Terms Used In South Carolina Code > Title 40 > Chapter 47 > Article 7 - South Carolina Physician Assistants Practice Act

• abandoned: means any watercraft that has been moored, stranded, wrecked, sinking, or sunk, and has been left unattended for longer than forty-five days. See South Carolina Code 50-21-10
• Administrative expenses: means operating expenses, excluding amounts set aside for prizes, regardless of whether the prizes are claimed, and excluding amounts held as a fidelity fund pursuant to § 59-150-170. See South Carolina Code 59-150-20
• Adverse effect: means an effect on a historic property, including alteration, destruction, or demolition, that diminishes the property's historic integrity. See South Carolina Code 60-12-10
• 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.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means the state agency, department, foundation, or institution that is responsible for or has jurisdiction over the project or that has ownership or jurisdiction over the historic property. See South Carolina Code 60-12-10
• alternate supervising physician: means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who accepts the responsibility to supervise a PA's activities in the absence of the supervising physician and this physician is approved by the physician supervisor in writing in the scope of practice guidelines. See South Carolina Code 40-47-910
• 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 written scope of practice guidelines: means specific statements developed by a physician or the medical staff and a physician assistant that establish physician delegation for medical aspects of care, including the prescription of medications. See South Carolina Code 40-47-20
• 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.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Bequest: Property gifted by will.
• Board: means the Board of Commissioners of the South Carolina Lottery Commission. See South Carolina Code 59-150-20
• Board: means the State Board of Education. See South Carolina Code 59-155-120
• Board: means the Board of Medical Examiners of South Carolina. See South Carolina Code 40-47-910
• Boat: means a vessel. See South Carolina Code 50-21-10
• Boat livery: means a business that holds watercraft for rent, lease, or charter. See South Carolina Code 50-21-10
• Building: means a construction that was created to shelter any form of human activity, including a house, barn, church, or hotel. See South Carolina Code 60-12-10
• Business days: means every day except Saturdays, Sundays, and legal holidays. See South Carolina Code 40-47-20
• Certificate of number: means the registration. See South Carolina Code 50-21-10
• Certificate of origin: means a document establishing the initial chain of ownership, such as manufacturer's certificate of origin or statement of origin, importer's certificate of origin, or builder's certification. See South Carolina Code 50-21-10
• Certification: means approval by an established body, other than the board, but recognized by the board, that recognizes the unique, minimal requirements of specialized areas of practice. See South Carolina Code 40-47-20
• Chambers: A judge's office.
• 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 South Carolina Lottery Commission. See South Carolina Code 59-150-20
• Committee: means the Physician Assistant Committee as established by this article as an advisory committee responsible to the board. See South Carolina Code 40-47-910
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Contract: A legal written agreement that becomes binding when signed.
• convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• 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.
• Defense attorney: Represent defendants in criminal matters.
• Demonstration numbers: means a temporary certificate of number issued to permitted marine dealers or manufacturers for the purpose of demonstrating watercraft held for sale, or used on watercraft which are being repaired or tested or used by an established customer whose boat is being repaired. See South Carolina Code 50-21-10
• Department: means the State Department of Education. See South Carolina Code 59-155-120
• Department: means the Department of Archives and History. See South Carolina Code 60-12-10
• 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
• Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Disciplinary action: means a final decision and sanction imposed at the conclusion of a disciplinary proceeding. See South Carolina Code 40-47-20
• Discipline-specific literacy: means the ability to read, write, listen, and speak across various disciplines and content areas including, but not limited to, English/language arts, science, mathematics, social studies, physical education, health, the arts, and career and technology education. See South Carolina Code 59-155-120
• Donor: The person who makes a gift.
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Entity: means a sole proprietorship, partnership, limited liability partnership, limited liability corporation, association, joint venture, cooperative, company, corporation, or other public or private legal entity authorized by law. See South Carolina Code 40-47-20
• 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 director: means the Executive Director of the South Carolina Lottery Commission or his designee. See South Carolina Code 59-150-20
