A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 3 TO CHAPTER 7, TITLE 41, SO AS TO DECLARE THAT PRACTICE AGREEMENTS ARE AGAINST THE PUBLIC POLICY OF THE STATE AND TO MAKE PRACTICE AGREEMENTS PROHIBITED, VOID, AND UNENFORCEABLE.

 

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

 

SECTION 1.  Chapter 7, Title 41 of the S.C. Code is amended by adding:

 

Article 3

 

Practice Agreements

 

    Section 41-7-310.  It is hereby declared that the right to work of nurse practitioners, clinical nurse specialists, or certified nurse midwives, who are otherwise licensed to practice advanced practice nursing in this State and hold licenses in good standing, must not be denied or abridged by practice agreements. It is further declared that practice agreements restrict and interfere with the establishment and maintenance of a patient's choice of healthcare provider and are against the public policy of the State of South Carolina.

 

    Section 41-7-320.  A nurse practitioner, clinical nurse specialist, or certified nurse midwife licensed to practice advanced practice nursing pursuant to the provisions of Title 40, Chapter 33 has a direct, personal, and individual duty and responsibility to his patients, regardless of his form of practice or employment, and any practice agreement, including "practice agreement" as defined in Section 40-33-20(45), that creates or establishes the terms of a collaborative practice agreement, employment, or any other form of professional relationship that restricts or interferes with the nurse practitioner, clinical nurse specialist, or certified nurse midwife's ability to treat patients within the scope of his education and training are henceforth prohibited, void, and unenforceable.

 

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

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