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COMMITTEE REPORT
April 20, 2006
S. 910
S. Printed 4/20/06--S.
Read the first time June 1, 2005.
To whom was referred a Bill (S. 910) to amend the Code of Laws of South Carolina, 1976, by adding Section 40-33-39 so as to require nurses to wear an identification badge; to amend, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 33, Title 40 of the 1976 Code is amended by adding:
"Section 40-33-39. A licensed nurse must clearly identify himself or herself as officially licensed by the board. A licensed nurse shall wear a clearly legible identification badge or other adornment at east one inch by three inches in size bearing the nurse's name and title as officially licensed."
SECTION 2. Section 40-33-32(B)(4) of the 1976 Code, as added by Act 225 of 2004, is amended to read:
"(4) submits a copy of the applicant's birth certificate or a valid passport issued by the applicant's country of origin satisfactory proof of identity and age demonstrating that the applicant is eighteen years of age or older;"
SECTION 3. Section 40-33-34(F)(1)(d) of the 1976 Code as added by Act 225 of 2004, is amended to read:
"(d) must be signed by the NP, CNM, or CNS with the prescriber's identification number assigned by the board and the DEA number all prescribing numbers required by law. The prescription form must include the name, address, and phone number of the NP, CNM, or CNS and physician and must comply with the provisions of Section 39-24-40. A prescription must designate a specific number of refills and may not include a nonspecific refill indication;"
SECTION 4. Section 40-33-35 of the 1976 Code as added by Act 225 of 2004, is amended to read:
Section 40-33-35. An applicant for a license who currently holds a current or has held an authorization to practice nursing in another state or jurisdiction in this country or territory or dependency of the United States may be licensed by the board by endorsement, without examination, if the applicant:
(1) submits a completed application on a form provided by the board;
(2) submits one 2" x 2" photograph signed and dated;
(3) submits the appropriate application fee;
(4) submits a copy of the applicant's birth certificate or a valid passport issued by the applicant's country of origin satisfactory proof of identity and age demonstrating that the applicant is eighteen years of age or older;
(5) submits a copy of the applicant's social security card or permanent resident card; a resident alien who does not have a social security number must have an alien identification number;
(6) has not committed any acts that are grounds for disciplinary action;
(7) has completed all requirements for graduation from a nursing education program approved by the state or jurisdiction in this country or territory or dependency of the United States in which the program is located, as evidenced by a graduation transcript or other proof of education satisfactorily demonstrating graduation as determined by the board. The applicant's education must be equivalent to that required in this State at the time of the applicant's initial licensure in the other jurisdiction. An applicant shall comply with these educational requirements for basic RN licensure and satisfy the requirements of Section 40-33-34 to practice as an APRN.
(8) submits verification of current or prior authorization to practice as a nurse in another state or jurisdiction or territory or dependency of the United States and that a license:
(a) has been issued on the basis of passing the State Board Test Pool Examination before 1983 or the appropriate National Council Licensure Examination;
(b) was not issued on the basis of passing the State Board Test Pool Examination before 1983 or the appropriate National Council Licensure Examination, in which case the applicant shall demonstrate not fewer than three years of successful practice as a licensed nurse in another state or jurisdiction in this country without disciplinary action that resulted in restriction of practice, including probation;
(9) evidence of continued competency as provided in this chapter;
(10) whose native language is not English, submits evidence of passing the Test of English as First Language (TOEFL), Test of Written English (TWE), and Test of Spoken English (TSE) offered by the TOEFL/TSE Services or another service approved by the board."
SECTION 5. Section 40-33-36(D) of the 1976 Code, as added by Act 225 of 2004, is amended to read:
"(D)(1) The board may issue a temporary or limited license to practice nursing, in accordance with this subsection, or as may be provided for in regulation, to an applicant:
(a) for licensure as an advanced practice registered nurse, a registered nurse, or as a licensed practical nurse, if the applicant's preliminary credentials have been approved and whose fee has been paid;
(b) for licensure by endorsement as an advanced practice registered nurse, a registered nurse or as a licensed practical nurse, for up to sixty days, unless further authorized by the administrator or designee, pending completion and approval of the application, if the applicant has filed an application, paid the fee, and has produced a valid license to practice in another jurisdiction.
(c) while participating in a refresher course for up to ninety days, unless further authorized by the administrator or designee, when the applicant is seeking reinstatement of a lapsed or an inactive license or licensure by endorsement and must submit evidence of nursing competence before returning to nursing practice.
(2) An applicant who has failed the licensing examination is not eligible for a temporary permit to practice nursing.
(3) The board must not issue a limited, temporary, or permanent license to a person licensed in another state who currently has disciplinary action pending against the person in that state or whose license is currently restricted in any way, including probationary status, in that state.
