H*2653 Session 105 (1983-1984)
H*2653(Rat #0542, Act #0458 of 1984) General Bill, By
House Medical, Military, Public and Municipal Affairs
A Bill 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 his 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.-amended title
03/10/83 House Introduced, read first time, placed on calendar
without reference HJ-1446
03/16/83 House Debate adjourned HJ-1523
03/17/83 House Debate adjourned HJ-1576
03/22/83 House Amended HJ-1621
03/22/83 House Read second time HJ-1622
03/23/83 House Read third time and sent to Senate HJ-1636
03/23/83 Senate Introduced and read first time SJ-780
03/23/83 Senate Referred to Committee on Medical Affairs SJ-781
05/31/84 Senate Committee report: Favorable Medical Affairs SJ-2150
05/31/84 Senate Read second time SJ-2151
06/01/84 Senate Read third time and enrolled SJ-2201
06/13/84 Ratified R 542
06/19/84 Signed By Governor
06/19/84 Effective date 06/19/84
06/19/84 Act No. 458
06/27/84 Copies available
(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."
Time effective
SECTION 2. This act shall take effect upon approval by the Governor. |