• Fiduciary: A trustee, executor, or administrator.
• Final decision: means an order of the board that concludes a license application proceeding or formal disciplinary proceeding. See South Carolina Code 40-47-20
• 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
• 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}
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• 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.
• Historic properties: means those buildings, sites, objects, structures, and districts that are listed in the National Register of Historic Places. See South Carolina Code 60-12-10
• Hull identification number: means the letter and number combination required by the United States Coast Guard or its successor agency on all watercraft manufactured after November 1, 1972. See South Carolina Code 50-21-10
• Incompetence: means the failure of a licensee to demonstrate and apply the knowledge, skill, and care that is ordinarily possessed and exercised by other practitioners of the same licensure status and required by the generally accepted standards of the profession. See South Carolina Code 40-47-20
• 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.
• 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.
• License: means a current document authorizing a person to practice. See South Carolina Code 40-47-20
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited license: means a current time-limited and practice-limited document that authorizes practice at the level for which one is seeking licensure. See South Carolina Code 40-47-20
• Lottery retailer: means a person who sells lottery game tickets or shares on behalf of the South Carolina Lottery Commission pursuant to a contract. See South Carolina Code 59-150-20
• Lottery vendor: means a person who provides or proposes to provide goods or services to the South Carolina Lottery Commission pursuant to a procurement contract, but does not include an employee of the commission, a lottery retailer, or a state agency or instrumentality of the State. See South Carolina Code 59-150-20
• Marina: means a facility which provides mooring or dry storage for watercraft. See South Carolina Code 50-21-10
• Marine dealer: means a business that engages in buying or selling, exchanging, brokering, manufacturing, or servicing watercraft or outboard motors for watercraft. See South Carolina Code 50-21-10
• members: means a Commissioner or Commissioners of the Board of the South Carolina Lottery Commission. See South Carolina Code 59-150-20
• Minimize: means to lessen the adverse effect of a project on a historic property. See South Carolina Code 60-12-10
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• NCCPA: means the National Commission on Certification of Physician Assistants, Inc. See South Carolina Code 40-47-910
• Net proceeds: means all revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery games, less operating expenses and prizes. See South Carolina Code 59-150-20
• 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.
• Oath: A promise to tell the truth.
• Object: means a construction that is primarily artistic in nature or is relatively small in scale compared to a building or structure. See South Carolina Code 60-12-10
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operate: means to navigate, steer, drive, or be in control. See South Carolina Code 50-21-10
• Operating expenses: means all costs of doing business including, but not limited to, prizes, commissions, and other compensation paid to a lottery retailer, advertising and marketing costs, rental fees, personnel costs, capital costs, depreciation of property and equipment, funds for compulsive gambling education and treatment, amounts held in or paid from a fidelity fund pursuant to § 59-150-170, and other operating costs. See South Carolina Code 59-150-20
• Operator: means the person who operates or has charge or command of the navigation or use of a vessel or watercraft. See South Carolina Code 50-21-10
• Outboard motor: means a combustion engine or electric propulsion system, which is used to propel a watercraft and which is detachable from the watercraft as a unit. See South Carolina Code 50-21-10
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
• 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.
• Person: includes an individual, a trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group. See South Carolina Code 61-2-100
• Person: means an individual, corporation, partnership, unincorporated association, or other legal entity. See South Carolina Code 59-150-20
• Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
• Person: means a natural person, male or female. See South Carolina Code 40-47-20
• Personal property: All property that is not real property.
• Personal watercraft: means a vessel, usually less than sixteen feet in length, that uses an inboard motor powering a water jet pump as its primary source of propulsion and that is intended to be operated by a person sitting, standing, or kneeling on the vessel, rather than within the confines of the hull. See South Carolina Code 50-21-10
• Physician: means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. See South Carolina Code 40-47-20
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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 Medicine: means :
  
