Misconduct, as defined in the regulations, which constitutes grounds for a revocation, suspension, or other restriction of a license or a limitation on or other discipline of a licensee, is a satisfactory showing to the board of any of the following:

1. (a) That the licensee has committed or been convicted of a felony. In the absence of a conviction, the board may receive evidence to reach an independent conclusion as to the commission of the felony, but the determination may be used only in making the administrative decision regarding the proposed discipline.
2. (b) That the licensee has violated a federal, state, or local alcohol or drug law. A conviction is not needed to prove misconduct under this paragraph.
3. (c) That the licensee is engaging in the practice of nursing when judgment or physical ability is impaired by alcohol, drugs, or controlled substances and has declined or been unsuccessful in accomplishing rehabilitation.
4. (d) That the licensee has participated knowingly in the fraudulent procurement of a license for himself or another person, or has allowed another person to use his license.
5. (e) That the licensee wilfully or repeatedly has followed a course of conduct which, by reasonable professional or ethical standards, renders him incompetent to assume, perform, or be entrusted with the duties, responsibilities, or trusts which normally devolve upon a licensed practical nurse or a registered nurse.
6. (f) That the licensee has had his license to practice nursing in another state suspended or revoked or other disciplinary action has been taken against him by another state. In those situations, the action by another state creates a rebuttable presumption that a South Carolina nursing license may be acted upon similarly. The finding may be based solely upon the record in the other state, and there is no requirement for a de novo hearing on the facts established in that proceeding. Other evidence is admissible to support or rebut the above presumption.
7. (g) That the licensee has violated a section of this chapter or a regulation or order of the board.
8. (h) Additionally, a nurse who is under investigation for any of the above items of misconduct or incapacity may voluntarily surrender his license to the board. The voluntary surrender invalidates the license at the time of its relinquishment and no person whose license is voluntarily surrendered may practice nursing or represent himself to be a registered nurse or licensed practical nurse until the board takes action. A person practicing as a registered nurse or licensed practical nurse during the period of voluntary license surrender is considered an illegal practitioner and is subject to the penalties provided by this chapter. The surrender of a license may not be considered as an admission of guilt by a panel, court, or other entity in revoking the license of a registered nurse or licensed practical nurse. The surrender is with the understanding that it does not preclude the board from imposing conditions on the acceptance of the proffered surrender, which the licensee must meet before the return of his license, nor does it preclude the board from taking disciplinary action under this section.