(4) The board or department may immediately cancel a temporary permit or license that was issued based upon false, fraudulent, or misleading information provided by an applicant."
SECTION 6. Section 40-33-40 of the 1976 Code, as amended by Act 225 of 2004, is further amended to read:
"Section 40-33-40. (A) Demonstration of competency for initial licensure requires documented evidence of the following:
(1) graduation from an approved nursing education program; and
(2) successful completion of the NCLEX appropriate to the area of licensure and appropriate credentials for advanced practice registered nursing licensure, if applicable.
(B) Demonstration of competency for:
(1) renewal of an active license biennially requires documented evidence of at least one of the following requirements during the licensure period:
(a) completion of thirty contact hours from a continuing education provider recognized by the board;
(b) maintenance of certification or re-certification by a national certifying body recognized by the board;
(c) completion of an academic program of study in nursing or a related field recognized by the board; or
(d) verification of competency and the number of hours practiced, as evidenced by employer certification on a form approved by the board.
(2) reinstatement from lapsed or inactive status of five years or less requires documented evidence of at least one of the following within the preceding two years:
(a) completion of thirty contact hours from a continuing education provider recognized by the board and successful completion of a course in legal aspects approved by the board;
(b) maintenance of certification or re-certification by a national certifying body recognized by the board;
(c) completion of an academic program of study in nursing or a related field recognized by the board;
(d) verification of competency and the number of hours practiced in another jurisdiction where authorized to practice, as evidenced by employer certification on a form approved by the board; or
(e) successful completion of a refresher course approved by the board.
(3) reinstatement from lapsed or inactive status of more than five years requires documented evidence of at least one of the following within the preceding two years:
(a) successful completion of a refresher course approved by the board; or
(b) successful completion of the NCLEX appropriate to the area of licensure.
(C) Demonstration of competency for reinstatement from lapsed or inactive status or licensure of a person who holds a current authorization to practice in another state or jurisdiction in this country or territory or dependency of the United States requires documented evidence of at least one of the requirements in subsection (B) during the preceding two years.
(D) Failure to comply with applicable continued competency requirements results in nonrenewal or denial of the application. A licensee shall maintain all documented evidence of compliance for at least four years. This documented evidence must be presented by the licensee within five business days of request by a representative of the department acting in its discretion or in accordance with a random audit of a sample of licensees. Failure to provide satisfactory documented evidence of compliance within the prescribed time results in the immediate temporary suspension or cancellation of the license pending compliance with all requirements for licensure and until order of the board."
SECTION 7. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR. for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES OF ADVANCED PRACTICE REGISTERED NURSES; TO AMEND SECTION 44-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS OR LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE; AND TO AMEND SECTION 40-33-190, RELATING TO THE CONFIDENTIALITY OF COMPLAINTS, HEARINGS, AND OTHER MATTERS RELATING TO ALLEGED VIOLATIONS CONCERNING THE LICENSURE AND REGULATION OF NURSES, SO AS TO FURTHER CLARIFY THE CONFIDENTIALITY OF THESE MATTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 33, Title 40 of the 1976 Code is amended by adding:
"Section 40-33-39. A licensed nurse must clearly identify himself or herself as officially licensed by the board. A licensed nurse shall wear a clearly legible identification badge or other adornment at east one inch by three inches in size bearing the nurse's name and title as officially licensed."
SECTION 2. Section 40-33-32(B)(4) of the 1976 Code, as added by Act 225 of 2004, is amended to read:
"(4) submits a copy of the applicant's birth certificate or a valid passport issued by the applicant's country of origin satisfactory proof of identity and age demonstrating that the applicant is eighteen years of age or older;"
SECTION 3. Section 40-33-34(F)(1)(d) of the 1976 Code as added by Act 225 of 2004, is amended to read:
"(d) must be signed by the NP, CNM, or CNS with the prescriber's identification number assigned by the board and the DEA number all prescribing numbers required by law. The prescription form must include the name, address, and phone number of the NP, CNM, or CNS and physician and must comply with the provisions of Section 39-24-40. A prescription must designate a specific number of refills and may not include a nonspecific refill indication;"
SECTION 4. Section 40-33-35(4) of the 1976 Code as added by Act 225 of 2004, is amended to read:
"(4) submits a copy of the applicant's birth certificate or a valid passport issued by the applicant's country of origin satisfactory proof of identity and age demonstrating that the applicant is eighteen years of age or older;"
SECTION 5. Section 40-33-36(D)(1) of the 1976 Code, as added by Act 225 of 2004, is amended to read:
"(1) The board may issue a temporary or limited license to practice nursing, in accordance with this subsection, or as may be provided for in regulation, to an applicant:
(a) for licensure as an advanced practice registered nurse, a registered nurse, or as a licensed practical nurse, if the applicant's preliminary credentials have been approved and whose fee has been paid;
(b) for licensure by endorsement as an advanced practice registered nurse, a registered nurse, or as a licensed practical nurse, for up to sixty days, unless further authorized by the administrator or designee, pending completion and approval of the application, if the applicant has filed an application, paid the fee, and has produced a valid license to practice in another jurisdiction.
