H*4334(Rat #0381, Act #0304 of 2008)  General Bill, By J.M. Neal, Harrell, 
Clyburn, Haskins, Hosey, Cotty, Toole, Mahaffey, Moss, Mulvaney and Knight
 AN ACT TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO REQUIREMENTS TO BE CERTIFIED AS AN EMERGENCY MEDICAL
 TECHNICIAN, SO AS TO ALSO REQUIRE AN APPLICANT TO UNDERGO A CRIMINAL RECORDS
 CHECK FOR CERTIFICATION AND FOR RENEWAL OF CERTIFICATION. - ratified title

   12/05/07  House  Prefiled
   12/05/07  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs
   01/08/08  House  Introduced and read first time HJ-36
   01/08/08  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-36
   01/10/08  House  Member(s) request name added as sponsor: Mahaffey
   02/27/08  House  Member(s) request name added as sponsor: Moss
   02/27/08  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-9
   02/28/08  House  Member(s) request name added as sponsor: Mulvaney
   02/28/08         Scrivener's error corrected
   03/04/08  House  Member(s) request name added as sponsor: Knight
   03/04/08  House  Debate interrupted HJ-60
   03/04/08  House  Read second time HJ-63
   03/05/08  House  Read third time and sent to Senate HJ-12
   03/05/08  Senate Introduced and read first time SJ-8
   03/05/08  Senate Referred to Committee on Medical Affairs SJ-8
   05/14/08  Senate Committee report: Favorable Medical Affairs SJ-10
   05/15/08  Senate Amended SJ-13
   05/15/08  Senate Read second time SJ-13
   05/15/08  Senate Unanimous consent for third reading on next
                     legislative day SJ-13
   05/16/08  Senate Returned to House with amendments SJ-3
   05/27/08  House  Debate adjourned on Senate amendments until
                     Wednesday, May 28, 2008 HJ-37
   05/28/08  House  Debate adjourned on amendments HJ-185
   05/29/08  House  Non-concurrence in Senate amendment HJ-24
   06/03/08  Senate  Recede in Senate Amendment SJ-18
   06/03/08  House  Ordered enrolled for ratification HJ-18
   06/05/08         Ratified R 381
   06/11/08         Signed By Governor
   06/19/08         Copies available
   06/19/08         Effective date 07/01/08
   06/19/08         Act No. 304

(A304, R381, H4334)

AN ACT TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO BE CERTIFIED AS AN EMERGENCY MEDICAL TECHNICIAN, SO AS TO ALSO REQUIRE AN APPLICANT TO UNDERGO A CRIMINAL RECORDS CHECK FOR CERTIFICATION AND FOR RENEWAL OF CERTIFICATION.

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

Criminal records check required for EMT certification

SECTION    1.    Section 44-61-80(d) and (e) of the 1976 Code, as last amended by Act 271 of 2004, is further amended to read:

"(d)    A person seeking EMT certification or recertification must undergo a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division (SLED), and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation (FBI). The results of these criminal records checks must be reported to the department. SLED is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. The cost of the state criminal records check must not exceed eight dollars and must be paid to the department by the EMT or the EMS agency upon application for the state check. The cost of the national records check is established by the FBI and must be paid to the department by the EMT or the EMS agency upon application for the national check. The state and national criminal records checks are not required for an EMT employed as of July 1, 2008, until the EMT applies for recertification. The department may deny certification to applicants with certain past felony convictions and to those who are under felony indictment. Applications for certification of individuals convicted of or under indictment for the following crimes will be denied in all cases:

(1)    felonies involving criminal sexual conduct;

(2)    felonies involving the physical or sexual abuse of children, the elderly, or the infirm including, but not limited to, criminal sexual misconduct with a child, making or distributing child pornography or using a child in a sexual display, incest involving a child, or assault on a vulnerable adult;

(3) a crime in which the victim is a patient or resident of a health care facility, including abuse, neglect, theft from, or financial exploitation of a person entrusted to the care or protection of the applicant.

Applications from individuals convicted of, or under indictment for, other offenses not listed above will be reviewed by the department on a case by case basis.

(e)    EMT certification is valid for a period not exceeding three years from the date of issuance and must be renewed by undergoing a state and national criminal records check as provided for in subsection (d) and completing a refresher course and examination during the three-year certification period as required by the department and provided for by this article. Upon successful completion of an approved in-service training program directed by the medical control physician during the three-year certification period and passage of the skills evaluation as provided for by the department, the refresher course requirements and the practical skills evaluation may be waived. Failure to pass the written examination after three attempts will require completion of another refresher course and reexamination. The curriculum for in-service training programs required in this subsection must include, but not be limited to, subject matter prescribed by the department. The in-service training programs shall consist of classroom and skills phases that may be conducted at licensed services, educational facilities, or hospitals throughout the State. The medical control physician who evaluates the skills of an emergency medical technician applying for certificate renewal also may grant a waiver of taking the written exam. The waiver must certify that the emergency medical technician is knowledgeable, proficient, and capable of performing the duties of an emergency medical technician. The accomplished waiver substitutes for the written exam, but all others are required to take the prescribed written exam before renewal. Those who are nationally registered may exempt the state practical and written exam upon submission of appropriate documentation."

Time effective

SECTION    2.    This act takes effect July 1, 2008.

Ratified the 5th day of June, 2008.

Approved the 11th day of June, 2008.