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R417, H4455
STATUS INFORMATION
General Bill
Sponsors: Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham
Document Path: l:\council\bills\nbd\11949ac04.doc
Companion/Similar bill(s): 681
Introduced in the House on January 13, 2004
Introduced in the Senate on February 12, 2004
Last Amended on May 27, 2004
Passed by the General Assembly on June 2, 2004
Governor's Action: December 6, 2004, Vetoed
Legislative veto action(s): Veto sustained
Summary: Pharmacies and prescriptions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
12/10/2003 House Prefiled
12/10/2003 House Referred to Committee on Medical, Military, Public and
Municipal Affairs
1/13/2004 House Introduced and read first time
1/13/2004 House Referred to Committee on Medical, Military, Public and
Municipal Affairs
1/29/2004 House Member(s) request name added as sponsor: Toole
2/4/2004 House Member(s) request name added as sponsor: Ceips,
Herbkersman, Gilham
2/4/2004 House Committee report: Favorable Medical, Military, Public
and Municipal Affairs HJ-5
2/11/2004 House Read second time HJ-20
2/12/2004 House Read third time and sent to Senate HJ-14
2/12/2004 Senate Introduced and read first time SJ-9
2/12/2004 Senate Referred to Committee on Medical Affairs SJ-9
5/18/2004 Senate Polled out of committee Medical Affairs SJ-15
5/18/2004 Senate Committee report: Favorable Medical Affairs SJ-15
5/19/2004 Senate Amended SJ-51
5/19/2004 Senate Read second time SJ-51
5/19/2004 Senate Ordered to third reading with notice of amendments SJ-51
5/20/2004 Scrivener's error corrected
5/27/2004 Senate Amended SJ-196
5/27/2004 Senate Read third time and returned to House with amendments
SJ-196
6/1/2004 Scrivener's error corrected
6/2/2004 House Debate adjourned HJ-15
6/2/2004 House Concurred in Senate amendment and enrolled HJ-92
6/3/2004 Ratified R 417
12/6/2004 Vetoed by Governor
1/12/2005 House Veto sustained Yeas-1 Nays-112 HJ-39
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/10/2003
2/4/2004
5/18/2004
5/19/2004
5/20/2004
5/27/2004
6/1/2004
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.
(R417, H4455)
AN ACT TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS; TO AMEND CHAPTER 47, TITLE 40 BY ADDING ARTICLE 10 SO AS TO REQUIRE CARDIOVASCULAR INVASIVE SPECIALISTS TO REGISTER WITH THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, WHICH MUST INCLUDE HOLDING A CURRENT REGISTRATION WITH CARDIOVASCULAR CREDENTIALING INTERNATIONAL, TO ESTABLISH PARAMETERS FOR THE SCOPE OF PRACTICE FOR SUCH SPECIALISTS, TO PROHIBIT SUCH SPECIALISTS FROM PRESCRIBING DRUGS, TO REQUIRE THESE SPECIALISTS TO PRACTICE ONLY UNDER THE SUPERVISION OF A CARDIOLOGIST, TO AUTHORIZE SANCTIONS FOR UNAUTHORIZED PRACTICE AND OTHER PRACTICE VIOLATIONS, AND TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS ARTICLE; TO ADD SECTION 40-13-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING REGISTRATION AND RENEWAL FEES, A SIXTY HOUR DEPARTMENT OF LABOR, LICENSING AND REGULATION APPROVED HAIR BRAIDING COURSE, AND PASSAGE OF AN EXAMINATION ADMINISTERED BY THE DEPARTMENT, AND TO PROVIDE THAT AN INDIVIDUAL CURRENTLY ENGAGED IN HAIR BRAIDING HAS ONE YEAR TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION; AND TO AMEND SECTION 40-13-20, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF COSMETOLOGISTS, SO AS TO DEFINE "HAIR BRAIDING".
Be it enacted by the General Assembly of the State of South Carolina:
Transfer of prescription refills
SECTION 1. Section 40-43-86(G) of the 1976 Code is amended to read:
"(G)(1) The transfer of original prescription information for the purpose of dispensing refills is permissible between licensed or permitted pharmacies subject to these requirements:
(a) The transfer must be communicated directly between two pharmacists and not by one pharmacist accessing an information file containing data for several locations, unless all locations accessed are under common ownership or accessed pursuant to contractual agreement of the pharmacies.
