Download This Bill in Microsoft Word format
A194, R216, H3631
STATUS INFORMATION
General Bill
Sponsors: Reps. Chalk, Bales, Brantley, Littlejohn, Moss and Neilson
Document Path: l:\council\bills\nbd\11223ac07.doc
Introduced in the House on March 1, 2007
Introduced in the Senate on April 25, 2007
Passed by the General Assembly on March 18, 2008
Became law without Governor's signature, April 3, 2008
Summary: Nursing licensure requirements
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/1/2007 House Introduced and read first time HJ-54
3/1/2007 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-55
4/18/2007 House Committee report: Favorable Medical, Military, Public
and Municipal Affairs HJ-21
4/24/2007 House Read second time HJ-102
4/25/2007 House Read third time and sent to Senate HJ-23
4/25/2007 Senate Introduced and read first time SJ-22
4/25/2007 Senate Referred to Committee on Medical Affairs SJ-22
3/12/2008 Senate Committee report: Favorable Medical Affairs SJ-17
3/13/2008 Senate Read second time SJ-9
3/18/2008 Senate Read third time and enrolled SJ-22
3/27/2008 Ratified R 216
4/3/2008 Became law without Governor's signature
4/9/2008 Copies available
4/9/2008 Effective date 04/03/08
4/15/2008 Act No. 194
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A194, R216, H3631)
AN ACT TO AMEND SECTION 40-33-32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE BY ENDORSEMENT REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE AND TO CLARIFY THAT CERTAIN REQUIREMENTS APPLY TO LICENSURE TO PRACTICE AS AN ADVANCED PRACTICE REGISTERED NURSE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES OF ADVANCED PRACTICE REGISTERED NURSES; AND TO AMEND SECTION 40-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS AND TO LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Required identification for licensure
SECTION 1. Section 40-33-32(B)(4) of the 1976 Code, as added by Act 225 of 2004, is amended to read:
"(4) submits satisfactory proof of identity and age demonstrating that the applicant is eighteen years of age or older;"
Information to be provided on prescriptions
SECTION 2. Section 40-33-34(F)(1)(d) of the 1976 Code, as added by Act 225 of 2004, is amended to read:
"(d) must be signed by the NP, CNM, or CNS with the prescriber's identification number assigned by the board and all prescribing numbers required by law. The prescription form must include the name, address, and phone number of the NP, CNM, or CNS and physician and must comply with the provisions of Section 39-24-40. A prescription must designate a specific number of refills and may not include a nonspecific refill indication;"
Requirements for licensure by endorsement
SECTION 3. Section 40-33-35 of the 1976 Code, as added by Act 225 of 2004, is amended to read:
"Section 40-33-35. An applicant for a license who currently holds or has held an authorization to practice nursing in another state or jurisdiction in this country or territory or dependency of the United States may be licensed by the board by endorsement, without examination, if the applicant:
(1) submits a completed application on a form provided by the board;
(2) submits one 2" x 2" photograph signed and dated;
(3) submits the appropriate application fee;
(4) submits satisfactory proof of identity and age demonstrating that the applicant is eighteen years of age or older;
(5) submits a copy of the applicant's social security card or permanent resident card; a resident alien who does not have a social security number must have an alien identification number;
(6) has not committed any acts that are grounds for disciplinary action;
(7) has completed all requirements for graduation from a nursing education program approved by the state or jurisdiction in this country or territory or dependency of the United States in which the program is located, as evidenced by a graduation transcript or other proof of education satisfactorily demonstrating graduation as determined by the board. The applicant's education must be equivalent to that required in this State at the time of the applicant's initial licensure in the other jurisdiction. An applicant shall comply with these educational requirements for basic RN licensure and satisfy the requirements of Section 40-33-34 to practice as an APRN;
(8) submits verification of current or prior authorization to practice as a nurse in another state or jurisdiction or territory or dependency of the United States and that a license:
(a) has been issued on the basis of passing the State Board Test Pool Examination before 1983 or the appropriate National Council Licensure Examination;
(b) was not issued on the basis of passing the State Board Test Pool Examination before 1983 or the appropriate National Council Licensure Examination, in which case the applicant shall demonstrate not fewer than three years of successful practice as a licensed nurse in another state or jurisdiction in this country without disciplinary action that resulted in restriction of practice, including probation;
(9) evidence of continued competency as provided in this chapter; and
(10) whose native language is not English, submits evidence of passing the Test of English as First Language (TOEFL), Test of Written English (TWE), and Test of Spoken English (TSE) offered by the TOEFL/TSE Services or another service approved by the board."
