2023-2024 Bill 5183 Text of Previous Version (May. 08, 2024)

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

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.

(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.

(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;

(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.

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;

(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) performing nonclinical tasks via telemedicine; and

(g)(k) 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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