(b) The transferring pharmacist shall void any remaining refills and so mark the face of the prescription retained by the transferring pharmacist or record information electronically.
(c) The transferring pharmacist shall record the name and address of the pharmacy to which the prescription was transferred and the name of the pharmacist receiving the prescription information on the reverse side of the transferred prescription or record information electronically.
(2) The transferring pharmacist shall record the date of the transfer and the name of the pharmacist transferring the information or record this information electronically.
(3) The transferring pharmacist shall record on the prescription transferred or record information electronically that the receiving pharmacist is authorized to dispense all remaining refills based on the original prescription, if such is the case.
(4) The pharmacist receiving the transferred prescription information shall record in writing or electronically the following:
(a) the word 'transfer' on the face of the transferred prescription;
(b) any information required to be on a prescription, including:
(i) the date of issuance of the original prescription;
(ii) the date and time of transfer;
(iii) the pharmacy's name, address, and original prescription number from which the prescription information was transferred;
(c) the name of the transferring pharmacist;
(d) the manufacturer or brand name of drug dispensed; and
(e) documentation that the receiving pharmacist shall dispense refills based on the transferring pharmacist's certification under subsection (G)(3).
(5) The requirements of this section may be facilitated by use of a computer, data, or facsimile.
(6) All records pertinent to this section must be readily available.
(7) Both the original and transferred prescription drug order must be maintained for a period of two years from the date of last refill.
(8) The transfer must be in compliance with current state and federal laws on controlled substances.
(9) The transfer of prescription information for the purpose of dispensing authorized refills is permissible between pharmacies where all pharmacies are under common ownership and access prescription information through a common computerized data system, subject to subsection (G)(1)(c), (G)(2), (G)(5), (G)(6), (G)(7), and (G)(8)."
Registration and regulation of cardiovascular invasive specialists
SECTION 2. A. The General Assembly recognizes that the practice of cardiovascular invasive specialists is potentially harmful to the public in that the public does not have an adequate method to verify the qualifications of those persons who hold themselves out as qualified to practice.
B. Chapter 47, Title 40 of the 1976 Code is amended by adding:
Section 40-47-1510. This article may be cited as the 'South Carolina Registered Cardiovascular Invasive Specialist Act'.
Section 40-47-1520. As used in this article:
(1) 'Cardiologist' means a physician who has successfully completed an approved cardiology training program including, but not limited to, a program approved by the Accreditation Committee on Graduate Medical Education, or its equivalent or successor.
(2) 'Cardiovascular invasive specialist' means a cardiovascular invasive specialist who is currently registered by Cardiovascular Credentialing International, has graduated from an accredited program of Cardiovascular Invasive Technology and who working under the direct supervision of a cardiologist performs procedures on patients resulting in accurate diagnosis and/or optimal treatment of congenital or acquired heart disease.
(3) 'Supervising cardiologist' means a South Carolina licensed physician currently possessing an active, unrestricted license to practice medicine in South Carolina who practices in the medical specialty of cardiology and has successfully completed a residency in cardiology, approved by the Accreditation Committee on Graduate Medical Education, or its equivalent or successor.
(4) 'Supervision' means medically directing and accepting responsibility for the cardiac services rendered by a registered cardiovascular invasive specialist in a manner provided for in law and the adopted protocol of the licensed facility. The supervising cardiologist must be in the facility and in the operative area such that he can be immediately available to participate directly in the care of the patient with whom the invasive cardiovascular specialist and the cardiologist are jointly involved.
Section 40-47-1530. A person may not wilfully practice or offer to practice as a cardiovascular invasive specialist unless that person is registered by the department. A person who uses the title cardiovascular specialist in any advertisement, business card or letterhead, or billing document or who makes another verbal or written communication indicating that the person is a cardiovascular specialist or who acquiesces in that representation violates this section.
Section 40-47-1540. To be registered by the department as a cardiovascular invasive specialist, a person must:
(1) apply in writing to the department on a form available from the department;
(2) successfully complete an approved cardiology training program including, but not limited to, a program approved by the Accreditation Committee of Graduate Medical Education, or its equivalent or successor approved by the South Carolina Board of Medical Examiners;
(3) provide satisfactory evidence of current registration with Cardiovascular Credentialing International;
(4) provide satisfactory evidence that the applicant's practice protocol is in place, signed by each supervising cardiologist and by an appropriate representative of each licensed facility where practice is anticipated;
(5) pay a fee established by the department.
