H*5012(Rat #0398, Act #0345 of 2008)  General Bill, By Chalk
 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. - ratified
 title

   04/10/08  House  Introduced and read first time HJ-19
   04/10/08  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-19
   04/15/08  House  Recalled from Committee on Medical, Military,
                     Public and Municipal Affairs HJ-51
   04/16/08  House  Read second time HJ-20
   04/16/08         Scrivener's error corrected
   04/17/08  House  Read third time and sent to Senate HJ-35
   04/17/08  Senate Introduced and read first time SJ-9
   04/17/08  Senate Referred to Committee on Medical Affairs SJ-9
   05/14/08  Senate Committee report: Favorable Medical Affairs SJ-13
   05/15/08  Senate Read second time SJ-13
   05/28/08  Senate Amended SJ-93
   06/03/08  Senate Read third time and returned to House with
                     amendments SJ-22
   06/04/08  House  Concurred in Senate amendment and enrolled HJ-33
   06/05/08         Ratified R 398
   06/11/08         Vetoed by Governor
   06/25/08  House  Veto overridden by originating body Yeas-83  Nays-21
   06/25/08  Senate Veto overridden Yeas-43  Nays-0
   06/30/08         Copies available
   06/30/08         Effective date 06/25/08
   07/11/08         Act No. 345

(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.