Terms Used In South Carolina Code > Title 40 > Chapter 33 > Article 15 - Nurse Licensure Compact

• Academic medical center: means a research hospital that operates a medical residency program for physicians and conducts research that involves human subjects, and other hospital research programs conducting research as a subrecipient with the academic medical center as the prime awardee. See South Carolina Code 44-53-1810
• 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
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Alternative program: means a nondisciplinary monitoring program approved by a licensing board. See South Carolina Code 40-33-1310
• 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.
• 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.
• 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
• Approved source: means a provider approved by the United States Food and Drug Administration which produces cannabidiol that:
  
  (a) has been manufactured and tested in a facility approved or certified by the United States Food and Drug Administration or similar national regulatory agency in another country which has been approved by the United States Food and Drug Administration; and
  
  (b) has been tested in animals to demonstrate preliminary effectiveness and to ensure that it is safe to administer to humans. See South Carolina Code 44-53-1810
• Arrest: Taking physical custody of a person by lawful authority.
• Authority: means the Lake Paul A. See South Carolina Code 49-33-10
• Authorized delegate: means an individual who is approved as having access to the prescription monitoring program and who is directly supervised by an authorized practitioner or pharmacist. See South Carolina Code 44-53-1630
• Board: means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Safe Drinking Water Act. See South Carolina Code 44-55-20
• Boat: means a vessel. See South Carolina Code 50-21-10
• Cannabidiol: means a finished preparation containing, of its total cannabinoid content, at least 98 percent cannabidiol and not more than 0. See South Carolina Code 44-53-1810
• 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
• Commissioner: means the commissioner of the department or his authorized agent. See South Carolina Code 44-55-20
• Conservation: means , to minimize or prevent depletion or waste of the water resource. See South Carolina Code 49-23-20
• Construction permit: means a permit issued by the department authorizing the construction of a new public water system or the expansion or modification of an existing public water system. See South Carolina Code 44-55-20
• Contamination: means the adulteration or alteration of the quality of the water of a public water system by the addition or deletion of any substance, matter, or constituent except as authorized pursuant to this article. See South Carolina Code 44-55-20
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substances: means those substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, 44-53-250, and 44-53-270. See South Carolina Code 44-53-1630
• 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.
• Cross-connection: means any actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. See South Carolina Code 44-55-20
• 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.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Health and Environmental Control. See South Carolina Code 49-5-30
• Department: means the Department of Natural Resources. See South Carolina Code 49-23-20
• Department: means the South Carolina Department of Natural Resources. See South Carolina Code 49-30-30
• Department: means the Department of Natural Resources. See South Carolina Code 49-33-10
• Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
• Department: means the South Carolina Department of Health and Environmental Control, including personnel authorized and empowered to act on behalf of the department or board. See South Carolina Code 44-55-20
• Dependent: A person dependent for support upon another.
• Diffused surface water: means waters of a casual or vagrant character, lying or running on the surface of the earth but not in definite courses, streams, or waterbodies. See South Carolina Code 49-23-20
• Director: means the Director of the Department of Health and Environmental Control;
  
  (b) "Marijuana" means marijuana, all tetrahydrocannabinols or a chemical derivative of any tetrahydrocannabinol;
  
  (c) "Practitioner" means a physician licensed to practice medicine in this State and licensed to prescribe and administer drugs which are subject to regulation under the provisions of Article 3, Chapter 53 of Title 44 of the 1976 Code. See South Carolina Code 44-53-620
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispenser: means a person who delivers a Schedule II-IV controlled substance to the ultimate user, but does not include:
  
  (a) a licensed hospital pharmacy that distributes controlled substances for the purpose of inpatient hospital care or dispenses prescriptions for controlled substances at the time of discharge from the hospital;
  
  (b) a practitioner or other authorized person who administers these controlled substances; or
  