Section 40-47-1550. (A) Registration by the department as a cardiovascular invasive specialist must be renewed every two years. To renew a registration, a person shall:
(1) submit a complete application in writing;
(2) demonstrate continued competency including current registration with Cardiovascular Credentialing International and other requirements as provided by this article or regulation;
(3) pay a fee established by the department.
(B) A registration by the department as a cardiovascular invasive specialist automatically lapses if the registered person fails to make a timely and complete application for renewal or if the registered person fails to maintain current registration with Cardiovascular Credentialing International or another organization approved by the board.
Section 40-47-1560. (A) Cardiovascular invasive specialists may perform medical tasks and services within the framework of a facility's written practice protocol developed for the cardiovascular invasive specialist. Within this practice protocol the registered cardiovascular invasive specialist, under the supervision of a cardiologist may engage in these functions and duties: (1) perform baseline patient assessment;
(2) evaluate patient response to diagnostic or interventional maneuvers and medications during cardiac catheterization laboratory procedures;
(3) provide patient care and drug administration commonly used in the cardiac catheterization laboratory under the direction of a qualified physician and subject to the oversight of the facility;
(4) act as the first assistant during diagnostic and therapeutic catheterization procedures; and
(5) assist in advanced cardiac life support procedures.
(B) A cardiovascular invasive specialist shall practice only under the supervision of a physician who is actively and directly engaged in the clinical practice of medicine as a cardiologist.
(C) A cardiovascular invasive specialist practicing at all sites shall practice pursuant to written scope of the facility's practice protocols signed by all supervising cardiologists and the cardiovascular invasive specialists. Copies of the protocols must be on file at all practice sites. The protocols shall include at a minimum the:
(1) name, license number, and practice addresses of the supervising cardiologists;
(2) name and practice address of the cardiovascular invasive specialists;
(3) date the protocol was developed and dates it was reviewed or amended;
(4) situations that require direct evaluation by or immediate referral to a cardiologist.
Section 40-47-1570. (A) The department is responsible for all administrative activities of the registration program. The department shall employ and supervise personnel necessary to effectuate the provision of this article and shall establish fees sufficient, but not excessive, to cover expenses including direct and indirect costs to the State for the operations of this registration program. Fees must be adjusted as required by Title 40, Chapter 1.
(B) The department shall maintain a registry of all applications for registration and of all persons holding registration and shall make the roster of registered cardiovascular invasive specialists available on the department web site.
(C) The Board of Medical Examiners may promulgate regulations as necessary to effectuate this chapter.
Section 40-47-1580. If the department has reason to believe that a person registered pursuant to this article has become unfit to practice as a registered cardiovascular invasive specialist or if a complaint is filed with the department charging the registered person with the violation of a provision of this article or if a complaint is filed with the department alleging that an unregistered person is fraudulently holding himself or herself out as registered, the department shall institute an investigation in accordance with the procedures of Chapter 40, Title 1 and this article.
Section 40-47-1590. (A) If, after investigation, it appears that the person registered pursuant to this article has become unfit to practice or has violated this article, the department shall file a petition with the Administrative Law Judge Division, stating the facts and the particular statutes and regulations at issue.
(B) The Administrative Law Judge Division, after opportunity for hearing, may order that the registration be revoked, suspended, or otherwise disciplined in accordance with Section 40-1-120 on the grounds that the registrant:
(1) used a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act or omitted a material fact in obtaining registration pursuant to this article;
(2) has had an authorization to practice a regulated profession or occupation in another state or jurisdiction canceled, revoked, or suspended, or has otherwise been disciplined by another jurisdiction;
(3) has lost or let lapse an underlying credential that served as the basis of registration;
(4) has intentionally used a false or fraudulent statement in a document connected with the practice of a registered cardiovascular invasive specialist;
(5) has obtained fees or assisted in obtaining fees under fraudulent circumstances; or
(6) has sustained a physical or mental disability or uses alcohol or drugs to such a degree as to render further practice as a registered cardiovascular invasive specialist dangerous to the public.
Section 40-47-1600. (A) A cardiovascular invasive specialist may not:
(1) perform a task which has not been listed and approved on the scope of the practice protocol currently on file with the facility;
(2) prescribe drugs, medications, or devices of any kind.
