Current Status Introducing Body:Senate Bill Number:1197 Primary Sponsor:McGill Committee Number:13 Type of Legislation:GB Subject:Registered nurses, home therapy services Residing Body:Senate Current Committee:Medical Affairs Computer Document Number:CYY/15732AC.94 Introduced Date:19940217 Last History Body:Senate Last History Date:19940217 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McGill Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
1197 Senate 19940217 Introduced, read first time, 13
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 40-33-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE PROVIDED BY REGISTERED NURSES, SO AS TO AUTHORIZE REGISTERED NURSES TO PROVIDE HOME THERAPY SERVICES AND TO PROVIDE THAT DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL POLICIES AUTHORIZING NURSES TO PROVIDE HEALTH CARE UNDER CERTAIN CONDITIONS ARE SUBORDINATE TO MEDICAL, PHARMACY, AND NURSING LICENSING STATUTES; AND TO AMEND CHAPTER 69, TITLE 44, RELATING TO THE LICENSURE OF HOME HEALTH AGENCIES, SO AS TO ALSO PROVIDE FOR THE LICENSURE AND REGULATION OF HOME THERAPY AGENCIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-33-30 of the 1976 Code is amended to read:
"Section 40-33-30. (A) The South Carolina Department of Health and Environmental Control may establish policies whereby duly authorizing registered nurses may to provide such health care, under the direction of a physician licensed to practice medicine in South Carolina and under the guidance of a registered pharmacist, as the including dispensing of drugs for the treatment of tuberculosis and venereal disease, maternal and infant care, crippled children, family planning, immunization, home therapy services as defined in Section 44-69-20, and health care related to any other public health program now existing, or approved by the South Carolina Medical Association. The original diagnosis and treatment as prescribed by the physician shall must be maintained on the individual patient's records.
(B) The policies established by the department pursuant to subsection (A) are subordinate to professional licensing statutes relating to the practice of medicine, pharmacy, or nursing under this title."
SECTION 2. Chapter 69, Title 44 of the 1976 Code is amended to read:
Section 44-69-10. This chapter may be cited as the `Licensure of Home Health and Home Therapy Agencies Act'.
Section 44-69-20. As used in this chapter:
(1) `Board' shall mean means the South Carolina Board of Health and Environmental Control.
(2) `Branch office' shall mean means a location or site from which a home health agency provides services within a portion of the total geographic area served by the parent agency. The branch office is part of the home health agency and is located sufficiently close to share administration, supervision, and services in a manner that renders it unnecessary for the branch independently to meet the conditions of participation as a home health agency.
(3) `Department' shall mean means South Carolina Department of Health and Environmental Control.
(4) `Home health agency' shall mean means public, nonprofit, or proprietary organization, whether owned or operated by one or more persons or legal entities, which furnishes or offers to furnish home health services.
(5) `Home health services' shall mean means those items and services furnished to an individual by a home health agency, or by others under arrangement with the home health agency, on a visiting basis, and except for subsection item `e' below, in a place of temporary or permanent residence used as the individual's home as follows:
(a) part-time or intermittent skilled nursing care as ordered by a physician and provided by or under the supervision of a registered nurse; and
(b) at least one other service listed below; of the following:
(b)(i) physical, occupational, or speech therapy;
(c)(ii) medical social services, home health aide services, and other therapeutic services;
(d)(iii) medical supplies and the use of medical appliances;
(e)(iv) any of the foregoing items and services contained in subitems (i), (ii), or (iii), which are provided on an outpatient basis under arrangements made by the home health agency with a hospital, nursing care facility, or rehabilitation center and the furnishing of which involves the use of equipment of such a nature that the items and services cannot be readily made available to the individual in his the individual's home, or which are furnished at such the facility while the patient is there to receive such the items or service, but not including transportation of the individual in connection with any such these items or services.
(6) `License' shall mean means a license issued by the department.
(7) `Licensee' shall mean means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the home health agency or home therapy agency.
(8) `Parent Home Health Agency' shall mean means the agency that develops and maintains administrative controls of subunits or branch offices.
(9) `Physician' shall mean means an individual currently licensed to practice medicine, surgery, or osteopathy in this State.
(10) `Registered nurse' shall mean means an individual who is currently licensed as such a registered nurse in this State.
(11) `Subunit' shall mean means a semiautonomous organization, which serves patients in a geographic area different from that of the parent agency. The subunit by virtue of the distance between it and the parent agency is judged incapable of sharing administration, supervision, and services on a daily basis with the parent agency and must, therefore, independently meet the conditions of participation for home health agencies.