  (a) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this State;
  
  (b) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;
  
  (c) offering or undertaking to prevent or to diagnose, correct or treat in any manner, or by any means, methods, or devices, disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of a person, including the management of pregnancy and parturition;
  
  (d) offering or undertaking to perform any surgical operation upon a person;
  
  (e) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the State as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent;
  
  (f) rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient is the practice of medicine subject to all of the powers provided to the Board of Medical Examiners, except as provided in § 38-59-25;
  
  (g) using the designation Doctor, Doctor of Medicine, Doctor of Osteopathic Medicine, Physician, Surgeon, Physician and Surgeon, Dr. See South Carolina Code 40-47-20
• Prize: means an award, gift, or anything of value regardless of whether there are conditions or restrictions attached to its receipt. See South Carolina Code 59-150-20
• 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.
• Proceeds: means all lottery revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery or received by the commission. See South Carolina Code 59-150-20
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Qualified preservation professionals: means staff with training, experience, and expertise in managing historic properties. See South Carolina Code 60-12-10
• Quorum: The number of legislators that must be present to do business.
• Reactivation: means the restoration to active status of an authorization from inactive status. See South Carolina Code 40-47-20
• Readiness assessment: means assessments used to analyze students' literacy, mathematical, physical, social, and emotional-behavioral competencies in prekindergarten or kindergarten. See South Carolina Code 59-155-120
• Reading interventions: means individual or group assistance in the classroom and supplemental support based on curricular and instructional decisions made by classroom teachers who have proven effectiveness in teaching reading and an add-on literacy endorsement or reading/literacy coaches who meet the minimum qualifications established in guidelines published by the Department of Education. See South Carolina Code 59-155-120
• Reading portfolio: means an organized collection of evidence and assessments documenting that the student has demonstrated mastery of the state standards in reading equal to at least a level above the lowest achievement level on the state reading assessment. See South Carolina Code 59-155-120
• Reading proficiency: means the ability of students to meet state reading standards in kindergarten through grade twelve, demonstrated by readiness, formative, or summative assessments. See South Carolina Code 59-155-120
• Reading proficiency skills: means the ability to understand how written language works at the word, sentence, paragraph, and text level and mastery of the skills, strategies, and oral and written language needed to comprehend grade-level texts. See South Carolina Code 59-155-120
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Respondent: means a person charged with responding in a disciplinary or other administrative action. See South Carolina Code 40-47-20
• Revocation: means the permanent cancellation or withdrawal of an authorization issued by the board. See South Carolina Code 40-47-20
• Serial number: means the identifying manufacturer's number affixed to a watercraft before November 2, 1972, and to outboard motors before, on, and after that date. See South Carolina Code 50-21-10
• Share: means an intangible interest in a lottery ticket, by way of assignment, contractual participation, or other claim or right. See South Carolina Code 59-150-20
• Site: means a location of a significant event or a prehistoric or historic occupation or activity, including cemeteries, prehistoric village sites, and battlefields. See South Carolina Code 60-12-10
• Specialty propcraft: means a vessel that is similar in appearance and operation to a personal watercraft but is powered by an outboard or propeller-driven motor. See South Carolina Code 50-21-10
• State Board of Review: means the existing advisory group that reviews nominations to the National Register of Historic Places and which includes professionals representing the fields of archaeology, architecture, architectural history, and history. See South Carolina Code 60-12-10
• State Properties Committee: means a committee of the State Board of Review, which will include at least three members with at least one member representing the fields of architecture, architectural history, archaeology, or related fields as appropriate. See South Carolina Code 60-12-10
• Statute: A law passed by a legislature.
• Structure: means those functional constructions made usually for purposes other than creating shelter, including firetowers, canals, bridges, palisade fortifications, and prehistoric mounds. See South Carolina Code 60-12-10
• Subpoena: A command to a witness to appear and give testimony.
• Summer reading camp: means an educational program offered in the summer by each local school district or consortia of school districts for students who are unable to comprehend grade-level texts and who qualify for mandatory retention. See South Carolina Code 59-155-120
• Summons: Another word for subpoena used by the criminal justice system.
• Supervising: means overseeing the activities of, and accepting responsibility for, the medical services rendered by a PA as part of a physician-led team in a manner approved by the board. See South Carolina Code 40-47-910
• supervising physician: means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who is approved to serve as a supervising physician. See South Carolina Code 40-47-910
• Supervision: means the process of critically observing, directing, and evaluating another person's performance, unless otherwise provided by law. See South Carolina Code 40-47-20
• Suspension: means the temporary withdrawal of authorization to practice for either a definite or indefinite period of time ordered by the board. See South Carolina Code 40-47-20
• Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
• Telemedicine: means the practice of medicine using electronic communications, information technology, or other means between a licensee in one location and a patient in another location with or without an intervening practitioner. See South Carolina Code 40-47-20
• Temporary certificate of number: is a temporary registration assigned to a vessel to allow operation for a limited purpose. See South Carolina Code 50-21-10
• Tender: means a small watercraft attendant to a larger vessel that meets United States Coast Guard requirements and is used solely for ferrying supplies or passengers and crew between its parent vessel and shore. See South Carolina Code 50-21-10
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-grade reading proficiency: means the ability to read grade-level texts by the end of a student's third grade year as demonstrated by the results of state-approved assessments administered to third grade students, or through other assessments as noted in this chapter and adopted by the board. See South Carolina Code 59-155-120
• Ticket: means tangible evidence issued by the South Carolina Lottery Commission to provide participation in a lottery game. See South Carolina Code 59-150-20
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
• Vessel: means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water. See South Carolina Code 50-21-10
• Wake surf: means to operate a vessel that is ballasted in the stern so as to create a wake that is, or is intended to be, surfed by another person. See South Carolina Code 50-21-10
• Water device: means a motorboat, boat, personal watercraft or vessel, water skis, an aquaplane, surfboard, or other similar device. See South Carolina Code 50-21-10
• Watercraft: means anything used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or anything that does not meet construction or operational requirements of the state or federal government for watercraft. See South Carolina Code 50-21-10
• Writing proficiency skills: means the ability to communicate information, analysis, and persuasive points of view effectively in writing. See South Carolina Code 59-155-120