South Carolina General Assembly
117th Session, 2007-2008

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Bill 3632

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

May 16, 2007

H. 3632

Introduced by Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J.R. Smith and Whipper

S. Printed 5/16/07--H.    [SEC 5/17/07 3:35 PM]

Read the first time March 1, 2007.

            

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (H. 3632) to amend the Code of Laws of South Carolina, 1976, by adding Section 40-33-25 so as to provide that the Department of Labor, Licensing and Regulation may require, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, Section 40-33-25(A), page 1, line 31 by deleting /may/ and inserting /shall/. So when amended Section 40-33-25(A) reads:

/(A)    In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure to practice nursing, the department shall require a criminal history background check of each applicant for licensure. Each applicant may be required to furnish a full set of fingerprints and additional information required to enable a criminal history background check to be conducted by the State Law Enforcement Division or the state identification bureau of another state and the Federal Bureau of Investigation. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action./

Renumber sections to conform.

Amend title to conform.

LEON HOWARD for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

See Below

EXPLANATION OF IMPACT:

The Department of Labor, Licensing and Regulation

The department reports there will be additional costs associated with this bill, but any costs will be absorbed by the agency.

State Law Enforcement Division

According to the bill, the costs of conducting a criminal history background check for a license to practice nursing must be borne by the applicant. The cost of conducting a criminal history background check associated with an investigation or hearing must be borne by the department. The applicant or department must pay a fee of $25 for the state background check and $24 for the national criminal records check. Assuming other funds revenue will cover the cost of conducting the state background check there should be no additional cost to the state general fund upon enactment.

Approved By:

Harry Bell

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH A BACKGROUND CHECK IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 33, Title 40 of the 1976 Code is amended by adding:

"Section 40-33-25.    (A)    In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure to practice nursing, the department may require a criminal history background check of each applicant for licensure. Each applicant may be required to furnish a full set of fingerprints and additional information required to enable a criminal history background check to be conducted by the State Law Enforcement Division or the state identification bureau of another state and the Federal Bureau of Investigation. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action.

(B)    In an investigation or disciplinary proceeding concerning a licensee, the department may require a criminal history background check of a licensee. A licensee may be required to furnish a full set of fingerprints and additional information required to enable a criminal history background check to be conducted by the State Law Enforcement Division or the state identification bureau of another state and the Federal Bureau of Investigation. Costs of conducting a criminal history background check must be borne by the department and may be recovered as administrative costs associated with an investigation or hearing pursuant to this chapter, unless ordered by the board as a cost in a disciplinary proceeding. The department shall keep information received pursuant to this section confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action."

SECTION    2.    This act takes effect upon approval by the Governor.

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