Phone: (803) 896-4500 Sheridon Spoon April Koon Alex Imgrund
Advice Counsel to the Board
providing legal advice to all Boards, Commissions
and Panels, as well as their administrative staff.
These attorneys do not provide legal advice to
parties outside LLR.
Phone: (803) 896-4500
Approved by LLR: July 24, 2003
Service Area: Licensure
Subject: Military Deployment
Policy and Procedure for renewal of licensees deployed on active military duty
House Resolution 158 of the United States Congress urges support for the members of the United States military and assistance with their transition into and out of active duty and active service. Accordingly, the South Carolina Department of Labor, Licensing and Regulation (LLR) has adopted the following policy and procedure regarding renewal of licensure for licensees who may be ordered to active military duty. The Department's goal is to avoid imposing the consequences of non-renewal upon the deployed licensee while ensuring that all statutory requirements for the health and safety of the public are reasonably satisfied.
Licensees are encouraged when possible to advise the LLR staff for their licensing board in writing before departing for active military duty. Prior notice will allow staff to accept early renewal appropriately, note the active military duty of the licensee so as to avoid a break in licensure, and avoid the issuance of notices and other orders concerning lapsed licensure status. Without prior notice, staff will be unable to identify which licensees are on active military duty until their return, long after records and documents may have been altered to reflect non-renewal or lapse of license. However, licensees who can appropriately document their period of active military duty may be granted renewal in accordance with this policy and procedure, and their licensing record will be corrected to the extent possible, so as to minimize the effects of their previous non-renewal.
This policy of the South Carolina Department of Labor, Licensing and Regulation cannot affect the activities of other credentialing entities and the Department cannot require them to adjust their records to reflect the retroactive application of this policy.
Prior Notice Received
Notice Received After Lapse
No practice by auxiliaries or companies in absence.
A licensee who has been deployed on active military duty may not act as a supervisor for another person or entity or act as a qualifying party for a company or other entity, if required by law. Another properly licensed person should assume the role of supervisor or qualifying party.
Prior approval of licensing board required before return to practice.
Upon return from active military duty, no licensed professional should reenter practice in South Carolina without first having been administratively reinstated in accordance with this policy and procedure or prior approval of the appropriate licensing board. It is the responsibility of the licensee to notify LLR and to fulfill any continuing education or other applicable requirements as soon as possible, regardless of whether the license in question has lapsed for nonrenewal or has been continued by action of notification of deployment. This is particularly important if the professional has not completed the necessary continuing education, supervised practice, or other applicable requirements to qualify for renewal. Resumption of practice in South Carolina without first being administratively reinstated to practice is prohibited and may result in disciplinary action by the licensing board or commission.
Power of Attorney not acceptable for renewal.
Another person may not use a power of attorney to renew the license of a licensee. State law requires that individuals demonstrate their personal qualifications for the issuance or renewal of a license to engage in a profession or occupation. Therefore, a power of attorney is inappropriate for purposes of renewal.