Terms Used In South Carolina Code > Title 40 > Chapter 67 - Speech Pathologists and Audiologists

• 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 40-67-520
• 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 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
• 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.
• Alternative program: means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners. See South Carolina Code 40-67-520
• 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.
• 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
• ASHA: means the American Speech-Language Hearing Association. See South Carolina Code 40-67-20
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Audiologist: means an individual who practices audiology. See South Carolina Code 40-67-20
• 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
• audiology service: means screening, identifying, assessing, diagnosing, habilitating, and rehabilitating individuals with peripheral and central auditory and vestibular disorders; preventing hearing loss; researching normal and disordered auditory and vestibular functions; administering and interpreting behavioral and physiological measures of the peripheral and central auditory and vestibular systems; selecting, fitting, programming, and dispensing all types of amplification and assistive listening devices including hearing aids, and providing training in their use; providing aural habilitation, rehabilitation, and counseling to hearing impaired individuals and their families; designing, implementing, and coordinating industrial and community hearing conservation programs; training and supervising individuals not licensed in accordance with this chapter who perform air conduction threshold testing in the industrial setting; designing and coordinating infant hearing screening and supervising individuals not licensed in accordance with this chapter who perform infant hearing screenings; performing speech or language screening, limited to a pass-fail determination; screening of other skills for the purpose of audiological evaluation; and identifying individuals with other communication disorders. See South Carolina Code 40-67-20
• Board: shall mean the South Carolina Board of Health and Environmental Control. See South Carolina Code 44-69-20
• Board: means the South Carolina State Board of Examiners in Speech-Language Pathology and Audiology. See South Carolina Code 40-67-20
• Branch office: shall mean a location or site from which a home health agency provides services within a portion of the total geographic area served by the parent agency. See South Carolina Code 44-69-20
• 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 national administrative body whose membership consists of all states that have enacted the compact. See South Carolina Code 40-67-520
• Commissions: means the River Basins Advisory Commissions. See South Carolina Code 44-59-10
• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Corporation: means a county business development corporation created under this chapter;
  
  (2) "Financial institution" means any banking corporation or trust company, building and loan association, insurance company or related corporation, partnership, foundation or other institution engaged primarily in lending or investing funds;
  
  (3) "Member" means any financial institution authorized to do business within this State which shall undertake to lend money to a corporation created under this chapter, upon its call, and in accordance with the provisions of this chapter;
  
  (4) "Board of directors" means the board of directors of the corporation created under this chapter; and
  
  (5) "Loan limit" means, for any member, the maximum amount permitted to be outstanding at one time on loans made by such member to the corporation as determined under the provisions of this chapter. See South Carolina Code 33-39-10
• 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, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action. See South Carolina Code 40-67-520
• Decedent: A deceased person.
• Department: shall mean South Carolina Department of Health and Environmental Control. See South Carolina Code 44-69-20
• 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
• Director: means the Director of the Department of Labor, Licensing and Regulation. See South Carolina Code 40-67-20
• 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
• 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 committee: 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 40-67-520
• 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.
• 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.
• Health care: means a procedure to diagnose or treat a human disease, ailment, defect, abnormality, or complaint, whether of physical or mental origin. See South Carolina Code 44-66-20
• Health care professional: means an individual who is licensed, certified, or otherwise authorized by the laws of this State to provide health care to members of the public. See South Carolina Code 44-66-20
• Home health agency: shall mean public, nonprofit, or proprietary organization, whether owned or operated by one or more persons or legal entities, which furnishes or offers to furnish home health services. See South Carolina Code 44-69-20
• Home health services: shall mean those items and services furnished to an individual by a home health agency, or by others under arrangement with the home health agency, on a visiting basis, and except for subsection "e" below, in a place of temporary or permanent residence used as the individual's home as follows:
  
  (a) Part-time or intermittent skilled nursing care as ordered by a physician, an APRN pursuant to § 40-33-34(D)(2)(h), or a PA pursuant to § 40-47-935(B)(8) and as provided by or under the supervision of a registered nurse and at least one other service listed below;
  
  (b) Physical, occupational or speech therapy;
  
