Terms Used In South Carolina Code > Title 44 > Chapter 66 - Adult Health Care Consent Act

• 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
• 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
• 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 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
• Board: means the South Carolina State Board of Examiners in Speech-Language Pathology and Audiology. See South Carolina Code 40-67-20
• Commission: means the national administrative body whose membership consists of all states that have enacted the compact. See South Carolina Code 40-67-520
• Compact privilege: means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. See South Carolina Code 40-67-520
• 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.
• 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.
• 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
• 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.
• 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 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}
• 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: means an authorization to practice speech-language pathology or audiology issued by the board pursuant to this chapter and includes an authorization to practice as a speech-language pathology intern, an audiology intern, and a speech-language pathology assistant. See South Carolina Code 40-67-20
• Licensee: means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist. See South Carolina Code 40-67-520
• 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.
• 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
• 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
• 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
• 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 is licensed by a state to practice speech-language pathology. See South Carolina Code 40-67-520
• Speech-language pathology: means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules. See South Carolina Code 40-67-520
• State: means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology. See South Carolina Code 40-67-520
• Statute: A law passed by a legislature.
• 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
• 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
• Venue: The geographical location in which a case is tried.