South Carolina General Assembly
117th Session, 2007-2008

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Indicates Matter Stricken
Indicates New Matter

R217, H3632

STATUS INFORMATION

General Bill
Sponsors: Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J.R. Smith and Whipper
Document Path: l:\council\bills\nbd\11222ac07.doc
Companion/Similar bill(s): 512

Introduced in the House on March 1, 2007
Introduced in the Senate on May 23, 2007
Last Amended on May 22, 2007
Currently residing in the House
Governor's Action: April 2, 2008, Vetoed
Legislative veto action(s): Veto sustained

Summary: Nursing

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    3/1/2007  House   Introduced and read first time HJ-55
    3/1/2007  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs HJ-55
   5/16/2007  House   Committee report: Favorable with amendment Medical, 
                        Military, Public and Municipal Affairs HJ-3
   5/17/2007          Scrivener's error corrected
   5/22/2007  House   Amended HJ-16
   5/22/2007  House   Read second time HJ-17
   5/23/2007  House   Read third time and sent to Senate HJ-20
   5/23/2007  Senate  Introduced and read first time SJ-46
   5/23/2007  Senate  Referred to Committee on Medical Affairs SJ-46
   2/27/2008  Senate  Committee report: Favorable with amendment Medical 
                        Affairs SJ-12
   2/28/2008  Senate  Committee Amendment Adopted SJ-11
   2/28/2008  Senate  Read second time SJ-11
    3/5/2008  Senate  Read third time and returned to House with amendments 
                        SJ-19
    3/6/2008  House   Concurred in Senate amendment and enrolled HJ-29
   3/27/2008          Ratified R 217
    4/2/2008          Vetoed by Governor
    4/9/2008  House   Veto sustained Yeas-62  Nays-48 HJ-37
    4/9/2008  House   Motion noted- Rep. Agnew moved to reconsider the vote 
                        whereby the veto was sustained HJ-95
   4/10/2008  House   Reconsidered HJ-41
   4/10/2008  House   Roll call Yeas-68  Nays-42 HJ-41
   4/10/2008  House   Veto sustained Yeas-67  Nays-39 HJ-43

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/1/2007
5/16/2007
5/17/2007
5/22/2007
2/27/2008
2/28/2008

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R217, H3632)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S NAME AND TITLE.

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

Criminal records checks

SECTION    1.    Chapter 33, Title 40 of the 1976 Code is amended by adding:

"Section 40-33-25.    (A)    In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure to practice nursing, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action.

(B)    In an investigation or disciplinary proceeding concerning a licensee, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the department and may be recovered as administrative costs associated with an investigation or hearing pursuant to this chapter unless ordered by the board as a cost in a disciplinary proceeding. The department shall keep information received pursuant to this section confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action."

Identification badges

SECTION    2.    Chapter 33, Title 40 of the 1976 Code is amended by adding:

"Section 40-33-39.    A licensed nurse must clearly identify himself or herself as officially licensed by the board. A licensed nurse shall wear a clearly legible identification badge or other adornment at least one inch by three inches in size bearing the nurse's name and title as officially licensed."

Time effective

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

Ratified the 27th day of March, 2008.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2008.

___________________________________________

Governor

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