driver's license.
(E)(1) For the purposes of this section, a "graduate nurse" means an unlicensed graduate who completes an accredited basic nursing education program, in either registered nursing or practical nursing, within the United States, its territories, or dependencies within one year of seeking licensure.
(2) In order to obtain licensure as a graduate nurse, a candidate must:
(a) file a completed initial application for licensure by examination with the board and pay the associated fee;
(b) have never taken and failed the NCLEX;
(c) have registered to take the NCLEX with the examination administration service;
(d) have no prior felony convictions and have no criminal charges pending; and
(e) comply with Section 40-33-32 if the candidate is a foreign-educated graduate.
HISTORY: 2004 Act No. 225, Section 1; 2008 Act No. 194, Section 4; 2021 Act No. 51 (S.455), Sections 1.A, 1.B, eff May 17, 2021.
Effect of Amendment
2021 Act No. 51, Section 1.A, in (D), in (1), made a nonsubstantive change in (c) and added (d), and added (4).
2021 Act No. 51, Section 1.B, added (E).
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.