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2653Ratification Number: 542Act Number: 458Introducing Body: HouseSubject: Relating to revocation and suspension of licenses and other discipline of licensees by the State Board of Nursing for South Carolina
(A458, R542, H2653)
AN ACT TO AMEND SECTION 40-33-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION AND SUSPENSION OF LICENSES AND OTHER DISCIPLINE OF LICENSEES BY THE STATE BOARD OF NURSING FOR SOUTH CAROLINA, SO AS TO AUTHORIZE THE BOARD, IN ADDITION TO ANY OTHER SANCTION IMPOSED BY IT, TO REQUIRE A LICENSEE TO PAY A CIVIL PENALTY OF UP TO TWO THOUSAND DOLLARS FOR EACH VIOLATION OF THE PROVISIONS OF CHAPTER 33 OF TITLE 40 OR OF THE REGULATIONS PROMULGATED BY THE BOARD; PROVIDE THAT THE TOTAL PENALTY OR FINE FOR SUCH VIOLATIONS MAY NOT EXCEED TEN THOUSAND DOLLARS; PROVIDE THAT ALL FINES SHALL BE REMITTED TO THE STATE TREASURER WHERE THEY WILL BE DEPOSITED IN A SPECIAL FUND FROM WHICH THE STATE BOARD OF NURSING SHALL BE REIMBURSED FOR ADMINISTRATIVE COSTS FOR EACH CASE UPON APPROVAL OF THE BUDGET AND CONTROL BOARD: PROVIDE THAT WHENEVER THE SPECIAL FUND EXCEEDS TWENTY THOUSAND DOLLARS, ALL EXCESS FUNDS MUST BE REMITTED TO THE GENERAL FUND; PROVIDE THAT FINES ARE PAYABLE IMMEDIATELY ON THE EFFECTIVE DATE OF ANY DISCIPLINE; PROVIDE FOR THE ACCRUAL OF INTEREST; PROVIDE THAT NO LICENSEE IS ELIGIBLE FOR REINSTATEMENT UNTIL THE FINE LEVIED UPON HIM HAS BEEN PAID IN FULL; AND PROVIDE THAT ANY ACTION OF THE STATE BOARD OF NURSING RELATING TO THE REVOCATION OR SUSPENSION OF A LICENSE, OR OTHER ACTION EITHER RESTRICTING A LICENSE OR LIMITING OR OTHERWISE DISCIPLINING A LICENSEE, MAY BE TAKEN ONLY AFTER A WRITTEN COMPLAINT OF MISCONDUCT, AS DEFINED, HAS BEEN FILED WITH THE BOARD IN ACCORDANCE WITH REGULATIONS OF THE BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
Board may order revocation or suspension of license
SECTION 1. Section 40-33-930 of the 1976 Code, as last amended by Act 89 of 1977, is further amended to read:
"Section 40-33-930. The board may, if it has reason to believe grounds exist, order the revocation or suspension of a license to practice nursing as a registered nurse or a licensed practical nurse or privately reprimand the registered nurse or licensed practical nurse or take other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose such restraint upon the nursing practice of the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In addition to any other sanction imposed by the board upon the licensee, the board may require the licensee to pay a civil penalty of up to two thousand dollars to the board for each violation of the provisions of this chapter or of the regulations promulgated by the board, but the total penalty or fine imposable hereunder for such violations may not exceed ten thousand dollars. All fines shall be remitted to the State Treasurer where they will be deposited in a special fund from which the State Board of Nursing shall be reimbursed for administrative costs for each case upon the approval of the Budget and Control Board. At any time when the special fund exceeds twenty thousand dollars, all excess funds must be remitted to the General Fund. Fines are payable immediately upon the effective date of discipline. Interest shall accrue thereafter at the maximum rate allowed by law. No licensee against whom a fine is levied is eligible for reinstatement until the fine has been paid in full. Any action of the board relating to the revocation or suspension of a license, or other action either restricting a license or limiting or otherwise disciplining a licensee, may be taken only after a written complaint of misconduct, as hereinbelow defined, has been filed with the board in accordance with regulations promulgated by the board.
Any decision by the board to revoke, suspend, or otherwise discipline a licensee must be by majority vote of the total membership of the board and is subject to review by the circuit court upon petition filed by the licensee with the court and a copy thereof served upon the secretary of the board within thirty days from the date of delivery of the board's decision to the licensee. Such review is limited to the record established by the board hearing.
Any decision by the board to revoke, suspend, or otherwise restrict a license or to limit or otherwise discipline a licensee becomes effective upon delivery of a copy of such decision to the licensee and a petition for court review shall not operate as a supersedeas.
In deciding what discipline is appropriate the board must consider, along with the nature and circumstances of the offense, the protection of the public, the standards of nursing, and the interests in rehabilitation of the respondent nurse; however,
the board is not limited to considering only those factors."
SECTION 2. This act shall take effect upon approval by the Governor.