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COMMITTEE AMENDMENT ADOPTED
March 28, 2002
S. 977
Introduced by Senators Giese, J. Verne Smith, Land, Short, Drummond, Fair, Mescher, Leatherman, Verdin, Ritchie and Branton
S. Printed 3/28/02--S. [SEC 4/2/02 4:24 PM]
Read the first time February 5, 2002.
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" 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 WHICH ENABLE A PERSON TO REMAIN AT HOME RATHER THAN IN AN INSTITUTION AND WHICH INCLUDES HOMEMAKER AND COMPANION SERVICES AND CERTAIN HEALTH MAINTENANCE ACTIVITIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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."
SECTION 2. Section 40-33-50 of the 1976 Code is amended to read:
"Section 40-33-50. No provision of this chapter shall may be construed to prohibit:
(1) As prohibiting gratuitous nursing by friends or members of the family;
(2) As prohibiting 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) As prohibiting nursing assistance in case of an emergency;
(4) As prohibiting 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) As prohibiting the practice of nursing in this State by any 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 such engagement, not to exceed six months in length, provided such a person does not represent or hold himself out as a nurse licensed to practice in this State;
(6) As prohibiting the practice of any a legally qualified nurse of another state who is employed by the United States Government or any a bureau, division or agency thereof, while in the discharge of his official duties;
(7) As prohibiting 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 such midwives confine such nursing care to maternity patients only and do not claim to be licensed practical nurses.;
(8) As prohibiting 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;
(10) performance of an act which a person would normally perform if the person were physically and cognitively able."
SECTION 3. This act takes effect upon approval by the Governor.
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