Archives > 1976 South Carolina Code of Laws - Previous Versions > 2002 Session > Title 40

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SECTION 40-33-10. Definitions.

For the purposes of this chapter:

(a) "Board" means the State Board of Nursing for South Carolina.

(b) "Temporary permit" means a current time-limited document which permits the practice of nursing at the level for which one is seeking licensure.

(c) "License" means a current document permitting the practice of nursing as a registered nurse or a licensed practical nurse.

(d) "Registered nurse" means a person to whom the board has issued a license as registered nurse.

(e) "Licensed practical nurse" means a person to whom the board has issued a license as licensed practical nurse.

(f) "Practice of nursing" means the provision of services for compensation that assist individuals and groups to obtain or maintain optimal health. Nursing practice is commensurate with the educational preparation and demonstrated competencies of the individual who is accountable to the public for the quality of nursing care. Nursing practice includes the provision of direct care and treatment services including the implementation of a medical regimen as authorized and prescribed by a licensed physician, dentist, or other person authorized by law, teaching, counseling, administration, research, consultation, supervision, delegation, and evaluation of practice. Nursing process includes the assessment and nursing diagnosis of human responses to actual or potential health problems and the planning, intervention, and evaluation of care in the promotion and maintenance of health, the casefinding and nursing management of illness, injury, or infirmity, the restoration of optimum function, or the achievement of a dignified death.

(g) "Practice of professional nursing" means the performance for compensation of any acts in the health care process involving the process of assessment, intervention, and evaluation. This process includes observation, care, and counsel of the ill, injured, infirm, the promotion and maintenance of health, the administration of medications, and treatments as authorized and prescribed by a licensed physician or a licensed dentist. The application of the nursing process requires substantial specialized independent judgment and skill and is based on knowledge and application of the principles of biophysical and social sciences. The practice of professional nursing includes the teaching and administration, supervision, delegation, and evaluation of nursing practice. A professional nurse may perform additional acts in the extended role requiring special education and training which are agreed to jointly by both the Board of Nursing and the Board of Medical Examiners. Those additional acts agreed to by both boards must be promulgated by the Board of Nursing in its regulations.

(h) "Practice of practical nursing" means the performance for compensation, under the direction of a registered nurse, licensed physician, or licensed dentist, of acts in health care maintenance, care of the ill, injured, and infirm, and in administering treatments and medications as authorized and prescribed by a licensed physician or licensed dentist, which acts require knowledge, judgment, and skill as prerequisites to licensure under this chapter, and which do not include acts of diagnosis or prescription of therapeutic or corrective measures. A licensed practical nurse may perform additional acts requiring special education and training, approved by the board, which are proper for the licensee to perform and which are recognized by the board through its regulations.

(i) "Lapsed license" means the termination of an individual's privilege to practice nursing due to the individual's failure to renew the nursing license within a specified period of time.

(j) "Voluntary surrender" means the invalidation of the nursing license at the time of its relinquishment and thereafter. No person whose license is voluntarily surrendered may practice nursing or represent himself to be a registered nurse or a licensed practical nurse until the board takes action.

(k) "Inactive license" means the temporary retirement of an individual's privilege to practice nursing upon the individual's notice to the board that he does not plan to practice nursing for at least one year.

(l) "Accreditation" means official authorization or status granted by an agency other than a state board of nursing.

(m) "Approval" means the process by which the board evaluates and grants official recognition to nursing education programs which meet established uniform and reasonable standards.

(n) "Nursing diagnosis" means a clinical judgment about an individual, family, or community which is derived through a nursing assessment.

(o) "Attendant care services" means those basic and ancillary services that enable an individual in need of in-home care to live in the individual's home and community rather than in an institution and to carry out functions of daily living, self-care, and mobility.

(p) "Basic services" includes, but is not limited to:

(1) getting in and out of a bed, wheelchair, motor vehicle, or other device;

(2) assistance with routine bodily functions including, but not limited to, health maintenance activities, bathing and personal hygiene, dressing and grooming, and feeding, including preparation and cleanup.

(q) "Ancillary services" means services ancillary to the basic services provided to an individual in need of in-home care who needs one or more of the basic services and includes:

(1) homemaker-type services including, but not limited to, shopping, laundry, cleaning, and seasonal chores;

(2) companion-type services including, but not limited to, transportation, letter writing, reading mail, and escorting; and

(3) assistance with cognitive tasks including, but not limited to, managing finances, planning activities, and making decisions.

