Terms Used In South Carolina Code > Title 33 > Chapter 37 > Article 10 - Capital Access Program

• ACOTE: means the Accreditation Council for Occupational Therapy Education. See South Carolina Code 40-36-20
• Active duty military: means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U. See South Carolina Code 40-45-520
• 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
• 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
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agent Orange: means the herbicide composed primarily of trichlorophenoxyacetic acid (2, 4, 5 T) and dichlorophenoxyacetic acid (2, 4 D) and its contaminant tetrachlorodibenzo-para-dioxin (2, 3, 7, 8 dioxin, TCDD). See South Carolina Code 44-40-20
• Alternative program: means a nondisciplinary monitoring program approved by a licensing board. See South Carolina Code 40-33-1310
• Alternative program: means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board. See South Carolina Code 40-45-520
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• AOTA: means the American Occupational Therapy Association. See South Carolina Code 40-36-20
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: means the South Carolina Board of Occupational Therapy. See South Carolina Code 40-36-20
• Board: means the State Board of Physical Therapy Examiners. See South Carolina Code 40-45-20
• Chemical agent: means dioxin or other toxic substances found in certain defoliants, herbicides, pesticides, and similar chemical substances or causative agents. See South Carolina Code 44-40-20
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the Interstate Commission of Nurse Licensure Compact Administrators. See South Carolina Code 40-33-1310
• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuing competence: means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work. See South Carolina Code 40-45-520
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the South Carolina Agent Orange Advisory Council. See South Carolina Code 44-40-20
• Current significant investigative information: means :
  
  (a) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
  
  (b) investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond. See South Carolina Code 40-33-1310
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Data system: means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action. See South Carolina Code 40-45-520
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Labor, Licensing and Regulation;
  
  (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;
  
  (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;
  
  (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;
  
  (8) "Person" means an individual, partnership, or corporation;
  
  (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
• Devise: To gift property by will.
• Direct supervision: means personal, daily supervision, and specific delineation of tasks and responsibilities by an occupational therapist and includes the responsibility for personally reviewing and interpreting the results of a supervisee on a daily basis. See South Carolina Code 40-36-20
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Donor: The person who makes a gift.
• Encumbered license: means a license that a physical therapy licensing board has limited in any way. See South Carolina Code 40-45-520
• Encumbrance: means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board. See South Carolina Code 40-33-1310
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executive board: means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. See South Carolina Code 40-45-520
• Financial institution: means any banking corporation or trust company, building and loan association, insurance company or related corporation, partnership, foundation, federal or state agency, or other institution engaged primarily in lending or investing funds including, without limitation, the Small Business Administration, an agency of the United States Government. See South Carolina Code 33-37-10
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Home state: means the party state which is the nurse's primary state of residence. See South Carolina Code 40-33-1310
• Home state: means the member state that is the licensee's primary state of residence. See South Carolina Code 40-45-520
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Investigative information: means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation. See South Carolina Code 40-45-520
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• 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.
• Jurisprudence: The study of law and the structure of the legal system.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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
• Licensing board: means a party state's regulatory body responsible for issuing nurse licenses. See South Carolina Code 40-33-1310
• licensing board: means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants. See South Carolina Code 40-45-520
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Member state: means a state that has enacted the compact. See South Carolina Code 40-45-520
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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
• NBCOT: means the National Board for Certification in Occupational Therapy. See South Carolina Code 40-36-20
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• 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
• Occupational therapist: means a person licensed to practice occupational therapy. See South Carolina Code 40-36-20
• Occupational therapy: means the functional evaluation and treatment of individuals whose ability to cope with the tasks of living are threatened or impaired by developmental deficits, the aging process, poverty and cultural differences, physical injury or illness, or psychological or social disability. See South Carolina Code 40-36-20
• Occupational therapy aide: means a person who has received on-the-job training in occupational therapy and is employed in an occupational therapy setting under the direct on-site supervision of a licensed occupational therapist or licensed occupational therapy assistant. See South Carolina Code 40-36-20
• Occupational therapy assistant: means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. See South Carolina Code 40-36-20
• On-site: means the same premises while direct client treatment is being performed. See South Carolina Code 40-36-20
• On-site supervision: means supervision provided by a physical therapist or physical therapist assistant who must be:
  
  (a) continuously on site and present in the department or facility where the supervisee is performing services;
  
  (b) immediately available to assist the supervisee in the services being performed;
  
  (c) maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to the supervisee. See South Carolina Code 40-45-20
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party state: means any state that has adopted this compact. See South Carolina Code 40-33-1310
• Party state: means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege. See South Carolina Code 40-45-520
• Person: means an individual. See South Carolina Code 40-45-20
• Personal property: All property that is not real property.
• Physical therapist: means a person who has met all the conditions of this chapter and is licensed in this State to practice physical therapy. See South Carolina Code 40-45-20
• Physical therapist: means an individual who is licensed by a state to practice physical therapy. See South Carolina Code 40-45-520
• Physical therapist assistant: means a person who is licensed by the board to assist a physical therapist in the practice of physical therapy and whose activities are supervised and directed by a physical therapist whose license is in good standing. See South Carolina Code 40-45-20
• Physical therapist assistant: means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy. 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
• Physical therapy aide: means a nonlicensed person who helps the physical therapist or physical therapist assistant but whose duties do not require an understanding of physical therapy nor formal training in anatomical, biological, or physical sciences. See South Carolina Code 40-45-20
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• practice of physical therapy: means the evaluation and treatment of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction, and pain from injury, disease, and any other bodily or mental condition and includes the administration, interpretation, documentation, and evaluation of physical therapy tests and measurements of bodily functions and structures; the establishment, administration, evaluation, and modification of a physical therapy treatment plan which includes the use of physical, chemical, or mechanical agents, activities, instruction, and devices for prevention and therapeutic purposes; and the provision of consultation and educational and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain. See South Carolina Code 40-45-20
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Program: means the Agent Orange Information and Assistance Program. See South Carolina Code 44-40-20
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remote state: means a party state, other than the home state. See South Carolina Code 40-33-1310
• 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
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Rule: means a regulation, principle, or directive promulgated by the commission that has the force of law. See South Carolina Code 40-45-520
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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: 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
• 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
• Statute: A law passed by a legislature.
• Student: means a person who is enrolled in an educational program approved by ACOTE or other AOTA endorsed accrediting body for occupational therapy. See South Carolina Code 40-36-20
• Subpoena: A command to a witness to appear and give testimony.
• Supervision: means personal and direct involvement of an occupational therapist in a supervisee's professional experience which includes evaluation of the supervisee's performance with respect to each client treated by the supervisee. See South Carolina Code 40-36-20
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Venue: The geographical location in which a case is tried.
• Veteran: means a person who is a resident of this State and who served in the armed forces of the United States of America from the year 1959 through the year 1975. See South Carolina Code 44-40-20