South Carolina Code of Regulations › Chapter 91 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF NURSING › Article 3 - LICENSES; REVOCATION AND SUSPENSION; RENEWAL › Section 91-19 - Procedure for Disciplinary Hearings

Current through Register Vol. 48, No. 6, June 28, 2024
19.a. Responsibilities of the State Board of
			 Nursing for South Carolina. The State Board of Nursing is empowered by Section
			 40-33-10,
			 Code of Laws of South Carolina, 1976, as amended, to make rules and regulations
			 for the practice of nursing in South Carolina. Section
			 40-33-110
			 further empowers the Board to suspend or revoke the license of any advanced
			 practice registered nurse, registered nurse or any licensed practical nurse,
			 qualified under the provisions of Chapter 33, after notice, a hearing and
			 presentation of evidence satisfactory to the Board that the holder of the
			 license has violated one of the provisions of Section
			 40-33-110.
			 Accordingly, the Board has adopted these rules for the conduct of
			 investigations into and hearings concerning allegations of violations of
			 Section
			 40-33-110.
19.b. Regulation Exclusive. All proceedings
			 for the investigation of complaints concerning alleged misconduct and all
			 proceedings for the discipline of nurses licensed to practice in South Carolina
			 shall be brought, conducted and disposed of in accordance with the provisions
			 of Section
			 40-33-10
			 et. seq. and this Regulation.
19.c.
			 Initial Complaint. Any person who has sufficient information that a licensee
			 has committed an offense for which a license may be revoked or may be suspended
			 may file a complaint with the Department of Labor, Licensing and Regulation
			 ("Department"). All allegations of misconduct made by any person against a
			 nurse licensed to practice in South Carolina shall be in writing and shall
			 plainly and substantially set forth the offense charged, including the
			 approximate time and place the offense occurred or was observed and the name or
			 names of witnesses, if any.
19.d.
			 Investigations. Upon the filing of an initial complaint with the Department,
			 the Department shall cause an initial investigation to be made into the charges
			 for the purpose of recommending a course of action to the Board. Upon
			 presentation of the Department's report, the Board shall make the determination
			 as to whether or not to hold a formal hearing.
19.e. Notice and Formal Complaint. If the
			 Board finds that the complaint does not state facts sufficient to charge
			 misconduct or that the complaint is otherwise without merit, the said complaint
			 shall be dismissed and the Department shall so notify the complainant. If the
			 Board determines that the complaint merits a formal hearing, the Department
			 shall forthwith refer the matter to the Office of General Counsel for
			 preparation of a formal complaint pursuant to a complete investigation. The
			 formal complaint shall state the facts in a manner sufficient to notify the
			 accused (respondent) of the charge or charges against him. Following
			 preparation of the formal complaint, the Department shall mail it to the
			 respondent by registered or certified mail or cause it to be personally served
			 upon the respondent. Attached to the complaint shall be a hearing notice, to
			 include date, time, and place of hearing, requiring the respondent within
			 thirty (30) days after the receipt of such complaint to file with the Board his
			 answer to the complaint. The answer shall be signed by the respondent or by his
			 counsel or by both, and may, but need not be verified.
19.f. Hearing by Panel. The hearing shall be
			 conducted by a hearing panel appointed by the Board.
19.g. Rules of Evidence.
1. Irrelevant, immaterial, or unduly
			 repetitious evidence shall be excluded. Evidence shall be accepted in
			 accordance with the rules normally following in civil cases in the Court of
			 Common Pleas. The Board shall give effect to the rules of privilege recognized
			 by law. Objections to evidentiary offers may be made and shall be noted in the
			 record. Subject to these requirements, when a hearing will be expedited and the
			 interests of the parties will not be prejudiced substantially, any part of the
			 evidence may be received in written form;
2. Documentary evidence may be received in
			 the form of copies or excerpts, if the original is not readily available. Upon
			 request, parties shall be given an opportunity to compare the copy with the
			 original;
3. A party may conduct
			 cross-examinations required for a full and true disclosure of the
			 facts;
4. Notice may be taken of
			 judicially cognizable facts. In addition, notice may be taken of generally
			 recognized technical or scientific facts within the Board's specialized
			 knowledge. The Board's experience, technical competence, and specialized
			 knowledge may be utilized in the evaluation of the evidence.