(r) "Health maintenance activities" include, but are not limited to, catheter irrigation, administration of medications, enemas and suppositories, and wound care, if these activities could be performed by the individual if the individual were physically capable.

(s) "Individual in need of in-home care" means a functionally disabled individual in need of attendant care services because of impairment who requires assistance to complete functions of daily living, self-care, and mobility including, but not limited to, attendant care services.

SECTION 40-33-20. Penalty for unlicensed practice.

It is unlawful for any person to practice as a registered nurse or a practical nurse, to use the abbreviation "R.N." or "L.P.N." or any sign, card, or device to indicate that a person is a registered nurse or a licensed practical nurse, within the meaning of this chapter, in this State, who fails to comply with the provisions of this chapter, to include a lapsed license, an inactive license, a voluntarily surrendered license, and anyone violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction must be fined not less than five hundred dollars or imprisoned for a period of not less than thirty days, or both.

SECTION 40-33-30. Health care provided by registered nurses.

The South Carolina Department of Health and Environmental Control may establish policies whereby duly registered nurses may provide such health care, under the direction of a physician licensed to practice medicine in South Carolina and under the guidance of a registered pharmacist, as the dispensing of drugs for the treatment of tuberculosis and venereal disease, maternal and infant care, crippled children, family planning, immunization, and any other public health program now existing, or approved by the South Carolina Medical Association. The original diagnosis and treatment as prescribed by the physician shall be maintained on the individual patient's records.

SECTION 40-33-40. Construction of Section 40-33-30.

The provisions of Section 40-33-30 shall not be construed to require the employment of registered pharmacists at local health clinics for the guidance of registered nurses in the dispensing of drugs in accordance with the provisions hereof.

SECTION 40-33-50. Situations to which chapter inapplicable.

No provision of this chapter may be construed to prohibit:

(1) gratuitous nursing by friends or members of the family;

(2) the incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter;

(3) nursing assistance in case of an emergency;

(4) the practice of nursing by students enrolled in approved schools of nursing or approved schools of practical nursing, nor by graduates of these schools pending the results of the first licensing examination taken by the graduate following graduation;

(5) the practice of nursing in this State by a legally qualified nurse of another state whose engagement requires him to accompany and care for a patient temporarily residing in this State during the period of one engagement, not to exceed six months in length, provided a person does not represent or hold himself out as a nurse licensed to practice in this State;

(6) the practice of a legally qualified nurse of another state who is employed by the United States Government or a bureau, division, or agency thereof, while in the discharge of his official duties;

(7) nursing care given to their maternity patients, in the performance of their duties, by lay midwives trained and supervised under the authority of the South Carolina Department of Health and Environmental Control, so long as midwives confine nursing care to maternity patients only and do not claim to be licensed practical nurses;

(8) the practice of nursing by a licensed nurse of another state or country who is enrolled in a board-approved course of study or board-approved experimental project requiring nursing practice as a part of the educational program;

(9) a person not licensed under this chapter from providing attendant care services directed by or on behalf of an individual in need of in-home care; and

(10) performance of an act which a person would normally perform if the person were physically and cognitively able.



SECTION 40-33-210. State Board of Nursing created; membership; appointment; qualifications; terms; limitation on terms; vacancies; removal.

There is created the State Board of Nursing composed of nine members. One must be a lay member from the State at large, six must be registered nurses, and two must be licensed practical nurses. One registered nurse shall represent each congressional district, one licensed practical nurse shall represent Region I which includes Congressional Districts 1, 2, and 3, and one licensed practical nurse shall represent Region II which includes Congressional Districts 4, 5, and 6. Representation of the licensed practical nurse in each region rotates from each district in successive terms. Registered nurse and licensed practical nurse members must be licensed in South Carolina, must be employed, must have at least three years of practice in their respective profession immediately preceding their appointment, and shall reside in the district they represent. A lay member must 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 may serve as an officer of a professional health related state association.

The terms of the members are for four years and until successors are appointed and qualify. No member may serve more than two consecutive terms. All members must be appointed by the Governor.

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

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

SECTION 40-33-220. Powers of board.

(A) The Board shall enforce the provisions of this chapter.

