Sanctioning Unlicensed Practice in the Licensing Process
POLICY STATEMENT: All licensure applications are reviewed for compliance with the mandatory licensure provisions as found in the Practice Act. Applicants for initial licensure and renewals found to have practiced without a current South Carolina license are subject to disciplinary action. By consent agreement, the applicant may accept sanctions as established by the Board.
PROCEDURE: The Board Administrator, or designee, is authorized to:
- Review applications for licensure to clarify questions regarding unlicensed practice and may question the applicant/employer, orally or in writing to determine if there has been unlicensed practice.
- If no unlicensed practice, approve the application authorizing a license to be issued.
- If unlicensed practice is documented, negotiate a consent agreement for sanctions according to the following guidelines established by the Board. All applications and required fees must be completed in addition to any sanctions accepted under consent agreement. Negotiated sanctions will be reported to the appropriate agencies, as required by law or Board policy.
PENALTIES:
I. Unlicensed Practice - Applicants for Licensure
| A. | First Offense | ||
| 1. Public Reprimand | |||
| 2. Civil Penalty | |||
| a. 1 to 30 calendar days | $100.00 | ||
| b. Up to 60 calendar days | $200.00 | ||
| c. Up to 120 calendar days | $400.00 | ||
| d. Up to one year | $800.00 | ||
| e. More than one year Board review (personal appearance may be required) | |||
| 3. Assessment of investigative costs if substantial, in Administrator's discretion | |||
| B. | Subsequent Offenses: | ||
| 1. Appearance required pursuant to the disciplinary procedures of the Board. |
| A. | First Offense - 1 to 30 calendar days |
| 1. Payment of renewal fee with a renewal form and submit continuing education (CE) hours | |
| 2. Payment of late fee - $50.00 | |
| 3. Assessment of investigative costs if substantial, in Administrator's discretion | |
| B. | First Offense - 31 to 90 calendar days |
| 1. Public Reprimand * | |
| 2. Payment of renewal fee with a renewal form and submit continuing education (CE) hours | |
| 3. Payment of late fee - $50.00 | |
| 4. Assessment of investigative costs if substantial, in Administrator's discretion | |
| 5. * At the end of 12 months from the effective date of the Public Reprimand, the license may petition for expungement of the Board's action pursuant to the SC Code of Laws 40-1-120 (E). | |
| C. | First Offense - 91 to 180 calendar days |
| 1. Public Reprimand [NOTE: Not eligible for expungement pursuant to SC Code of Laws 40-1-120 (E)] | |
| 2. Payment of renewal fee with a renewal form and submit continuing education (CE) hours | |
| 3. Payment of reinstatement fee - $300.00 | |
| 4. Civil Penalty - $250.00 | |
| 5. Assessment of investigative costs is substantial, in Administrator's discretion | |
| D. | First Offense - More than 180 calendar days |
| Application may be presented to the Board for resolution (personal appearance required). | |
| E. | Subsequent Offenses: |
| Personal appearance is required pursuant to the disciplinary procedures of the Board. |