Bill 193

                    Current Status

Bill Number:               193
Ratification Number:       133
Act Number                 89
Introducing Body:          Senate
Subject:                   State Board of Nursing

(A89, R133, S193)

AN ACT TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF NURSING; TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO CHANGE THE METHOD OF APPOINTMENT OF ITS MEMBERS AND THEIR QUALIFICATIONS; TO ESTABLISH THE TERMS OF THE MEMBERS; TO PROVIDE FOR THE NOMINATION OF QUALIFIED INDIVIDUALS TO THE GOVERNOR FOR HIS CONSIDERATION; TO PROVIDE FOR THE FILLING OF VACANCIES; TO PROVIDE FOR REMOVAL OF MEMBERS; TO PROVIDE THAT THE PRESENT MEMBERS OF THE BOARD SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AS PROVIDED IN THIS ACT; TO AMEND SECTION 40-33-410, RELATING TO THE APPOINTMENT OF CONSULTANT PHYSICIANS FOR THE STATE BOARD OF NURSING, SO AS TO PROVIDE THAT THE PRESIDENT OF THE BOARD OR HIS DESIGNEE SHALL SERVE AS AN ADVISORY NONVOTING MEMBER OF THE STATE BOARD OF MEDICAL EXAMINERS; TO REQUIRE A REPORT RELATING TO CONTINUING COMPETENCY; AND TO REPEAL SECTION 40-33-220 RELATING TO THE APPOINTMENT OF MEMBERS OF THE STATE BOARD OF NURSING AND THE FILLING OF VACANCIES.

Be it enacted by the General Assembly of the State of South Carolina:

State Board of Nursing reauthorized

SECTION 1. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the State Board of Nursing is reauthorized for six years as provided in such section.

Board of nursing created, composition

SECTION 2. Section 40-33-210 of the 1976 Code is amended to read:

"Section 40-33-210. There is created the State Board of Nursing to be composed of seven members, one of whom shall be a lay member from the State at large four of whom shall be registered nurses and two of whom shall be licensed practical nurses representing two regions of the State as provided in this section. Region I shall include Congressional Districts 1, 2 and 3 and Region II shall include Congressional Districts 4, 5 and 6. In each of these regions there shall be two registered nurses and one licensed practical nurse. Representation within the region shall rotate as follows: In Region I the licensed practical nurse representation shall rotate from District l through 3 in successive terms. Two registered nurse appointees shall represent the remaining two districts in Region I. In Region II the licensed practical nurse representative shall rotate from District 4 through 6 in successive terms. Two registered nurse appointees shall represent the remaining two districts in Region II.

Board members shall have the following qualifications: the Registered Nurses and Licensed Practical Nurses shall be currently licensed in South Carolina, shall be currently employed, shall have had at least three years of practice in their respective profession immediately preceding their appointment, and shall reside in the district they represent. Lay members shall not be licensed or employed as a health care provider but shall represent the public at large as a consumer of nurse services.

No member shall serve as an officer of a professional health related state association. The terms of the members shall be for six years and until successors are appointed and qualify. No member will be allowed successive terms. All members of the Board shall be appointed by the Governor.

Any individual, group or association may nominate qualified individuals to the Governor for his consideration. The Board shall publish widely in the State and appropriate districts notice of all pending vacancies to the Board. Vacancies shall be filled for any unexpired portion of a term by appointment of the Governor.

The Governor may remove any member of the Board who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional or dishonorable. No member shall be removed without first giving him an opportunity to refute the charges filed against him. He shall be given a copy of the charges at the time they are filed."

Members State Board of Nursing to continue to serve, terms

SECTION 3. The present members of the State Board of Nursing (board) shall continue to serve until expiration of their terms and until successors are appointed as provided in Section 40-33-210 of the 1976 Code. The present Board shall plan and implement the change in the composition of the Board in as practical a manner as they deem feasible so as to accomplish the change by at least December 31, 1984, and to provide for Board membership to expire on a rotating basis so that not more than three seats expire in any one year. Board members representing Districts 1, 2 and 3 shall have an initial term of four years and board members representing Districts 4, 5 and 6 shall have an initial term of six years. The lay member at large shall have an initial term of two years. Terms shall expire on December thirty-first of the appropriate year.

Present members of the State Board of Nursing shall be eligible for appointment to a new term if the Board deems this to be feasible in implementing the terms of this chapter.

President of board to serve on State Board of Medical Examiners

SECTION 4. Section 40-33-410 of the 1976 Code is amended to read:

"Section 40-33-410. The President or his designee of the State Board of Nursing shall serve as an advisory nonvoting member of the State Board of Medical Examiners to provide consultation on matters requested by the State Board of Medical Examiners. The Board of Examiners shall be required to send written notice, at least ten days prior to its meetings, of meetings it wants the president of the State Board of Nursing to attend. The president of the State Board of Nursing and the State Board of Medical Examiners shall meet at least twice a year and thereafter as necessary."

State Board to make report

SECTION 5. The State Board of Nursing shall make a report to the General Assembly on the first day of the 1983 session on the feasibility of instituting a continuing competency program and, if it is determined to be feasible, to include in the report the plan continuing competency.

Repeal

Section 6. Section 40-33-220 of the 1976 Code is repealed.

Time effective

Section 2. This act shall take effect upon approval by the Governor.