(B) A cardiovascular invasive specialist must clearly identify himself or herself to ensure that the cardiovascular invasive specialist is not mistaken or misrepresented as a physician. A cardiovascular invasive specialist must wear a clearly legible identification badge or other adornment at least one inch by three inches in size bearing the cardiovascular invasive specialist's name and the words 'Registered Cardiovascular Invasive Specialist'. Patients in facilities utilizing cardiovascular invasive specialists must be informed when a cardiovascular invasive specialist will be involved in their cardiac care.
Section 40-47-1610. (A) The Administrative Law Judge Division, after opportunity for hearing, may order injunctive relief against a person who, without possessing a valid certificate pursuant to this article, uses the title or term registered cardiovascular invasive specialist. For each violation the administrative law judge may impose a fine of no more than ten thousand dollars.
(B) A person who is not registered as required by this article may not bring an action either at law or in equity to enforce the provisions of a contract for providing services as a registered cardiovascular invasive specialist.
Section 40-47-1620. The Department of Labor, Licensing and Regulation shall promulgate regulations necessary to insure implementation of the provisions of this article."
Registration and regulation of persons practicing hair braiding
SECTION 3. Chapter 13, Title 40 of the 1976 Code is amended by adding:
"Section 40-13-255. (A) Only those individuals who are licensed to practice cosmetology or who are registered to practice hair braiding in this State may engage in the practice of hair braiding or perform hair braiding services in this State.
(B) Unless hair braiding is performed in a licensed cosmetology school, beauty salon, or a licensed barbershop, all implements used in connection with the hair braiding must be disposable or must be sanitized in a disinfectant approved for hospital use or approved by the Environmental Protection Agency.
(C) To practice hair braiding in this State, an individual shall:
(1) apply to the department for registration in a manner prescribed by the department;
(2) provide satisfactory proof of successful completion of a sixty-hour department-approved hair braiding course;
(3) pass an examination administered by the department; and
(4) pay a twenty-five dollar registration fee.
(D) The hair braiding instruction course shall consist of:
(1) twenty hours of instruction regarding sanitation and sterilization including:
(a) universal sanitation and sterilization precautions;
(b) how to distinguish between disinfectants and antiseptics;
(c) how to sanitize hands and disinfect tools used in the practice of hair braiding;
(2) thirty-five hours of instruction regarding disorders and diseases of the scalp, including:
(a) disorders and diseases of the scalp and how to distinguish between them;
(b) when hair braiding services can be performed on a client with disorders or diseases of the scalp;
(3) five hours of instruction regarding state law and regulations which pertain to the practice of hair braiding, including:
(a) the state laws and regulations promulgated by the board that:
(i) protect the health, safety, and welfare of the consumer;
(ii) determine where and when an individual may legally practice hair braiding;
(iii) specify prohibited conduct and the penalties for such conduct and for failure to follow state law and regulations;
(b) the composition of the Board of Cosmetology, how its members are appointed, and their powers and duties;
(c) the organizational structure of the Department of Labor, Licensing and Regulation and its responsibilities as they relate to hair braiding; and
(d) the procedures, fees, and requirements for renewal of a hair braiding registration.
(E) Registration to practice hair braiding is valid for two years or until the end of the biennial licensure renewal cycle in which the registration is first issued, whichever occurs first. The holder of a registration to practice hair braiding shall renew his or her registration by paying the renewal fee and furnishing proof to the department that he or she has completed eight hours of continuing education approved and administered by the department.
(F) An individual currently engaging in the practice of hair braiding on the effective date of this section has one year from the effective date to complete the licensing requirements as provided in this section."
Hair braiding defined
SECTION 4. Section 40-13-20 of the 1976 Code, as last amended by Act 222 of 2000 is further amended by adding:
"(11) 'Hair braiding' means the weaving or interweaving of natural human hair for compensation without cutting, coloring, permanent waving, relaxing, removing, or chemical treatment and does not include the use of hair extensions or wefts."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Ratified the 3rd day of June, 2004.
__________________________________________
President of the Senate
___________________________________________
Speaker of the House of Representatives
Approved the ____________ day of _____________________2004.
___________________________________________
Governor
This web page was last updated on Wednesday, December 9, 2009 at 10:14 A.M.