H 3632(Rat #0217)  General Bill, By Chalk, Haskins, Brantley, Bales, Harvin, 
Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J.R. Smith and Whipper

Similar(S 512)
 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 AND TO PROVIDE THAT THE DEPARTMENT
 MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION
 OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS
 TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE
 NURSE'S NAME AND TITLE. - ratified title

   03/01/07  House  Introduced and read first time HJ-55
   03/01/07  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-55
   05/16/07  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-3
   05/17/07         Scrivener's error corrected
   05/22/07  House  Amended HJ-16
   05/22/07  House  Read second time HJ-17
   05/23/07  House  Read third time and sent to Senate HJ-20
   05/23/07  Senate Introduced and read first time SJ-46
   05/23/07  Senate Referred to Committee on Medical Affairs SJ-46
   02/27/08  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-12
   02/28/08  Senate Committee Amendment Adopted SJ-11
   02/28/08  Senate Read second time SJ-11
   03/05/08  Senate Read third time and returned to House with
                     amendments SJ-19
   03/06/08  House  Concurred in Senate amendment and enrolled HJ-29
   03/27/08         Ratified R 217
   04/02/08         Vetoed by Governor
   04/09/08  House   Veto sustained Yeas-62  Nays-48 HJ-37
   04/09/08  House  Motion noted- Rep. Agnew moved to reconsider the
                     vote whereby the veto was sustained HJ-95
   04/10/08  House  Reconsidered HJ-41
   04/10/08  House  Roll call Yeas-68  Nays-42 HJ-41
   04/10/08  House  Veto sustained Yeas-67  Nays-39 HJ-43

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R217, H3632)

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 AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S NAME AND TITLE.

Be it enacted by the General Assembly of the State of South Carolina:

Criminal records checks

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."

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 name and title as officially licensed."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 27th day of March, 2008.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2008.

___________________________________________

Governor