(12) `Home Therapy Agency' means a person, partnership, association, corporation, or other organization, whether public or private, proprietary, or nonprofit which furnishes or offers to furnish home therapy services as defined in Section 44-69-20(13). `Home therapy agency' does not include home health agencies licensed pursuant to this chapter or hospices licensed pursuant to Chapter 71 of Title 44.
(13) `Home Therapy Services' means the providing or coordinating of acute, restorative, rehabilitative, maintenance, preventive, or health promotion services through:
(a) preparation by a licensed pharmacist of intravenous therapies, therapeutic drugs, and parenteral products;
(b) administration of intravenous therapies, therapeutic drugs, and parenteral products as ordered by a licensed physician; and
(c) performance of specialized skilled nursing services ancillary or necessary to the administration of intravenous therapies, therapeutic drugs, and parenteral products in the home as ordered by a licensed physician.
Section 44-69-30. No person, private or public organization, political subdivision, or other governmental agency shall establish, conduct, or maintain a home health agency or home therapy agency or represent itself as providing home health or home therapy services without first obtaining a license from the Department of Health and Environmental Control. This license is effective for a twelve-month period twelve months following the date of issue. A license issued under this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this act chapter. Subunits of parent home health agencies must be separately licensed. The annual license fee per county issued under this section may not exceed five hundred dollars.
Section 44-69-40. A person desiring to obtain a license shall file with the department an application on a form prescribed, prepared, and furnished by the department.
Section 44-69-50. Reasonable fees shall must be established by the board in regulation. Such These fees shall must be paid into the State Treasury or refunded to the applicant if the license is denied. Governmental home health agencies are exempt from payment of license fees.
Section 44-69-60. (A) The department shall promulgate regulations which define standards for the care, treatment, health, safety, welfare, and comfort of patients served by home health agencies or home therapy agencies and for the maintenance and operation of home health agencies or home therapy agencies which will promote safe and adequate care and treatment of the patients. These regulations shall include, but not be limited to, provisions for the geographical area to be served, giving consideration to underserved areas, provisions requiring the agency to have policies established by a professional group, including at least one physician and one registered nurse; provisions governing the services the agency provides; provisions for the supervision of services by a physician or registered nurse as appropriate and maintenance of clinical records on all patients, including a plan of treatment prescribed by a physician. The Department is authorized to issue, deny, suspend or revoke licenses in accordance with regulations promulgated pursuant to this section. Such regulations shall also include hearing procedures related to denial, suspension, or revocation of licenses.
(B) Regulations for home health agencies and home therapy agencies shall include, but are not limited to provisions:
(1) for the geographical area to be served, giving consideration to underserved areas;
(2) requiring the agency to have policies established by a professional group, including at least one physician and one registered nurse;
(3) governing the services the agency provides;
(4) for the supervision of services by a physician or registered nurse as appropriate and maintenance of clinical records on all patients, including a plan of treatment prescribed by a physician.
(C) The department may issue, deny, suspend, or revoke licenses in accordance with regulations promulgated pursuant to this section. Hearing procedures and appeals related to denial, suspension, or revocation of licenses must be in accordance with the Administrative Procedures Act.
Section 44-69-70. Each A home health agency or a home therapy agency for which a license has been issued shall must be inspected by an authorized representative of the department at least once a year. Such These inspections shall be are for the purpose of ensuring that the provisions of compliance with this chapter are being followed. The department is directed to ensure by inspection that the licensee is providing quality care to its patients in accordance with the orders of the patient's physician.
Section 44-69-75. All home health agencies shall obtain a certificate of need prior to before licensure. Procedures for applying for such a certificate shall must be in accordance with the provisions of the `State Hospital Construction and Franchising Certification of Need and Health Facility Licensure Act'. No such certificate shall may be required for those home health agencies providing home health services prior to before July 1, 1980.
Section 44-69-80. Home health agencies shall and home therapy agencies may not discriminate based on age, sex, race, color, or source of payment in the recruitment, or location of patient, patients or in the acceptance or provision of goods and services to patients or potential patients, provided that payment offered is not less than the cost of providing services.
Section 44-69-90. Home health agencies shall and home therapy agencies may not participate in, or offer, or imply an offer to participate in the practice known generally as rebate, kickbacks, or fee-splitting arrangements.
Section 44-69-100. Any A person who violates the provisions a provision of this chapter shall be deemed is guilty of a misdemeanor, and upon conviction shall must be fined not to exceed more than five hundred dollars or imprisoned for a period not to exceed more than six months, or both."
SECTION 3. This act takes effect upon approval by the Governor.