Individuals interested in filing an official complaint may contact the Board office to request a complaint form. Complaints concerning licensed individuals must be submitted in writing on a form approved by the Board. A trained investigator conducts an inquiry into the allegations. Once necessary information has been accumulated, the case will be presented to the Board in a blind brief for approval. The Board does not know the specifics of the case complainant or licensee. Once a complaint has been approved by the Board, a consulting Board member is chosen. This will be a professional member chosen to be a part of the Investigative Review Committee (IRC). The investigator will coordinate with the professional member and provide him/her with any and all information which has developed.
If it is determined there is no violation of the Practice Act, at the direction of the IRC, the investigator will submit the case to the Board and request it be dismissed. If the IRC determines there has been a violation and there are facts to substantiate the misconduct and prosecution, the licensee may: 1) Enter into a Consent Order which is a voluntary agreement between the licensee and the Board for a sanction on the license, and a possible civil penalty; or 2) Deny the allegation and request a full Administrative Hearing. The Board will convene in Columbia and a hearing will take place.
If the Board finds no violation of the Practice Act, the case is dismissed. If the Board determines there has been a violation, the licensee will be sanctioned, which may include a civil penalty. The licensee's appellate route is to a South Carolina Administrative Law Judge, State Circuit and South Carolina Supreme Court.
The five types of sanctions are:
(1) Private Reprimand - Possibly non-public sanction. May include a civil penalty. Least severe sanction.
(2) Public Reprimand - Public sanction may include a civil penalty. Will be published in newsletter, access to media, national database and other states. May be used in civil litigation.
(3) Probation - Public sanction. Probation for whatever time frame which Board determines and whatever stipulations. May include civil penalty. May be used in civil litigation.
(4) Suspension - Public sanction. May include a civil penalty. Licensee would not be able to practice. May have stipulation where licensee would have to prove fitness to re-enter profession. May be used in civil litigation.
(5) Revocation - Public sanction. May include a civil penalty. Not allowed to practice in South Carolina. May be used in civil litigation.
This type of professional investigation, along with direction from a Board member is designed to protect both licensees and the public. The results of this type investigation may be used during civil litigation to disprove or to assist a licensee against false claims.
Please use this link to obtain a copy of a Complaint Form