(B) The Board may:

(1) maintain an office to carry out its work and provide funds, facilities, and equipment for its operation;

(2) use minimum standards as a basis for evaluating safe and effective nursing practice;

(3) publish advisory opinions relating to nursing practice procedures or policies authorized or acquiesced to by any agency, facility, institution, or other organization that employs individuals licensed under this chapter to comply with acceptable standards of nursing practice;

(4) examine, license, and renew the licenses of duly qualified individuals;

(5) develop minimum standards for continued competency of licensees continuing in or returning to practice;

(6) conduct surveys of educational enrollments and licensure and report to the public;

(7) conduct investigations and hearings concerning alleged violations of this chapter;

(8) develop minimum standards for nursing education programs;

(9) approve nursing education programs that meet the prescribed standards;

(10) deny or withdraw approval of nursing education programs that fail to meet the prescribed standards;

(11) approve the qualifications of nurse practitioners and clinical nurse specialists functioning in an extended role;

(12) join organizations that develop and regulate the national nursing licensure examinations and promote the improvement of the legal standards of the practice of nursing for the protection of the public;

(13) establish policies governing finances and approve an annual budget;

(14) receive and expend funds in addition to that provided in the State General Appropriations Act. The funds must be expended for purposes authorized.

SECTION 40-33-230. Subsistence, per diem, and mileage for board members.

A board member may receive for board service the usual per diem, mileage, and subsistence as provided by law for members of state boards for each day actually engaged in the duties of the office. These expenses must be paid from the fees received by the board under this chapter.

SECTION 40-33-240. Officers.

The officers of the Board shall be a president, a vice president and a secretary. The election of the president will be from the registered nurse members of the Board and the vice president and secretary will be elected from the members at large.

The officers so elected shall serve for a period of one year and until their respective successors are elected and have qualified. Officers shall be elected by the Board annually, their terms of office beginning at the close of the meeting at which they are elected. In case of a vacancy among such officers, the Board shall, within thirty days after the vacancy occurs, elect one of its members to fill the unexpired term.

The secretary shall certify to the Governor the names of the officers elected for regular and unexpired terms. In the event of a vacancy in the office of secretary, the president of the Board shall certify to the Governor the name of the person chosen to fill the vacancy.

SECTION 40-33-250. Executive director and other employees.

The Director of the Department of Labor, Licensing, and Regulation, or his designee, pursuant to Section 40-73-15, shall appoint and employ a qualified person to serve as executive director, and shall fix his compensation and define his duties. The executive director of the board shall have the power to make contracts, with board approval, for the furtherance of the board's functions and the management of the office. The director, or his designee, may employ such other persons as may be necessary to carry on the board's work. The salaries of employees and necessary expenses incurred in the performance of their duties shall be paid out of funds held by the board.

SECTION 40-33-260. Meetings; quorum.

The board shall meet at least quarterly for the purpose of transaction of business.

Five members of the board constitute a quorum, but no action of the board is valid unless authorized by the affirmative vote of a majority of the members present.

SECTION 40-33-270. Seal; rules and regulations; fees.

The Board may have and use an official seal bearing the words: "State Board of Nursing for South Carolina." It may make such rules and regulations as it may deem necessary for the purposes of carrying out the provisions of this chapter and shall fix such fees as it may deem necessary, and when such rules have been adopted, a copy of same shall be filed with the Secretary of State. Upon their adoption, they shall have the full force and effect of law.

SECTION 40-33-280. Administration of oaths.

The presiding officer of the Board may administer oaths in the taking of testimony upon any and all matters pertaining to the business or duties of the Board.

SECTION 40-33-290. Records and registers.

The Board shall keep a record of all its proceedings, a record of all applicants for licenses and of the action of the Board, and a record of all nurses who have complied with the requirements of this chapter and have been licensed to practice nursing or practical nursing in this State.

Records kept by the Board are prima facie evidence of all matters therein recorded. At all reasonable times, all records must be open to public inspection except as otherwise prohibited by law.



SECTION 40-33-410. President of Board to serve on State Board of Medical Examiners.

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.



SECTION 40-33-510. License required to practice.

It is unlawful for a person to practice registered nursing in this State or to use a title, abbreviation, sign, card, or other device to indicate that he is so practicing, unless he has been licensed under the provisions of this chapter pursuant to the law in force at the time of his authorization as a registered nurse.

SECTION 40-33-520. Examinations; certificates of registration.

The Board shall examine all candidates for licensing as registered nurses as herein provided and pass upon their qualifications to practice nursing as registered nurses in this State and give each successful applicant a license to that effect. The license entitles the holder to practice nursing in this State as a registered nurse and to use the letters "R.N." after his name.

SECTION 40-33-530. Qualifications of applicants.

