Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 27, 2024

 

H. 5183

 

Introduced by Reps. M. M. Smith, West, Hewitt, Chapman, B. Newton, Hiott, Sessions, Pope, Davis, Gagnon, Thayer and Carter

 

S. Printed 03/27/24--H.

Read the first time February 28, 2024

 

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The committee on House Medical, Military, Public and Municipal Affairs

To whom was referred a Bill (H. 5183) to amend the South Carolina Code of Laws by amending Section 40-47-20, relating to the definition of a certified medical assistant, so as to revise the required, etc., respectfully

Report:

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

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 40-47-20(57) and inserting:

    (57) "Certified medical assistant" or "CMA" means a person who: is a graduate of a post-secondary medical assisting education program accredited by the National Healthcare Association, or its successor;  by the Committee on Allied Health Education and Accreditation of the American Medical Association, or its successor;  by the Accrediting Bureau of Health Education Schools, or its successor;  or by any accrediting agency recognized by the United States Department of Education.  The accredited post-secondary medical assisting education program must include courses in anatomy and physiology, medical terminology, pharmacology, medical laboratory techniques, and clinical experience.  A certified medical assistant must maintain current certification from the certifying board of the American Association of Medical Assistants, the National Center for Competency Testing, the National Certification Medical Association, American Medical Technologists, or any other recognized certifying body approved by the Board of Medical Examiners

       (1) has completed:

           (a) a medical assisting education program accredited by the Commission on Accreditation of Allied Health Education Programs or its successor, by the Accrediting Bureau of Health Education Schools or its successor, or by any accrediting agency recognized by the United States Department of Education, and which must include courses or components in anatomy and physiology, medical terminology, pharmacology, medical laboratory techniques, and clinical experience, provided the clinical experience component may be satisfied through an individual's work experience with a health care employer;

           (b) a Career and Technical Education Health Sciences Program approved by the South Carolina Department of Education;

           (c) a medical assisting program provided by a branch of the United States military;

           (d) a medical assisting United States Department of Labor-approved Registered Apprenticeship program; or

           (e) a training program that is delivered, in whole or in part, by a health care employer that aligns to a nationally accredited certification exam; and

       (2) a person who has complied with the provisions of subitem (1) and maintains current certification from a certifying body offering a certification program that is:

           (a) approved by the Board of Medical Examiners and the Board of Nursing; and

           (b) is accredited by the National Commission for Certifying Agencies or other accreditation body recognized by the Board of Medical Examiners and the Board of Nursing. The term "certified medical assistant" or "CMA" also includes medical assistants who have maintained certification from one of the certifying entities in item (2) of this section since January 1, 2020 and individuals employed as certified medical assistants as of the effective date of this act who do not meet the education or training requirements required in this item, but who meet those requirements no later than July 15, 2026.

Amend the bill further, SECTION 2, by deleting Section 40-47-196(C)(1)(j).

 

Renumber sections to conform.

Amend title to conform.

 

S.H. DAVIS for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill makes changes to the requirements to become a CMA by expanding the number of approved programs. The bill provides that CMA's include medical assistants who have maintained certification from one of the specified certifying entities since January 1, 2020. CMA's also include individuals who are currently employed as CMA's on the effective date of this bill who do not meet the education or training requirements, but who meet those requirements before July 15, 2026. The bill further expands the list of tasks that a physician or physician assistant may delegate to an UAP.

 

Based on a response from similar legislation, this bill will have no expenditure impact on LLR or the Board of Medical Examiners since the primary function of the bill does not alter the responsibilities of the agency or the board.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-47-20, RELATING TO THE DEFINITION OF A CERTIFIED MEDICAL ASSISTANT, SO AS TO revise the required qualifications for certification; AND BY AMENDING SECTION 40-47-196, RELATING TO the DELEGATION OF nursing TASKS to unlicensed assistive personnel by certain medical professionals, SO AS TO designate additional tasks that may be delegated.

 

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

 

SECTION 1.  Section 40-47-20(57) of the S.C. Code is amended to read:

 

    (57) "Certified medical assistant" or "CMA" means a person who is a graduate of a post-secondary medical assisting education program accredited by the National Healthcare Association, or its successor;  by the Committee on Allied Health Education and Accreditation of the American Medical Association, or its successor;  by the Accrediting Bureau of Health Education Schools, or its successor;  or by any accrediting agency recognized by the United States Department of Education.  The accredited post-secondary medical assisting education program must include courses in anatomy and physiology, medical terminology, pharmacology, medical laboratory techniques, and clinical experience.  A certified medical assistant must maintain current certification from the certifying board of the American Association of Medical Assistants, the National Center for Competency Testing, the National Certification Medical Association, American Medical Technologists, or any other recognized certifying body approved by the Board of Medical Examiners:

           (a) a person who has completed:

               (i) a medical assisting education program accredited by the Commission on Accreditation of Allied Health Education Programs or its successor, by the Accrediting Bureau of Health Education Schools or its successor, or by any accrediting agency recognized by the United States Department of Education, and which must include courses or components in anatomy and physiology, medical terminology, pharmacology, medical laboratory techniques, and clinical experience, provided the clinical experience component may be satisfied through an individual's work experience with a health care employer;

               (ii) a Career and Technical Education Health Sciences Program approved by the South Carolina Department of Education;

               (iii) a medical assisting program provided by a branch of the United States military;

               (iv) a medical assisting United States Department of Labor-approved Registered Apprenticeship program; or

               (v) a training program that is delivered, in whole or in part, by a health care employer that aligns to a nationally accredited certification exam; and

           (b) a person who has complied with the provisions of subitem (a) and maintains current certification from the American Association of Medical Assistants, the National Center for Competency Testing, the National Certification Medical Association, American Medical Technologists, the National Healthcareer Association, or any other recognized certifying body offering a certification program that is:

               (i) approved by the Board of Medical Examiners; and

               (ii) is accredited by the National Commission for Certifying Agencies or other accreditation body recognized by the Board of Medical Examiners.

           (c) The term "certified medical assistant" or "CMA" also includes:

               (i) medical assistants who have maintained certification from one of the certifying entities in subitem (b) since January 1, 2020; and

               (ii) individuals employed as certified medical assistants on the effective date of this item who do not meet the education or training requirements required in this item on that date but who meet those requirements before July 15, 2026.

 

SECTION 2.  Section 40-47-196(C) of the S.C. Code is amended to read:

 

    (C)(1) A physician or physician assistant, pursuant to the physician assistant's scope of practice guidelines, may delegate nursing tasks to UAP under the supervision of the physician or physician assistant.  Such nursing tasks include, but are not limited to, the following:

           (a) meeting patients' needs for personal hygiene;

           (b) meeting patients' needs relating to nutrition;

           (c) meeting patients' needs relating to ambulation;

           (d) meeting patients' needs relating to elimination;

           (e) taking vital signs;

           (f) maintaining asepsis;  and

           (g) collecting specimens (urine, stool, sputum);

           (h) point of care testing and screening tests;

           (i) recording information;

           (j) changing dressings and applying braces;

           (k) performing nonclinical tasks via telemedicine; and

           (g)(l) observing, recording, or reporting any of the nursing tasks enumerated in this subsection.

       (2) Pursuant to the APRN's practice agreement, APRNs he may delegate any of the above nursing tasks to a UAP pursuant to Section 40-33-42.

 

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

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