  (c) a wholesale distributor of a Schedule II-IV controlled substance. See South Carolina Code 44-53-1630
• Donor: The person who makes a gift.
• Drought: means a period of diminished precipitation which results in negative impacts upon the hydrology, agriculture, biota, energy, and economy of the State. See South Carolina Code 49-23-20
• Drought indices: means topical and quantitative indicators of drought including, but not limited to, sustained decline in water levels of natural flowing streams and other natural bodies of water, decline in water tables above and below ground, forest fire indices, sustained decline in potable drinking water supplies, agricultural stress, low soil moisture, and low precipitation. See South Carolina Code 49-23-20
• Drought Response Committee: means the committee created under § 49-23-60 to be convened to address drought related problems and responses. See South Carolina Code 49-23-20
• Drug control: means the Department of Health and Environmental Control, Bureau of Drug Control. See South Carolina Code 44-53-1630
• 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.
• Extreme drought: means that the drought has increased to extreme levels as demonstrated by drought indices. See South Carolina Code 49-23-20
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• FERC licensee: means an entity that possesses a Federal Energy Regulatory Commission's (FERC) license to operate a licensed lake. See South Carolina Code 49-30-30
• 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.
• Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
• Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
• 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}
• Fund: means the Public Waters Nuisance Abatement Fund. See South Carolina Code 49-30-30
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Home state: means the party state which is the nurse's primary state of residence. See South Carolina Code 40-33-1310
• Human consumption: means water used for drinking, bathing, cooking, dish washing, and maintaining oral hygiene or other similar uses. See South Carolina Code 44-55-20
• Incipient drought: means that there is a threat of a drought as demonstrated by drought indices. See South Carolina Code 49-23-20
• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Lake: means Lake Paul A. See South Carolina Code 49-33-10
• 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.
• Licensed lake: means a public water of the State consisting of an impoundment and its associated hydropower facility that is licensed by the Federal Energy Regulatory Commission (FERC). See South Carolina Code 49-30-30
• Licensing board: means a party state's regulatory body responsible for issuing nurse licenses. See South Carolina Code 40-33-1310
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mile: means one nautical mile, being six thousand seventy-six feet. See South Carolina Code 50-5-15
• 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
• Navigation: means the ability of a registered or documented self-propelled watercraft equipped with motor and rudder controls located at a point on the watercraft from which there is forward visibility over at least a one hundred eighty degree range to navigate to a department approved marine pump-out station. See South Carolina Code 49-30-30
• Noncommunity water system: means a public water system which serves at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year and does not meet the definition of a community water system. See South Carolina Code 44-55-20
• 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
• Oath: A promise to tell the truth.
• Operating permit: means a permit issued by the department that outlines the requirements and conditions under which a person must operate a public water system. See South Carolina Code 44-55-20
• 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
• Patient: means the person or animal who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed, or both. See South Carolina Code 44-53-1630
• Person: means all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this State or another state or country. See South Carolina Code 49-23-20
• Person: means an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, political subdivision, government agency, trust, estate, joint structure company, or any other legal entity or its legal representative, agent, or assigns. See South Carolina Code 44-55-20
• Physician: means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. See South Carolina Code 44-53-1810
• Practitioner: means an individual authorized pursuant to state and federal law to prescribe controlled substances. See South Carolina Code 44-53-1630
• privy: as used in this article shall be understood to include any and all buildings which are not connected with a system of sewage or with septic tanks of such construction and maintenance as are approved by the State Department of Health and Environmental Control and which are used for affording privacy in acts of urination or defecation. See South Carolina Code 44-55-210
• 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.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public water system: means :
  
  (a) any publicly or privately owned waterworks system which provides water, whether bottled, piped, or delivered through some other constructed conveyance for human consumption, including the source of supply whether the source of supply is of surface or subsurface origin;
  
  (b) all structures and appurtenances used for the collection, treatment, storage, or distribution of water delivered to point of meter of consumer or owner connection;
  
  (c) any part or portion of the system, including any water treatment facility, which in any way alters the physical, chemical, radiological, or bacteriological characteristics of the water; however, a public water system does not include a water system serving a single private residence or dwelling. See South Carolina Code 44-55-20
• Qualifying patient: means anyone who suffers from Lennox-Gastaut Syndrome, Dravet Syndrome, also known as severe myoclonic epilepsy of infancy, or any other form of refractory epilepsy that is not adequately treated by traditional medical therapies. See South Carolina Code 44-53-1810
• Quorum: The number of legislators that must be present to do business.
• 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
• Removal: means to completely extricate the entire structure from the public waters of this State. See South Carolina Code 49-30-30
• Saltwater gamefish: means a species of saltwater fish designated as a saltwater gamefish in this title. See South Carolina Code 50-5-15
• 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.
• Shoreline: means the line of mean high water along that portion of a land mass which is in direct contact with the waters of the Atlantic Ocean. See South Carolina Code 50-5-15
• 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
• Statute: A law passed by a legislature.
• Structure: means a structure located upon any public waters of this State, whether the structure is floating upon the waters and is made fast by the use of lines, cables, anchors, or pilings, or a combination of these, or is built upon pilings embedded in the beds of the public waters of the State when the structure is being used, has been used, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used primarily as a means of transportation upon these public waters; and is not owned, occupied, or possessed pursuant to a permit issued by the department. See South Carolina Code 49-30-30
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unpermitted structure: means a structure whose owner did not obtain a permit pursuant to this chapter or a structure remaining after the expiration or revocation of its permit. See South Carolina Code 49-30-30
• Venue: The geographical location in which a case is tried.
• Water resources: means water on or beneath the surface of the ground, including natural and artificial water courses, lakes or ponds, and water percolating, standing, or flowing beneath the surface of the ground. See South Carolina Code 49-23-20
• watershed: shall include the entire watershed of all streams, creeks and rivers that have a daily average flow of less than ten million gallons, but for watersheds of streams, creeks or rivers that have a daily average flow of more than ten million gallons, the watershed shall include only such drainage areas as lie within fifteen miles of the waterworks intake. See South Carolina Code 44-55-210
• Well: means a bored, drilled or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension, from which water is extracted or injected. See South Carolina Code 44-55-20
• Well driller: means an individual, corporation, partnership, association, political subdivision, or public agency of this State who is licensed with the South Carolina Department of Labor, Licensing and Regulation for constructing wells and is in immediate supervision of and responsible for the construction, development, drilling, testing, maintenance, repair, or abandonment of any well as defined by this chapter. See South Carolina Code 44-55-20