H*3817(Rat #0459, Act #0337 of 2002)  General Bill, By J. Brown, Bales, Hayes, 
Limehouse, Mack and Rhoad

Similar(S 977)
 A BILL TO AMEND SECTION 40-33-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS
 TO DEFINE "ATTENDANT CARE SERVICES", HEALTH MAINTENANCE ACTIVITIES", AND
 "INDIVIDUAL IN NEED OF IN-HOME CARE"; AND TO AMEND SECTION 40-33-50, RELATING
 TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT
 THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT A PERSON NOT LICENSED UNDER THIS
 CHAPTER FROM PROVIDING ATTENDANT CARE SERVICES TO AN INDIVIDUAL IN NEED OF
 IN-HOME CARE OR FROM PERFORMING ACTS WHICH A PERSON WOULD NORMALLY PERFORM IF
 ABLE TO DO SO.-amended title

   03/27/01  House  Introduced and read first time HJ-72
   03/27/01  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-72
   05/16/01  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-12
   05/17/01  House  Read second time HJ-11
   05/17/01  House  Unanimous consent for third reading on next
                     legislative day HJ-13
   05/18/01  House  Read third time and sent to Senate HJ-3
   05/22/01  Senate Introduced and read first time SJ-18
   05/22/01  Senate Referred to Committee on Medical Affairs SJ-18
   05/22/02  Senate Committee report: Favorable Medical Affairs SJ-20
   05/23/02  Senate Amended SJ-65
   05/23/02  Senate Read second time SJ-65
   06/05/02  Senate Read third time and returned to House with
                     amendments SJ-28
   06/06/02  House  Concurred in Senate amendment and enrolled HJ-22
   06/06/02         Ratified R 459
   07/01/02         Signed By Governor
   07/16/02         Effective date 07/01/02
   07/16/02         Copies available
   07/25/02         Act No. 337

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-980 SO AS TO AUTHORIZE LICENSED NURSES TO TRAIN AND SUPERVISE SELECTED UNLICENSED PERSONS TO PROVIDE ORAL AND TOPICAL MEDICATIONS, REGULARLY SCHEDULED INSULIN, AND PRESCRIBED ANAPHYLACTIC TREATMENTS IN COMMUNITY RESIDENTIAL CARE FACILITIES'; TO AMEND SECTION 40-33-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO DEFINE "ATTENDANT CARE SERVICES", "HEALTH MAINTENANCE ACTIVITIES", AND "INDIVIDUAL IN NEED OF IN-HOME CARE"; AND TO AMEND SECTION 40-33-50, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT A PERSON NOT LICENSED UNDER THIS CHAPTER FROM PROVIDING ATTENDANT CARE SERVICES TO AN INDIVIDUAL IN NEED OF IN-HOME CARE OR FROM PERFORMING ACTS WHICH A PERSON WOULD NORMALLY PERFORM IF ABLE TO DO SO.

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

Trained, supervised unlicensed persons authorized to give medications in community residential care facilities

SECTION 1. The 1976 Code is amended by adding:

"Section 40-33-980. 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."

Definitions added; activities chapter may not prohibit

SECTION 2. A. Section 40-33-10 of the 1976 Code is amended by adding appropriately lettered items at the end to read:

"( ) '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.

( ) '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.

( ) '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.

( ) '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.

( ) '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."

B. Section 40-33-50 of the 1976 Code is amended to read:

"Section 40-33-50. 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."

Time effective

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

Ratified the 6th day of June, 2002.

Approved the 1st day of July, 2002.