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 the Board: August 3-6, 2003 Board meeting
Service Area: Licensure, Respiratory Care Practitioners
Subject:Civil penalties for providing incomplete or false statements or documents regarding licensure
Licensure applications are reviewed and audited for compliance with the mandatory provisions of Sections 40-1-30, 40-1-70(3) and (5), 40-47-600, 40-47-640(A), and Regulation 81-202 of the 1976 Code of Laws of South Carolina, as amended. Disciplinary action may be taken against applicants found to have provided incomplete or false statements or documents during application for initial licensure or license renewal. Sections 40-1-110(a) and (d). By Consent Order, the applicant may accept sanctions as established by the Board. Sections 40-1-50(F) and 1-23-320(f).
1. Upon discovery of alleged incomplete or false statements or documents, the staff makes appropriate inquiry concerning the statement or document to ascertain whether an incomplete or false submission has occurred.
2. Staff reviews this information with the Board Administrator and Program Manager to consider the seriousness of the incomplete or false submission and whether it is material to the application for or continued licensure.
3. If the incomplete or false submission is considered material to the application for or continued licensure, the matter is referred to the Compliance Section for appropriate action.
4. The following penalties are the minimum amounts staff may accept in negotiating Consent Orders. Required personal appearances before the Committee may not be waived except in unusual circumstances upon recommendation of the Program Manager and with approval of the Committee Chairman, or designee, in order to avoid inappropriate hardship or manifest injustice.
PROVIDING INCOMPLETE OR FALSE STATEMENTS OR DOCUMENTS
I. First Offense
A. Public Reprimand
B. Licensee must fulfill any deficiency in continuing education hours not more than 30 days from the date of the Consent Order
C. Civil Penalty $50 per continuing education unit/$300 maximum
II. Second or Greater Offense
Personal appearance before the Committee is required