South Carolina General Assembly
116th Session, 2005-2006

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Bill 3646

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COMMITTEE REPORT

May 25, 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 5/25/05--S.

Read the first time April 12, 2005.

            

THE COMMITTEE ON MEDICAL 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:

HARVEY S. PEELER, JR. for Committee.

            

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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