  (c) Medical social services, home health aide services and other therapeutic services;
  
  (d) Medical supplies and the use of medical appliances;
  
  (e) Any of the foregoing items and services which are provided on an outpatient basis under arrangements made by the home health agency with a hospital, nursing care facility, or rehabilitation center and the furnishing of which involves the use of equipment of such a nature that the items and services cannot be readily made available to the individual in his home, or which are furnished at such facility while the patient is there to receive such items or service, but not including transportation of the individual in connection with any such items or services. See South Carolina Code 44-69-20
• Home state: means the member state that is the licensee's primary state of residence. See South Carolina Code 40-67-520
• 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}
• Intern: means an individual who has met the requirements for licensure as a speech-language pathology or audiology intern under this chapter and has been issued this license by the board. See South Carolina Code 40-67-20
• 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}
• License: shall mean a license issued by the Department. See South Carolina Code 44-69-20
• 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 has met the requirements for licensure under this chapter and has been issued a license for speech language pathology or audiology or for speech language pathology or audiology intern or 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
• licensing board: means the agency of a state that is responsible for the licensing and regulation of audiologists and/or speech-language pathologists. See South Carolina Code 40-67-520
• 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 40-67-520
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• 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.
• 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.
• Patient: means an individual sixteen years of age or older who presents or is presented to a health care provider for treatment. See South Carolina Code 44-66-20
• Person: includes , but is not limited to, an individual, a state agency, or a representative of a state agency. See South Carolina Code 44-66-20
• Person: means an individual, organization, or corporation, except that only individuals can be licensed under this chapter. See South Carolina Code 40-67-20
• Physician: means an individual who is licensed to practice medicine or osteopathy pursuant to Chapter 47 of Title 40. See South Carolina Code 44-66-20
• Physician: shall mean an individual currently licensed to practice medicine, surgery, or osteopathy in this State. See South Carolina Code 44-69-20
• 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.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• practice of audiology: means the rendering of or the offering to render any audiology service to an individual, group, organization, or the public. See South Carolina Code 40-67-20
• practice of speech-language pathology: means the rendering of or the offering to render any speech-language pathology services to an individual, group, organization, or the public. See South Carolina Code 40-67-20
• Privilege to practice: means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state. See South Carolina Code 40-67-520
• Probate: Proving a will
• 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.
• provider: means a person, health care facility, organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws of this State to administer health care. See South Carolina Code 44-66-20
• Quorum: The number of legislators that must be present to do business.
• Regionally accredited institution: means a school, college, or university which is a candidate for accreditation or is accredited by any accreditation body established to serve six defined geographic areas in the United States. See South Carolina Code 40-67-20
• Registered Nurse: shall mean an individual who is currently licensed as such in this State. See South Carolina Code 44-69-20
• 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 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
• River basins: means that land area designated as the Catawba/Wateree, Yadkin/Pee Dee River Basins by the North Carolina Department of Environmental and Natural Resources and the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-59-10
• Rule: means a regulation, principle, or directive promulgated by the commission that has the force of law. See South Carolina Code 40-67-520
• 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 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 practices speech-language pathology. See South Carolina Code 40-67-20
• 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
• Speech-language pathology assistant: means an individual who provides speech-language pathology services as prescribed, directed, and supervised by a speech-language pathologist licensed under this chapter. See South Carolina Code 40-67-20
• 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subunit: shall mean a semiautonomous organization, which serves patients in a geographic area different from that of the parent agency. See South Carolina Code 44-69-20
• Telehealth: means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention, or consultation. See South Carolina Code 40-67-520
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Treatment: means the broad range of emergency, outpatient, intermediate, and inpatient services and care that may be extended to a patient to diagnose and treat a human disease, ailment, defect, abnormality, or complaint, whether of physical or mental origin. See South Carolina Code 44-66-20
• Unable to consent: means unable to appreciate the nature and implications of the patient's condition and proposed health care, to make a reasoned decision concerning the proposed health care, or to communicate that decision in an unambiguous manner. See South Carolina Code 44-66-20
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Venue: The geographical location in which a case is tried.