South Carolina Code 40-67-570. Adverse actions
(1) take adverse action against an audiologist‘s or speech-language pathologist‘s privilege to practice within that member state;
Terms Used In South Carolina Code 40-67-570
- 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
- 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
- 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
- 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.
- Home state: means the member state that is the licensee's primary state of residence. See South Carolina Code 40-67-520
- 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.
- 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
- 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
- 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
- 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
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court, applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located; and
(3) only the home state has the power to take adverse action against an audiologist’s or speech-language pathologist’s license issued by the home state.
(B) For purposes of taking adverse action, the home state must give the same priority and effect to reported conduct received from a member state as it would if the conduct occurred within the home state. In so doing, the home state must apply its own state laws to determine appropriate action.
(C) The home state must complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state also has the authority to take appropriate actions and promptly shall report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.
(D) If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.
(E) The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.
(F) In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(G) If adverse action is taken by the home state against an audiologist’s or speech language pathologist’s license, the audiologist’s or speech-language pathologist’s privilege to practice in all other member states is deactivated until all encumbrances are removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist’s or speech language pathologist’s license must include a statement that the audiologist’s or speech-language pathologist’s privilege to practice is deactivated in all member states during the pendency of the order.
(H) If a member state takes adverse action, it promptly must notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.
(I) Nothing in this compact overrides a member state’s decision that participation in an alternative program may be used in lieu of adverse action.