Each applicant shall furnish evidence satisfactory to the Board that he is at least eighteen years of age, has completed at least four years of work in a high school accredited by the State Board of Education in the state in which the school is located or the equivalent of such work, satisfactory evidence of which must be furnished to the Board, has completed a course of study in an approved nursing education program, and has met other preliminary qualification requirements as the Board may prescribe. The Board may deny licensure based on evidence of unlawful acts, incompetence, unprofessional conduct, or other misconduct.

SECTION 40-33-550. Application fee.

Each applicant shall pay to the Board such fee as shall be determined by the Board.

SECTION 40-33-560. Nurses registered in other states, territories, District of Columbia or foreign countries.

The Board shall issue licenses without examination to nurses licensed in other states, territories, the District of Columbia, or foreign countries, if the individual qualifications of the nurse meet the requirements of this chapter and the Board and the required fee is paid. The Board may deny licensure based on evidence of unlawful acts, incompetence, unprofessional conduct, or other misconduct.



SECTION 40-33-710. License required to practice.

It shall be unlawful for any person to practice practical nursing in this State or to use any title, abbreviation, sign, card or other device to indicate that such a person is so practicing, unless such person has been licensed under the provisions of this chapter as a practical nurse.

SECTION 40-33-720. Examinations; certificates.

The Board shall examine all candidates for licensing as licensed practical nurses, as hereinafter provided, and shall pass upon their qualifications to practice practical nursing as licensed practical nurses in this State, and shall give each successful applicant a license to that effect. The license entitles the holder to practice practical nursing in this State as a licensed practical nurse and to use the letters "L.P.N." after his name.

SECTION 40-33-730. Qualifications of applicants.

Each applicant for a license to practice as a licensed practical nurse shall submit evidence satisfactory to the Board that he is at least eighteen years of age, has successfully completed at least two years of work in an accredited high school or the equivalent of such work, satisfactory evidence of which must be furnished to the Board, has successfully completed the course of study in a nursing education program for practical nurses approved by the Board or has completed a course of study determined by the Board to be the equivalent thereof, and has met such other preliminary qualification requirements as the Board may prescribe. The Board may deny licensure based on evidence of unlawful acts, incompetence, unprofessional conduct, or other misconduct.

SECTION 40-33-750. Application fee.

The applicant, applying for a license to practice as a licensed practical nurse, shall pay to the Board such fee as shall be determined by the Board.

SECTION 40-33-760. Nurses licensed in other states, territories, District of Columbia or foreign countries.

The Board may issue a license to practice as a licensed practical nurse without examination to any applicant who is a licensed practical nurse or a person entitled to perform similar services under a different title under the laws of another state or territory, the District of Columbia, or a foreign country if, in the opinion of the Board, the applicant meets the requirements for licensed practical nurses in this State. Each applicant shall pay to the Board such fee as it may determine. The Board may deny licensure based on evidence of unlawful acts, incompetence, unprofessional conduct, or other misconduct.

SECTION 40-33-770. Exceptions to on-site supervision requirements.

Notwithstanding Section 40-33-10(h) requiring the practice of practical nursing to be performed under the direction of a registered nurse, licensed physician, or licensed dentist, a licensed practical nurse may provide nursing care authorized for licensed practical nurses under this chapter without the on-site supervision of a registered nurse, licensed physician, or licensed dentist in:

(1) home or residential settings under the Medicaid program, or any other home or residential setting, if a registered nurse has approved the plan of care;

(2) public schools and the Department of Juvenile Justice and Department of Corrections institutions and facilities if the licensed practical nurse follows the policies, procedures, and guidelines of the employing entity and if a registered nurse is available on call by telecommunications.



SECTION 40-33-910. Examinations.

An applicant must pass the examinations prescribed by the board in subjects as may be determined by the board.

SECTION 40-33-920. Reexamination.

An applicant who does not pass the first examination may repeat the examination within one year of taking the examination as provided by the board in regulation. An applicant who does not pass the examination within one year of first taking the examination must provide evidence satisfactory to the board of remediation before reexamination. An applicant who has not passed the examination within three (3) years of first taking the examination must requalify to take the examination as provided by the board in regulation.

SECTION 40-33-930. Revocation, suspension and other discipline of licensees.

The board, if it has reason to believe grounds exist, may 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 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 for the violations may not exceed ten thousand dollars. All fines must be remitted to the State Treasurer and deposited in a special fund from which the board must 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 accrues after fines are due 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. An 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 defined in Section 40-33-935, has been filed with the board in accordance with regulations promulgated by the board.

On deciding what discipline is appropriate the board shall 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. The board is not limited to considering only those factors.

