SC Nursing Board Abuses Power & Authority

Published

The nursing board of South Carolina Department of Labor, Licensing, and Regulations (SC LLR) is drunk with power, there is no oversight of the boards actions. SC LLR has been violating state laws, court orders, the U.S. Constitution, the SC Constitution, State and federal laws since at least 1999. They have engaged in abuse of process, abuse of authority, abuse of power, refusing to follow due process all in an effort to wield their tarnished sword of authority.

In a Court order of 1999, Girgis vs SC LLR (http://www.scalc.net/_old/ij/990223_1.htm) they simply refused to follow the court's order to reinstate Dr. Girgis' medical license immediately without any restrictions or conditions... stating, words to the effect, we are not subject to the jurisdiction of the courts. Subsequently, an contempt of court was issued fining all of the boards members $500.00 per day until the good doctors license was reinstated. Did this stop their unlawful activity? No! SC LLR and the state nursing board continues to engage in unlawful activity which violates the states laws, U.S Constitution, the SC state Constitution.

In the latest incident brought to my attention the investigators or SC LLR appeared, unannounced, at a nurses apartment, virtually kicking the door down to deliver a license suspension. Their actions and behavior remind me of the Nazi Gestapo.The victim had no previous knowledge of the action that was brewing at the nursing board. She was not sent, as required by law, any initial complaint of any allegations, was never afforded a hearing and upon asking "what this is about" was told by the investigator who appeared at the door "I'm not going to tell you!" In addition he stated, "You will never know who filed the complaint"

Here a just a few of the laws violated in this incident:

Violated S.C.Code of Laws 1-23-370©

Nurse Practice Act:

SECTION 40-33-5.

SECTION 40-33-1330. Actions by licensing board against licensee.

SECTION 40-33-110. Grounds for discipline of licensees.

Section 40-33-930. 91-19. Procedure for Disciplinary Hearings.

SECTION 40-33-116. Mental or physical examinations; consent to submit; review hearing; admissibility of medical records.

40-33-935, Code of Laws of South Carolina

SC LLR obviously needs oversight, they can not function lawfully without strict oversight. SC LLR and all of the boards that belong to this agency need a serious and thorough investigation into all of their unlawful activities, all of the members of the nursing board need to be sanctioned and held accountable for their actions, and perhaps dismissed from their offices. Other states nursing boards may need to have strict oversight as well.

Laws need to be changed in order to prevent future reckless and malicious actions. Strict guidelines need to be imposed and every proposed action needs to be carefully reviewed prior to them charging off to ruin peoples lives and livelihood.

In order to initiate these necessary changes all of the nurses in South Carolina and every state need to unite and call for strict state and federal laws and regulations before they too fall victim to this sort of malicious behavior.

In the words of Pastor Martin Niemöller:

First they came for the communists, and I did not speak out--because I was not a communist;

Then they came for the trade unionists, and I did not speak out--because I was not a trade unionist;

Then they came for the Jews, and I did not speak out--because I was not a Jew;

Then they came for the Nurses and Doctors, and I did not speak out--because I was not a Nurse or Doctor; (line added)

Then they came for me--and there was no one left to speak out for me.

So if you have been a victim of malicious activity by a nursing board or medical board by any state let me hear from you. Speak out and help us affect change!

This first step in affecting any change is to make these malicious unlawful activities public. The public needs to know what nurses and doctors are up against any why this is one reason for the shortage of nurses and doctors in the U.S. Simply stated, nurses are also burnt out from being falsely accused, persecuted and unjustly prosecuted.

If you have been a victim of SC LLR's abuse please write to your local representative and let him know, this behavior needs to be changed! Heck , even write to your US Senators and Representatives and ask them for federal legislation to alleviate this behavior. The fact that there is a group of compact states should place this under federal regulation. I know we say that the Federal government is too big, but obviously, the local state agency can not handle the power and authority given to them. There definitely needs to be a watch dog of this agency!