(c) while participating in a refresher course for up to ninety days, unless further authorized by the administrator or designee, when the applicant is seeking reinstatement of a lapsed or an inactive license or licensure by endorsement and must submit evidence of nursing competence before returning to nursing practice."
SECTION 6. Section 40-33-40 of the 1976 Code, as amended by Act 225 of 2004, is further amended to read:
"Section 40-33-40. (A) Demonstration of competency for initial licensure requires documented evidence of the following:
(1) graduation from an approved nursing education program; and
(2) successful completion of the NCLEX appropriate to the area of licensure and appropriate credentials for advanced practice registered nursing licensure, if applicable.
(B) Demonstration of competency for:
(1) renewal of an active license biennially requires documented evidence of at least one of the following requirements during the licensure period:
(a) completion of thirty contact hours from a continuing education provider recognized by the board;
(b) maintenance of certification or re-certification by a national certifying body recognized by the board;
(c) completion of an academic program of study in nursing or a related field recognized by the board; or
(d) verification of competency and the number of hours practiced, as evidenced by employer certification on a form approved by the board.
(2) reinstatement from lapsed or inactive status of five years or less requires documented evidence of at least one of the following within the preceding two years:
(a) completion of thirty contact hours from a continuing education provider recognized by the board and successful completion of a course in legal aspects approved by the board;
(b) maintenance of certification or re-certification by a national certifying body recognized by the board;
(c) completion of an academic program of study in nursing or a related field recognized by the board;
(d) verification of competency and the number of hours practiced in another jurisdiction where authorized to practice, as evidenced by employer certification on a form approved by the board; or
(e) successful completion of a refresher course approved by the board.
(3) reinstatement from lapsed or inactive status of more than five years requires documented evidence of at least one of the following within the preceding two years:
(a) successful completion of a refresher course approved by the board; or
(b) successful completion of the NCLEX appropriate to the area of licensure.
(C) Demonstration of competency for reinstatement from lapsed or inactive status or licensure of a person who holds a current authorization to practice in another state or jurisdiction in this country or territory or dependency of the United States requires documented evidence of at least one of the requirements in subsection (B) during the preceding two years.
(D) Failure to comply with applicable continued competency requirements results in nonrenewal or denial of the application. A licensee shall maintain all documented evidence of compliance for at least four years. This documented evidence must be presented by the licensee within five business days of request by a representative of the department acting in its discretion or in accordance with a random audit of a sample of licensees. Failure to provide satisfactory documented evidence of compliance within the prescribed time results in the immediate temporary suspension or cancellation of the license pending compliance with all requirements for licensure and until order of the board."
SECTION 7. Section 40-33-190 of the 1976 Code, as added by Act 225 of 2004, is amended to read:
"Section 44-33-190. (A) No person connected with any complaint, investigation, or other proceeding before the board including, but not limited to, a witness, counsel, counsel's secretary staff, board member, board employee, court reporter, or investigator may mention the existence of the complaint, investigation, or other proceeding, disclose any information pertaining to the complaint, investigation, or other proceeding, or discuss any testimony or other evidence in the complaint, investigation, or proceeding, and then only to the extent except as necessary for the proper disposition of the complaint, investigation, or other proceeding.
(B) Every communication, oral or written, to the board, department, staff, counsel, or any other person acting on behalf of the board or department during the investigation, hearing, or adjudication of the disciplinary matters including, but not limited to, investigative reports concerning interviews and issues under investigation, correspondence, summaries, incident reports, computer printouts, and documents created during peer review proceedings are privileged and these persons are immune from liability.
(C) Information that has been declared confidential or personal under this chapter or other applicable law must not be disclosed, except to the extent necessary for the proper disposition of the matter before the board, and is protected in the same manner as provided in Section 40-71-20, or as otherwise provided by law.
(D) Except as provided for in subsection (E), the identity of the initial complainant and any confidential informants or other witnesses who do not testify are confidential and must not be disclosed to other parties, entities, or persons, and all information contained in confidential investigative files is privileged from disclosure for any reason whatsoever, except as provided for in subsection (E).
(E) Whenever the department receives information indicating a violation of state or federal law, the department may provide that information, to the extent the department considers necessary, to the appropriate state or federal law enforcement or regulatory body.
(F) No information in investigative files or disciplinary proceedings is required to be expunged pursuant to any other provision of state law."
SECTION 8. This act takes effect upon approval by the Governor.
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