SECTION 40-33-931. Majority vote of board required to discipline licensee; review of decision; when discipline effective.

A 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 an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.

A 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 the decision to the licensee and a petition for review does not operate as a supersedeas.

SECTION 40-33-935. Grounds for revocation, suspension or other discipline of licensees.

Misconduct, as defined in the regulations, which constitutes grounds for a revocation, suspension, or other restriction of a license or a limitation on or other discipline of a licensee, is a satisfactory showing to the board of any of the following:

(a) That the licensee has committed or been convicted of a felony. In the absence of a conviction, the board may receive evidence to reach an independent conclusion as to the commission of the felony, but the determination may be used only in making the administrative decision regarding the proposed discipline.

(b) That the licensee has violated a federal, state, or local alcohol or drug law. A conviction is not needed to prove misconduct under this paragraph.

(c) That the licensee is engaging in the practice of nursing when judgment or physical ability is impaired by alcohol, drugs, or controlled substances and has declined or been unsuccessful in accomplishing rehabilitation.

(d) That the licensee has participated knowingly in the fraudulent procurement of a license for himself or another person, or has allowed another person to use his license.

(e) That the licensee wilfully or repeatedly has followed a course of conduct which, by reasonable professional or ethical standards, renders him incompetent to assume, perform, or be entrusted with the duties, responsibilities, or trusts which normally devolve upon a licensed practical nurse or a registered nurse.

(f) That the licensee has had his license to practice nursing in another state suspended or revoked or other disciplinary action has been taken against him by another state. In those situations, the action by another state creates a rebuttable presumption that a South Carolina nursing license may be acted upon similarly. The finding may be based solely upon the record in the other state, and there is no requirement for a de novo hearing on the facts established in that proceeding. Other evidence is admissible to support or rebut the above presumption.

(g) That the licensee has violated a section of this chapter or a regulation or order of the board.

(h) Additionally, a nurse who is under investigation for any of the above items of misconduct or incapacity may voluntarily surrender his license to the board. The voluntary surrender invalidates the license at the time of its relinquishment and no person whose license is voluntarily surrendered may practice nursing or represent himself to be a registered nurse or licensed practical nurse until the board takes action. A person practicing as a registered nurse or licensed practical nurse during the period of voluntary license surrender is considered an illegal practitioner and is subject to the penalties provided by this chapter. The surrender of a license may not be considered as an admission of guilt by a panel, court, or other entity in revoking the license of a registered nurse or licensed practical nurse. The surrender is with the understanding that it does not preclude the board from imposing conditions on the acceptance of the proffered surrender, which the licensee must meet before the return of his license, nor does it preclude the board from taking disciplinary action under this section.

SECTION 40-33-936. Privileged communications in disciplinary proceedings; due process.

Every communication, whether oral or written, made by or on behalf of any person, firm or corporation to the Board or any person designated by it to investigate or otherwise hear matters relating to the revocation, suspension, or other restriction on a license or the limitation on or other discipline of a licensee, whether by way of complaint or testimony, shall be privileged; and no action or proceeding, civil or criminal, shall lie against any such person, firm or corporation by or on whose behalf such communication shall have been made by reason thereof, except upon proof that such communication was made with malice.

No part of this article shall be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law, nor to prohibit the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.

SECTION 40-33-940. Annual renewal of licenses.

The license of every person licensed under the provisions of this chapter to practice as a registered nurse or as a licensed practical nurse in this State must be renewed annually, except as otherwise provided. After January 31, 1993, a licensee who has not practiced nursing for a minimum of nine hundred sixty hours in the preceding five years is not eligible for an active license.

A licensee who allows his license to lapse, by failing to renew the license as provided above, may be reinstated by the board on payment of a reinstatement fee and the current renewal fee, and demonstration of nursing competence as defined in regulations of the board.

SECTION 40-33-941. Lapsed licenses.

A licensee who allows his license to lapse, by failing to renew the license, may be reinstated by the board on payment of a reinstatement fee and the current renewal fee and demonstration of nursing competence as defined in the regulations of the board. The board may deny reinstatement based on evidence of unlawful acts, incompetence, unprofessional conduct, or other misconduct.

A person practicing as a registered nurse or licensed practical nurse during the time his license has lapsed is considered an illegal practitioner and is subject to the penalties provided for violation of this chapter.

SECTION 40-33-950. Temporary retirement of licensees; volunteer nurses' license.

