South Carolina Code 40-33-1315. General provisions and jurisdiction
(B) A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. These procedures must include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.
Terms Used In South Carolina Code 40-33-1315
- Administrator: means the individual to whom the director has delegated authority to administer the programs of a specific board or of a professional or occupational group for which the department has regulatory authority or has delegated authority to administer the programs of a specific board;
(2) "Authorization to practice" or "Practice authorization" means the approval to practice the specified profession, engage in the specified occupation, or use a title protected under this article, which has been granted by the applicable board. See South Carolina Code 40-1-20 - 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. See South Carolina Code 40-33-1310
- Alternative program: means a nondisciplinary monitoring program approved by a licensing board. See South Carolina Code 40-33-1310
- Commission: means the Interstate Commission of Nurse Licensure Compact Administrators. See South Carolina Code 40-33-1310
- 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. See South Carolina Code 40-33-1310
- Home state: means the party state which is the nurse's primary state of residence. See South Carolina Code 40-33-1310
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensing board: means a party state's regulatory body responsible for issuing nurse licenses. See South Carolina Code 40-33-1310
- 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. See South Carolina Code 40-33-1310
- 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. See South Carolina Code 40-33-1310
- Nurse: means RN or LPN/VN, as those terms are defined by each party state's practice laws. See South Carolina Code 40-33-1310
- Party state: means any state that has adopted this compact. See South Carolina Code 40-33-1310
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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. See South Carolina Code 40-33-1310
- State: means a state, territory, or possession of the United States and the District of Columbia. See South Carolina Code 40-33-1310
- 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. See South Carolina Code 40-33-1310
(C) Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:
(1) meets the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws;
(2) has graduated:
(a) or is eligible to graduate from a licensing board-approved RN or LPN/VN prelicensure education program; or
(b) from a foreign RN or LPN/VN prelicensure education program that has been:
(i) approved by the authorized accrediting body in the applicable country; and
(ii) verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program;
(3) has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the individual’s native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening;
(4) has successfully passed an NCLEX-RN or NCLEX-PN examination or recognized predecessor, as applicable;
(5) is eligible for or holds an active, unencumbered license;
(6) has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;
(7) has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law;
(8) has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
(9) is not currently enrolled in an alternative program;
(10) is subject to self-disclosure requirements regarding current participation in an alternative program; and
(11) has a valid United States Social Security number.
(D) All party states must be authorized, in accordance with existing state due process law, to take adverse action against a nurse’s multistate licensure privilege such as revocation, suspension, probation, or any other action that affects a nurse’s authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system must promptly notify the home state of any such actions by remote states.
(E) A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but must include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided.
(F) Individuals not residing in a party state shall continue to be able to apply for a party state’s single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact may affect the requirements established by a party state for the issuance of a single-state license.
(G) A nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by his then-current home state, provided that a nurse who:
(1) changes primary state of residence after this compact’s effective date, must meet all applicable requirements of subsection (C) to obtain a multistate license from a new home state; and
(2) fails to satisfy the multistate licensure requirements in subsection (C) due to a disqualifying event occurring after this compact’s effective date must be ineligible to retain or renew a multistate license, and the nurse’s multistate license must be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators.