Current Status Bill Number:3950 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950406 Primary Sponsor:J. Brown, All Sponsors:J. Brown, Herdklotz, Hines and Byrd Drafted Document Number:gjk\21651sd.95 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Respiratory care practitioners
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19950406 Introduced, read first time, 27 H3M referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 40-47-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE RESPIRATORY CARE PRACTITIONERS ACT, SO AS TO REVISE THE DEFINITION OF "RESPIRATORY CARE PRACTITIONERS"; TO AMEND SECTION 40-47-530, RELATING TO PERSONS EXEMPT FROM THE RESPIRATORY CARE PRACTITIONERS ACT, SO AS TO FURTHER PROVIDE FOR THESE EXEMPTIONS; AND TO AMEND SECTION 40-47-655, AS AMENDED, RELATING TO A LIMITED CERTIFICATE TO PRACTICE RESPIRATORY CARE, SO AS TO REVISE THE REQUIREMENTS AN APPLICANT MUST MEET IN ORDER TO BE ISSUED SUCH A LIMITED CERTIFICATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-47-510(e) of the 1976 Code is amended to read:
"(e) `Respiratory care practitioner' means a respiratory therapist or a respiratory therapy technician certified to practice respiratory therapy who is a graduate of an American Medical Association approved school for respiratory therapy a school for respiratory therapy approved by the American Medical Association or a successor accrediting authority recognized as such by the board."
SECTION 2. Section 40-47-530 of the 1976 Code is amended to read:
"Section 40-47-530. This article does not affect:
(a) any person employed to provide respiratory care by the United States government if he provides respiratory care solely under the direction or control of the organization by which he is employed;
(b) any person pursuing a course of study leading to a degree or certificate in respiratory therapy in a program accredited by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education or a successor accrediting authority recognized as such by the board if the activities and services constitute a part of a supervised course of study and if he is designated by a title which clearly indicates his status as a student;
(c) any individual or other health care professional who is licensed by the State or who by passage of an examination certified by the National Council of Health certifying agencies, or other successor organizations recognized as such by the board, has proven his competency in one or more of the functions included in the definition of the practice of respiratory care as long as he does not represent himself as a respiratory care practitioner;
(d) a respiratory therapy student who may be employed and works under the direct supervision of a respiratory care practitioner and practices to his level of proven clinical competency as certified by an a program approved by the American Medical Association approved program or a successor accrediting authority recognized as such by the board;
(e) any employee of a licensed hospital in this State when performing services commonly within the definition of respiratory care as long as the services are performed within the course and scope of his employment as an employee of the hospital. No regular employee of a licensed hospital in this State is required to be licensed as a condition of employment by or for performance of these services as long as he does not represent himself as a respiratory care practitioner."
SECTION 3. Section 40-47-655(A) of the 1976 Code, as last amended by Act 541 of 1988, is further amended to read:
"(A) Upon payment of a fee prescribed by the committee and approved by the board, the board may issue a limited certificate to practice respiratory care, under the direct supervision of a certified respiratory care practitioner, to an applicant who presents written documentation, verified by oath, that he is a graduate of or student of a Joint Review Committee for Respiratory Therapy Education approved respiratory care program approved by the American Medical Association or a successor accrediting authority recognized as such by the board. If a student, the applicant must be scheduled to graduate from this program within forty-five days of the date on which the limited certificate is to be issued."
SECTION 4. This act takes effect upon approval by the Governor.