South Carolina General Assembly
116th Session, 2005-2006

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Bill 3646

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COMMITTEE REPORT

April 6, 2005

H. 3646

Introduced by Reps. Parks, J.H. Neal, Allen, Davenport, Frye, Jefferson, Lee, Limehouse, Mack, Pinson, M.A. Pitts and F.N. Smith

S. Printed 4/6/05--H.

Read the first time February 24, 2005.

            

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (H. 3646) to amend Section 40-33-20, as amended, Code of Laws of South Carolina, 1976, relating to definitions used in the licensure and regulation of nurses, etc., respectfully

REPORT:

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

JOE E. BROWN for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Health & Human Services

The department reports some additional training expenses could be expected, but they should be minimal and could be absorbed.

Department of Labor, Licensing and Regulation/Department of Health & Environmental Control

Both departments report that there will be no impact on the General Fund of the State, or on federal and/or other funds.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 40-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO REVISE THE DEFINITIONS OF "ATTENDANT CARE SERVICES" AND "HEALTH MAINTENANCE ACTIVITIES"; AND TO AMEND SECTION 40-33-30, AS AMENDED, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT AN UNLICENSED PERSON FROM PROVIDING ATTENDANT CARE SERVICES, WHICH ENABLE A PERSON TO REMAIN AT HOME AND WHICH ENABLE A PERSON TO CARRY OUT FUNCTIONS OF DAILY LIVING.

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

SECTION    1.    Section 40-33-20(11) and (30) of the 1976 Code, as amended by Act 225 of 2004, is further amended to read:

"(11)    'Attendant care services' means those basic and ancillary services that enable an individual in need of in-home care to live in the individual's home and community rather than in an institution and to carry out functions of daily living, self-care, and mobility that do not require a specialized knowledge base or the judgment and skill as defined as the practice of nursing.

(30)    'Health maintenance activities' include, but are not limited to, catheter irrigation, administration of medications, enemas and suppositories, and wound care, if in the opinion of the attending physician, physician assistant, APRN, or RN may these activities could be performed by an individual if the individual were physically and mentally capable and the procedure may be safely performed in the home."

SECTION    2.    Section 40-33-30(D)(9) of the 1976 Code, as amended by Act 225 of 2004, is further amended to read:

"(9)    a person not licensed under this chapter from providing attendant care services limited directed by or on behalf of an individual in need of in-home care as long as the care provided is not the practice of nursing or medicine; and"

SECTION    3.    This act takes effect upon approval by the Governor.

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