South Carolina Code 40-45-530. State participation in the compact
(1) participate fully in the commission‘s data system, including using the commission’s unique identifier as defined in rules;
Terms Used In South Carolina Code 40-45-530
- Adverse action: means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both. See South Carolina Code 40-45-520
- Board: means the State Board of Physical Therapy Examiners. See South Carolina Code 40-45-20
- Commission: means the national administrative body whose membership consists of all states that have enacted the compact. See South Carolina Code 40-45-520
- Compact privilege: means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. See South Carolina Code 40-45-520
- Continuing competence: means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work. See South Carolina Code 40-45-520
- Data system: means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action. See South Carolina Code 40-45-520
- Investigative information: means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation. See South Carolina Code 40-45-520
- Licensee: means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant. See South Carolina Code 40-45-520
- Member state: means a state that has enacted the compact. See South Carolina Code 40-45-520
- physical therapy: as used in this chapter , and nothing in this chapter shall be construed to authorize a physical therapist to prescribe medications or order laboratory or other medical tests. See South Carolina Code 40-45-20
- State: means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy. See South Carolina Code 40-45-520
(2) have a mechanism in place for receiving and investigating complaints about licensees;
(3) notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
(4) for initial licensure require the applicant to undergo a state criminal record check, supported by fingerprints, by the State Law Enforcement Division (SLED); and a national criminal record check, supported by fingerprints, by the Federal Bureau of Investigation (FBI). The results of these criminal record checks must be reported to the board for review in accordance with § 40-1-140. The fees for conducting the criminal record checks shall be borne by the applicant. SLED is authorized to store the prints for notification purposes;
(5) comply with the rules of the commission;
(6) utilize a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and
(7) have continuing competence requirements as a condition for license renewal.
(B) Upon adoption of this article, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. § 534 and 42 U.S.C. § 14616.
(C) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
(D) Member states may charge a fee for granting a compact privilege.
(E) A member state cannot participate in issuing compact privileges until such member state has completed the requirements to implement the state criminal record check, supported by fingerprints, by the State Law Enforcement Division (SLED); and a national criminal record check, supported by fingerprints, by the Federal Bureau of Investigation (FBI) and promulgated all regulations necessary to carry out the requirements of the compact, including, but not limited to, establishing fees for granting a compact privilege.