Island Packet v. Kittrell, 365 S.C. 332, 617 S.E.2d 730 (2005).

            The South Carolina Supreme Court held that the South Carolina Administrative Law Court cannot review interlocutory orders by the Board of Medical Examiners in disciplinary proceedings against a physician. Interlocutory orders are those that are not considered final, thus not immediately appealable. 

            The Board's orders temporarily suspended the physician's license based on findings of alcohol abuse. While the orders suspended the license, they also included language stating that a Board hearing was to be held before the Board's decision would become final. The Supreme Court noted S.C. Code Section 1-23-600(D) and S.C. Code Section 1-23-380 and stated that the Administrative Law Court has authority to review final decisions of the Board.

            Importantly, however, the Supreme Court emphasized that its holding was not a general one: "We refrain from stating a general rule that any interlocutory order by the Board is or is not immediately appealable to the [Administrative Law Court]." The decision of whether an order is final or not should be made on a case-by-case basis.

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