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A345, R398, H5012
STATUS INFORMATION
General Bill
Sponsors: Rep. Chalk
Document Path: l:\council\bills\nbd\12250ac08.doc
Introduced in the House on April 10, 2008
Introduced in the Senate on April 17, 2008
Last Amended on May 28, 2008
Passed by the General Assembly on June 4, 2008
Governor's Action: June 11, 2008, Vetoed
Legislative veto action(s): Veto overridden
Summary: Nursing
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/10/2008 House Introduced and read first time HJ-19
4/10/2008 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-19
4/15/2008 House Recalled from Committee on Medical, Military, Public and
Municipal Affairs HJ-51
4/16/2008 House Read second time HJ-20
4/16/2008 Scrivener's error corrected
4/17/2008 House Read third time and sent to Senate HJ-35
4/17/2008 Senate Introduced and read first time SJ-9
4/17/2008 Senate Referred to Committee on Medical Affairs SJ-9
5/14/2008 Senate Committee report: Favorable Medical Affairs SJ-13
5/15/2008 Senate Read second time SJ-13
5/28/2008 Senate Amended SJ-93
6/3/2008 Senate Read third time and returned to House with amendments
SJ-22
6/4/2008 House Concurred in Senate amendment and enrolled HJ-33
6/5/2008 Ratified R 398
6/11/2008 Vetoed by Governor
6/25/2008 House Veto overridden by originating body Yeas-83 Nays-21
6/25/2008 Senate Veto overridden Yeas-43 Nays-0
6/30/2008 Copies available
6/30/2008 Effective date 06/25/08
7/11/2008 Act No. 345
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
4/10/2008
4/15/2008
4/16/2008
5/14/2008
5/28/2008
(A345, R398, H5012)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING, TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE, AND TO PROVIDE THAT WRITING A DISHONORED CHECK IS NOT EVIDENCE OF MORAL TURPITUDE FOR PURPOSES OF DISCIPLINARY ACTION OR DISQUALIFICATION FOR LICENSURE IF PROSECUTION OF THE OFFENSE WAS DISMISSED DUE TO PROOF OF PAYMENT OF RESTITUTION; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S FIRST OR LAST NAME, OR BOTH, AND TITLE.
Be it enacted by the General Assembly of the State of South Carolina:
Criminal records checks may be required for licensure; dismissed prosecution for writing a dishonored check is not an act of moral turpitude
SECTION 1. Chapter 33, Title 40 of the 1976 Code is amended by adding:
"Section 40-33-25. (A) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure to practice nursing, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action.
(B) In an investigation or disciplinary proceeding concerning a licensee, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the department and may be recovered as administrative costs associated with an investigation or hearing pursuant to this chapter unless ordered by the board as a cost in a disciplinary proceeding. The department shall keep information received pursuant to this section confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action.
(C) Notwithstanding any other provision of this section or any other provision of law, the dismissal of a prosecution of a fraudulent intent in drawing a dishonored check case by reason of want of prosecution or proof of payment of restitution and administrative costs must not be used as evidence of an act of moral turpitude for disciplinary purposes or for the purposes of disqualifying a person seeking licensure or renewal of licensure pursuant to this chapter."
Identification badges
SECTION 2. 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 least one inch by three inches in size bearing the nurse's first or last name, or both, and title as officially licensed."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2008.
Vetoed by the Governor -- 6/11/08.
Veto overridden by House -- 6/25/08.
Veto overridden by Senate -- 6/25/08.
This web page was last updated on Monday, October 10, 2011 at 1:40 P.M.