# S.C. Code Ann. § 40-33-1325: SECTION 40-33-1325. Additional authorities invested in party state licensing boards

> South Carolina · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1325

## Section

- **Citation:** S.C. Code Ann. § 40-33-1325
- **Heading:** SECTION 40-33-1325. Additional authorities invested in party state licensing boards
- **Jurisdiction:** South Carolina
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** SC Code / Title 40 / Chapter 33 / Article 15 / Section 40-33-1325

## Text

(A) In addition to the other powers conferred by state law, a licensing board has the authority to: (1) Take adverse action against a nurse's multistate licensure privilege to practice within that party state, provided: (a) only the home state has the power to take adverse action against a nurse's license issued by the home state; and (b) for purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state, and in so doing, the home state shall apply its own state laws to determine appropriate action. (2) Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state. (3) Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board also has the authority to take appropriate action and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions. (4) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located. (5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks, and use the results in making licensure decisions. (6) If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse. (7) Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action. (B) If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states must be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license must include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order. (C) Nothing in this compact may override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program. Editor's Note 2005 Act No. 87, SECTION 7, provides as follows: "This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006." Effect of Amendment 2017 Act No. 41, SECTION 1, rewrote the section to reflect changes mandated for membership in the Nurse Licensure Compact. Former section was titled Adverse actions affecting license; reporting to coordinated licensure information system.

## Nearby sections

- [S.C. Code Ann. § 40-33-1300 SECTION 40-33-1300. Nurse Licensure Compact enacted.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1300.md)
- [S.C. Code Ann. § 40-33-1305 SECTION 40-33-1305. Findings; purposes.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1305.md)
- [S.C. Code Ann. § 40-33-1310 SECTION 40-33-1310. Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1310.md)
- [S.C. Code Ann. § 40-33-1315 SECTION 40-33-1315. General provisions and jurisdiction.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1315.md)
- [S.C. Code Ann. § 40-33-1320 SECTION 40-33-1320. Applications for licensure in a party state.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1320.md)
- [S.C. Code Ann. § 40-33-1325 SECTION 40-33-1325. Additional authorities invested in party state licensing boards.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1325.md)
- [S.C. Code Ann. § 40-33-1340 SECTION 40-33-1340. Coordinated licensure information system and exchange of information.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1340.md)
- [S.C. Code Ann. § 40-33-1345 SECTION 40-33-1345. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1345.md)
- [S.C. Code Ann. § 40-33-1350 SECTION 40-33-1350. Rulemaking.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1350.md)
- [S.C. Code Ann. § 40-33-1355 SECTION 40-33-1355. Oversight, dispute resolution and enforcement.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1355.md)
- [S.C. Code Ann. § 40-33-1360 SECTION 40-33-1360. Effective date, withdrawal and amendment.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1360.md)
- [S.C. Code Ann. § 40-33-1365 SECTION 40-33-1365. Construction and severability.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1365.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SC_T40_C33_A15_S40-33-1325. Check the current official text before relying on it. Not legal advice.