Temporary and limited licenses
SECTION 4. Section 40-33-36(D) of the 1976 Code, as added by Act 225 of 2004, is amended to read:
"(D)(1) The board may issue a temporary or limited license to practice nursing, in accordance with this subsection, or as may be provided for in regulation, to an applicant:
(a) for licensure as an advanced practice registered nurse, a registered nurse, or as a licensed practical nurse, if the applicant's preliminary credentials have been approved and whose fee has been paid;
(b) for licensure by endorsement as an advanced practice registered nurse, a registered nurse, or as a licensed practical nurse, for up to sixty days, unless further authorized by the administrator or designee, pending completion and approval of the application, if the applicant has filed an application, paid the fee, and has produced a valid license to practice in another jurisdiction;
(c) while participating in a refresher course for up to ninety days, unless further authorized by the administrator or designee, when the applicant is seeking reinstatement of a lapsed or an inactive license or licensure by endorsement and must submit evidence of nursing competence before returning to nursing practice.
(2) An applicant who has failed the licensing examination is not eligible for a temporary permit to practice nursing.
(3) The board or department may immediately cancel a temporary permit or license that was issued based upon false, fraudulent, or misleading information provided by an applicant."
Competency requirements
SECTION 5. Section 40-33-40 of the 1976 Code, as amended by Act 225 of 2004, is further amended to read:
"Section 40-33-40. (A) Demonstration of competency for initial licensure requires documented evidence of the following:
(1) graduation from an approved nursing education program; and
(2) successful completion of the NCLEX appropriate to the area of licensure and appropriate credentials for advanced practice registered nursing licensure, if applicable.
(B) Demonstration of competency for:
(1) renewal of an active license biennially requires documented evidence of at least one of the following requirements during the licensure period:
(a) completion of thirty contact hours from a continuing education provider recognized by the board;
(b) maintenance of certification or recertification by a national certifying body recognized by the board;
(c) completion of an academic program of study in nursing or a related field recognized by the board; or
(d) verification of competency and the number of hours practiced, as evidenced by employer certification on a form approved by the board;
(2) reinstatement from lapsed or inactive status of five years or less requires documented evidence of at least one of the following within the preceding two years:
(a) completion of thirty contact hours from a continuing education provider recognized by the board and successful completion of a course in legal aspects approved by the board;
(b) maintenance of certification or recertification by a national certifying body recognized by the board;
(c) completion of an academic program of study in nursing or a related field recognized by the board;
(d) verification of competency and the number of hours practiced, as evidenced by employer certification on a form approved by the board; or
(e) successful completion of a refresher course approved by the board;
(3) reinstatement from lapsed or inactive status of more than five years requires documented evidence of at least one of the following within the preceding two years:
(a) successful completion of a refresher course approved by the board; or
(b) successful completion of the NCLEX appropriate to the area of licensure.
(C) Demonstration of competency for reinstatement from lapsed or inactive status or licensure of a person who holds a current authorization to practice in another state or jurisdiction in this country or territory or dependency of the United States requires documented evidence of at least one of the requirements in subsection (B) during the preceding two years.
(D) Failure to comply with applicable continued competency requirements results in nonrenewal or denial of the application. A licensee shall maintain all documented evidence of compliance for at least four years. This documented evidence must be presented by the licensee within five business days of request by a representative of the department acting in its discretion or in accordance with a random audit of a sample of licensees. Failure to provide satisfactory documented evidence of compliance within the prescribed time results in the immediate temporary suspension or cancellation of the license pending compliance with all requirements for licensure and until order of the board."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Ratified the 27th day of March, 2008.
Became law without the signature of the Governor -- 4/3/08.
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