South Carolina Code 40-33-36. Issuance of licenses; temporary or limited licenses
(B) A license must be issued in the person’s legal name as verified by a birth certificate or other legal document acceptable to the board. If a licensee changes her or his name after a license has been issued, notification of the change must be filed with the board within fifteen business days, accompanied by a copy of the legal document that authorizes the change. A licensee’s name may not be changed on a record in the office of the board without written authorization for the change and an adequate identification of the applicant.
Terms Used In South Carolina Code 40-33-36
- 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 - Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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 - 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.
- 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.
(C) A statement verifying current license status may be secured from the board by a licensee who submits adequate identification and a written statement explaining the reason for the request, if the reason is satisfactory to the board.
(D)(1) The board may issue a temporary or limited license to practice nursing, in accordance with this subsection, or as may be provided for in regulation, to an applicant:
(a) for licensure as an advanced practice registered nurse, a registered nurse, or as a licensed practical nurse, if the applicant’s preliminary credentials have been approved and whose fee has been paid;
(b) for licensure by endorsement as an advanced practice registered nurse, a registered nurse, or as a licensed practical nurse, for up to sixty days, unless further authorized by the administrator or designee, pending completion and approval of the application, if the applicant has filed an application, paid the fee, and has produced a valid license to practice in another jurisdiction;
(c) while participating in a refresher course for up to ninety days, unless further authorized by the administrator or designee, when the applicant is seeking reinstatement of a lapsed or an inactive license or licensure by endorsement and must submit evidence of nursing competence before returning to nursing practice; or
(d) for licensure as a graduate nurse to work in South Carolina, provided that:
(i) the graduate nurse must function under the supervision of a currently licensed registered nurse; and
(ii) the board may establish other requirements for the supervision and employment of graduate nurses as necessary.
(2) An applicant who has failed the licensing examination is not eligible for a temporary permit to practice nursing.
(3) The board or department may immediately cancel a temporary permit or license that was issued based upon false, fraudulent, or misleading information provided by an applicant.
(4) In addition to the provisions of items (2) and (3), a graduate nurse’s temporary license shall be immediately revoked if:
(a) the board issues a permanent license to the graduate nurse;
(b) the board denies a permanent license for the graduate nurse;
(c) a complaint is filed against the graduate nurse alleging a violation of Chapter 33 of Title 40 during the graduate nurse’s temporary licensure period;
(d) the graduate nurse has not taken the NCLEX within ninety days of receiving a temporary license, except that the board may extend this time period if circumstances prevent the NCLEX from being offered during the period for which temporary licensure has been granted;
(e) the graduate nurse misrepresents being a registered nurse or a licensed practical nurse; or
(f) the graduate nurse is charged with a felony or misdemeanor, other than a minor traffic violation, while authorized to practice as a graduate nurse. For the purposes of this subitem, a minor traffic violation does not include instances related in any way to driving under the influence of alcohol or other drugs, or instances that result in the revocation or suspension of a graduate nurse’s driver’s license.
(E)(1) For the purposes of this section, a "graduate nurse" means an unlicensed graduate who completes an accredited basic nursing education program, in either registered nursing or practical nursing, within the United States, its territories, or dependencies within one year of seeking licensure.
(2) In order to obtain licensure as a graduate nurse, a candidate must:
(a) file a completed initial application for licensure by examination with the board and pay the associated fee;
(b) have never taken and failed the NCLEX;
(c) have registered to take the NCLEX with the examination administration service;
(d) have no prior felony convictions and have no criminal charges pending; and
(e) comply with § 40-33-32 if the candidate is a foreign-educated graduate.