(A) A person currently licensed under the provisions of this chapter who does not meet the minimum practice requirement for renewal, desiring to retire from practice temporarily, or who leaves the State, may send to the board a written request for official inactive status. Upon receipt of the request and appropriate fee, the board shall act and place the name of the person on the official inactive list. While remaining on this list, the person is not subject to the payment of any renewal fees and shall not practice nursing in this State. When the person desires to resume practice, an application for a renewal of license and payment of a renewal fee for the current period, and demonstration of nursing competence as defined in regulations of the board, must be made to the board. The board may deny reinstatement or renewal based on evidence of unlawful acts, incompetence, unprofessional conduct, or other misconduct.

(B) A volunteer license may be issued by the board without fee to a retired nurse who has been granted inactive status and who has practiced not less than twenty-five years or until age sixty-five after a minimum of fifteen years of practice and who wishes to donate nursing services through a charitable organization approved by the board, if the retired nurse files proper application on a form provided by the board satisfactorily demonstrating that not less than twenty-five hours of initial training with the charitable organization has been completed and that the retired nurse has been on the official inactive status list for not more than ten years. A volunteer license authorizes the retired nurse to provide nursing services to others without remuneration of any kind through one specifically identified charitable organization only. A volunteer license is not transferable. A separate application must be filed and a separate license must be issued for every charitable organization to which the retired nurse wishes to donate nursing services. A volunteer license may be renewed annually upon application and satisfactory demonstration of not less than twenty-five hours of service or additional training during the preceding year with the same charitable organization. A volunteer license may be renewed annually for an indefinite number of years, if the license has been renewed annually without interruption with the same charitable organization and all other qualifications have been met. The board may promulgate any additional regulations as necessary to carry out the provisions of this section.

SECTION 40-33-960. Administration of oaths, subpoena of witnesses, and the like in Board investigations or proceedings; injunctive relief.

For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board deems relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application by the board, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry.

Whenever the board has reason to believe that any person is violating or intends to violate any provision of this chapter, it may, in addition to all other remedies, order such person to immediately desist and refrain from such conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from such conduct. The examiner may issue a temporary injunction ex parte, and upon notice and full hearing may issue any other order in the matter it deems proper. No bond shall be required of the board by the examiner as a condition to the issuance of any injunction or order contemplated by the provisions of this section.

SECTION 40-33-970. Nursing employers to report instances of misconduct or incapacities.

All employers of nursing shall report any instances of the misconduct or the incapacities described in Section 40-33-935 to the State Board of Nursing.

SECTION 40-33-980. Unlicensed persons authorized to provide prescribed medications.

In community residential care facilities, the provision of selected prescribed medications may be performed by selected unlicensed persons with documented medication training and skill competency evaluation. The provision of medications by selected unlicensed persons is limited to oral and topical medications and to regularly scheduled insulin and prescribed anaphylactic treatments under established medical protocol and does not include sliding scale insulin or other injectable medications. Licensed nurses may train and supervise selected unlicensed persons to provide medications and, after reviewing competency evaluations, may approve selected unlicensed persons for the provision of medications.



SECTION 40-33-1110. Duties of Board generally.

The Board shall register as accredited such schools of nursing as shall meet the requirements of the Board as to courses and standards. It shall prescribe curricula and standards for schools and courses preparing persons for registration or licensing under this chapter. It shall provide for surveys of such schools and courses at such times as it may deem necessary. It shall accredit such schools and courses as meet the requirements of this chapter and the Board. It shall evaluate and approve courses for affiliation. At intervals regulated by its bylaws it shall prepare and make a report for public distribution of all schools of nursing or combinations of schools of nursing in this State and all courses for the training of practical nurses approved by the Board as meeting the requirements of this chapter and of the Board.

SECTION 40-33-1120. Survey and approval of nursing education programs.

A survey of the institution with which the nursing education program is to be affiliated must be made by the executive director or other employee of the Board and a written report of the survey must be submitted to the Board. If, in the opinion of the Board, the basic standards are met by a nursing education program, it shall designate the program as an approved nursing education program.

SECTION 40-33-1130. Periodic surveys of nursing education programs; notice of defects; removal from list of approved programs.

As considered necessary, the Board, through its executive director, or other employee, shall survey all nursing education programs in the State. Written reports of surveys must be submitted to the Board. If the Board determines that any approved nursing education program is not maintaining the standards required by the statutes and by the Board, notice thereof in writing specifying the defect shall immediately be given to the program. A program which fails to correct the defects to the satisfaction of the Board within a reasonable time must be removed from the list of approved nursing education programs.