South Carolina Code 40-45-540. Compact privilege
(1) hold a license in the home state;
Terms Used In South Carolina Code 40-45-540
- Adverse action: means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both. See South Carolina Code 40-45-520
- Commission: means the national administrative body whose membership consists of all states that have enacted the compact. See South Carolina Code 40-45-520
- Compact privilege: means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. See South Carolina Code 40-45-520
- Encumbered license: means a license that a physical therapy licensing board has limited in any way. See South Carolina Code 40-45-520
- Home state: means the member state that is the licensee's primary state of residence. See South Carolina Code 40-45-520
- Jurisprudence: The study of law and the structure of the legal system.
- Licensee: means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant. See South Carolina Code 40-45-520
- Member state: means a state that has enacted the compact. See South Carolina Code 40-45-520
- physical therapy: as used in this chapter , and nothing in this chapter shall be construed to authorize a physical therapist to prescribe medications or order laboratory or other medical tests. See South Carolina Code 40-45-20
- Remote state: means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege. See South Carolina Code 40-45-520
- State: means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy. See South Carolina Code 40-45-520
(2) have no encumbrance on any state license;
(3) be eligible for a compact privilege in any member state in accordance with subsections (D), (G), and (H);
(4) have not had any adverse action against any license or compact privilege within the previous two years;
(5) notify the commission that the licensee is seeking the compact privilege within a remote state;
(6) pay any applicable fees, including any state fee, for the compact privilege;
(7) meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and
(8) report to the commission adverse action taken by any nonmember state within thirty days from the date the adverse action is taken.
(B) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of subsection (A) to maintain the compact privilege in the remote state.
(C) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(D) A licensee providing physical therapy in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
(E) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
(1) the home state license is no longer encumbered; and
(2) two years have elapsed from the date of the adverse action.
(F) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (A) to obtain a compact privilege in any remote state.
(G) If a licensee’s compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:
(1) the specific period of time for which the compact privilege was removed has ended;
(2) all fines have been paid; and
(3) two years have elapsed from the date of the adverse action.
(H) Once the requirements of subsection (G) have been met, the licensee must meet the requirements in subsection (A) to obtain a compact privilege in a remote state.