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Sponsors: Rep. Kirsh
Document Path: l:\council\bills\nbd\11009ac05.doc
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: Providing feeding and hydration services to nursing home patients
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/8/2004 House Prefiled 12/8/2004 House Referred to Committee on Medical, Military, Public and Municipal Affairs 1/11/2005 House Introduced and read first time HJ-67 1/11/2005 House Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-67
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VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-67 SO AS TO AUTHORIZE A PATIENT ASSISTANT TO PROVIDE FEEDING AND HYDRATION SERVICES TO PATIENTS IN NURSING HOMES UNDER THE ONSITE SUPERVISION OF A LICENSED HEALTHCARE PROFESSIONAL IF THE ASSISTANT HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM AND COMPETENCY EVALUATION CONDUCTED BY THE NURSING HOME.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-67. (A) Notwithstanding any other provision of law, a patient assistant in a nursing home may provide feeding and hydration services to nursing home patients under the onsite supervision of a licensed healthcare professional if the patient assistant has successfully completed a training program and competency evaluation conducted by the nursing home and successfully passes subsequent periodic competency evaluations.
(B) For the purposes of this section:
(1) 'patient assistant' means an employee of a nursing home who does not meet nurse's aide training requirements as defined in federal law;
(2) 'onsite supervision' means a licensed healthcare professional is in the unit or on the floor where services are being provided and is readily available to provide assistance if necessary.
(C) A patient assistant may augment, but not replace, existing staff of a nursing home and may not be counted toward meeting or complying with any state or federal requirements for nursing care staff, including any minimum nursing staff requirements.
(D) The nursing home shall determine which patients are appropriate for receiving food and hydration services from a patient assistant based upon the needs of and potential risks to the patient, as observed and documented in the patient's written plan of care and the comprehensive assessment of the patient's functional capacity, as required by federal law.
(E) The training program for patient assistants which must be conducted by the nursing home must relate to the performance of providing feeding and hydration and must include:
(1) feeding skills and assistance with eating;
(2) the importance of good nutrition and hydration, including familiarity with signs of malnutrition and dehydration;
(3) an overview of the aging and disease process, as it relates to nutrition and hydration services;
(4) how to respond to a choking emergency and how to alert licensed staff to other health emergencies;
(5) universal precautions for the prevention of the spread of communicable diseases; and
(6) a statement of patients' rights.
(F) A patient assistant may not:
(1) administer medication;
(2) provide direct medical care, including taking vital signs or providing skin care or wound care;
(3) perform range of motion or other therapeutic exercises with residents.
(G) The Department of Health and Environmental Control shall promulgate regulations necessary to carryout the provisions of this section."
SECTION 2. If a Medicaid waiver is required for the services authorized to be provided by a patient assistant in a nursing home pursuant to Section 44-7-67 of the 1976 Code, as added by Section 1 of this act, the Department of Health and Human Services shall immediately apply for the waiver.
SECTION 3. This act takes effect upon approval by the Governor.
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