I have been to the SC LLR office and was treated very disrespectfully. I am not at all surprised as they are an extremely unprofessional group of people who are on a power trip.

do you have a link for this?

i am incredulous this is allowed to happen.

they are supposed to follow the administrative laws of their state.

anyways, would love to see your source.:)

time for the ana to get involved?

leslie

do you have a link for this?

i am incredulous this is allowed to happen.

they are supposed to follow the administrative laws of their state.

anyways, would love to see your source.:)

time for the ana to get involved?

leslie

unfortunately the source to this is of personal experience, however, the link to the good doctors dilemma is girgis vs sc llr (http://www.scalc.net/_old/ij/990223_1.htm). sc llr has managed to hide their behavior from public view and court rulings against them. by removing ones ability to earn a livelihood, they further squash any recourse one may have, because they are broke and as you know, without a nursing license can not work anywhere in the country.

then they want you to sign away your citizenship and constitutional rights with these two paragraphs in a paper you have to sign in order for you to get your license back:

"i agree to refrain from instituting legal action of any kind or making any claim against the south carolina department of labor, licensing and regulations or its professionals and their officers, members, representatives, and employees, for slander, libel, defamation of character, malicious prosecution, abuse of process, infliction of emotional distress, harassment, invasion of privacy, false imprisonment, or for any other reason arising out of communications, activities, or conduct relating to or concerning in any way this agreement or its provisions or the enforcement thereof. "

"i agree to waive any claim of confidentiality afforded by any local, state, or federal case, statutory, or common law to the extent necessary to carry out this agreement or to protect the public health, safety, or welfare. by executing this agreement, i specifically consent to the release of any and all records, reports, or other information concerning myself by any and all persons or entities involved, notwithstanding any privilege provided by federal or state law"

i haven't thought of the ana? great idea! thanks! i'll give it a whirl

OMG!!!! How do they get away with that kind of behavior!!!!! I thought we fought wars over this sort of tyranny? I'll be sure to AVOID South Carolina when I finish nursing school!!! It's no wonder there is a nursing shortage.:no:

Specializes in LTC Family Practice.

I'm having big problems with the GA LPN BON and I tried to send you a PM but the text is too long.

Specializes in ICU, telemetry, LTAC.

The place to appeal this is twofold: The governor's office and the media. If enough people get excited about it, the governor can fire the actual board and replace it with different people. Sometimes that works.

The place to appeal this is twofold: The governor's office and the media. If enough people get excited about it, the governor can fire the actual board and replace it with different people. Sometimes that works.

i agree, about going to the gov and/or atty gen'l's office.

and yes...the media.

just make sure that whatever you say is fact, and not hearsay.

i would really love to follow these folks, as i'm just blown away that they've gotten away with this.

leslie

Specializes in mostly in the basement.

I added onto a CA Board Thread recently about some of the ALARMING new procedures being put into place there that grant the BRN incredibly intrusive powers over personal and employment info(including workplace disciplinary issues/resignations) and the open purview and access of RN health history and medical records among other changes----no one seemed too terribly concerned.

And that's just for starters...

The punitive nature of many of these new rules are not solely directed at those who commit any 'big' infractions, either. Many of them will now be 'agreed to' simply by maintaining a nursing license----much as the stipulations included in the OPs SC letter.

This isn't personal for me--my record is/always has been clean---so if you believe this stuff won't eventually affect you...:eek:

What dog does the OP have in this fight, I wonder?? There is often more to these stories than we are initially told.

This would be a good topic for the local chapters of The American Association of Nurse Attorneys to address at chapter meetings.

Specializes in mostly in the basement.
What dog does the OP have in this fight, I wonder?? There is often more to these stories than we are initially told.

I agree.

The danger, though, would be in making any assumption that the ever more intrusive(and costly$$$) measures being put into place---in CA at least----are somehow only going to be applicable to 'those' nurses....wink-wink....whoever they are...

(not saying you, Elkhart, are making that assumption)

The trend is a little unsettling but to each their own. Forewarned is forearmed and all that.

The info is out there to research----ignorance of process is certainly @ your own peril

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