South Carolina Code 40-67-540. Compact privilege
(1) hold an active license in the home state;
Terms Used In South Carolina Code 40-67-540
- 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 an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice. See South Carolina Code 40-67-520
- Audiologist: means an individual who is licensed by a state to practice audiology. See South Carolina Code 40-67-520
- Audiology: means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules. See South Carolina Code 40-67-520
- Commission: means the national administrative body whose membership consists of all states that have enacted the compact. See South Carolina Code 40-67-520
- Compact privilege: means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. See South Carolina Code 40-67-520
- Encumbered license: means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB). See South Carolina Code 40-67-520
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Home state: means the member state that is the licensee's primary state of residence. See South Carolina Code 40-67-520
- License: means an authorization to practice speech-language pathology or audiology issued by the board pursuant to this chapter and includes an authorization to practice as a speech-language pathology intern, an audiology intern, and a speech-language pathology assistant. See South Carolina Code 40-67-20
- Licensee: means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist. See South Carolina Code 40-67-520
- Member state: means a state that has enacted the compact. See South Carolina Code 40-67-520
- 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 40-67-520
- Single-state license: means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state. See South Carolina Code 40-67-520
- Speech-language pathologist: means an individual who is licensed by a state to practice speech-language pathology. See South Carolina Code 40-67-520
- Speech-language pathology: means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules. See South Carolina Code 40-67-520
- State: means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology. See South Carolina Code 40-67-520
(2) have no encumbrance on any state license;
(3) be eligible for a compact privilege in any member state in accordance with § 40-67-530;
(4) have not had any adverse action against any license or compact privilege within the previous two years from the date of application;
(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; and
(7) report to the commission adverse action taken by any nonmember state within thirty days from the date the adverse action is taken.
(B) For the purposes of the compact privilege, an audiologist or speech-language pathologist may hold only one home state license at a time.
(C) Except as provided for in § 40-67-560, if an audiologist or speech-language pathologist changes primary state of residence by moving between two member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state must be deactivated in accordance with applicable rules adopted by the commission.
(D) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.
(E) A license may not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.
(F) If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state converts to a single-state license, valid only in the former home state.
(G) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (A) to maintain the compact privilege in the remote state.
(H) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(I) A licensee providing audiology or speech-language pathology services 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.
(J) If a home state license is encumbered, the licensee loses compact privilege in any remote state until:
(1) the home state license is no longer encumbered; and
(2) two years have elapsed from the date of the adverse action.
(K) 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.
(L) Once the requirements of subsection (J) have been met, the licensee must meet the requirements in subsection (A) to obtain a compact privilege in a remote state.