Bill 730

                    Current Status

Bill Number:                    730
Ratification Number:            222
Act Number:                     223
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19950411
Primary Sponsor:                Moore 
All Sponsors:                   Moore 
Drafted Document Number:        br1\18373ac.95
Date Bill Passed both Bodies:   19960202
Date of Last Amendment:         19950427
Governor's Action:              S
Date of Governor's Action:      19960212
Subject:                        Respiratory care programs

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960222  Act No. A223
------  19960212  Signed by Governor
------  19960206  Ratified R222
House   19960202  Read third time, enrolled for
                  ratification
House   19960201  Unanimous consent for third
                  reading on the next Legislative day
House   19960201  Read second time
House   19960131  Committee report: Favorable              27 H3M
House   19950502  Introduced, read first time,             27 H3M
                  referred to Committee
Senate  19950501  Read third time, sent to House
Senate  19950427  Amended, read second time
Senate  19950426  Committee report: Favorable with         13 SMA
                  amendment
Senate  19950411  Introduced, read first time,             13 SMA
                  referred to Committee

(A223, R222, S730)

AN ACT TO AMEND SECTIONS 40-47-510, 40-47-530, AND 40-47-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE ACCREDITING AUTHORITIES FOR RESPIRATORY THERAPY AND CARE, SCHOOLS, AND PROGRAMS, SO AS TO PROVIDE THAT THESE AUTHORITIES MAY BE THE AMERICAN MEDICAL ASSOCIATION OR A SUCCESSOR AUTHORITY RECOGNIZED BY THE BOARD OF MEDICAL EXAMINERS.

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

Clarifying the accrediting authority for respiratory therapy schools

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 a school for respiratory therapy approved by the American Medical Association or a successor accrediting authority recognized as such by the board."

Clarifying the accrediting authority for respiratory therapy programs

SECTION 2. Section 40-47-530 of the 1976 Code is amended to read:

"Section 40-47-530. This article does not affect:

(1) a person employed to provide respiratory care by the United States government if the person provides respiratory care solely under the direction or control of the organization by which the person is employed;

(2) a person pursuing a course of study leading to a degree or certificate in respiratory therapy in a program accredited by the American Medical Association 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 the person is designated by a title which clearly indicates the status of student;

(3) an 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 who has proven competency in one or more of the functions included in the definition of the practice of respiratory care as long as the person does not represent himself as a respiratory care practitioner;

(4) a respiratory therapy student who may be employed and works under the direct supervision of a respiratory care practitioner and practices to the person's level of proven clinical competency as certified by a program approved by the American Medical Association or a successor accrediting authority recognized as such by the board;

(5) an 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 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 the employee does not represent himself as a respiratory care practitioner."

Revising accrediting authority of a respiratory care program

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 the applicant is a graduate of or student of a 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."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 12th day of February, 1996.