(A) A person may not practice nursing without an active license issued in accordance with this chapter. A South Carolina license as an advanced practice registered nurse or registered nurse is required for a person located in another state to provide nursing services to a recipient located in this State at the time nursing services are provided. A licensee located in this State who provides nursing services to a recipient located in another state must be properly licensed in this State and comply with any applicable licensing requirements where the recipient of nursing services is located at the time the services are provided.
(B) It is unlawful for a person to practice as an advanced practice registered nurse, a registered nurse, or a licensed practical nurse in this State, or to use the abbreviation "APRN", "RN", or "LPN" or any variation or subdesignation of these, or use any title, sign, card, or device to indicate that the person is a nurse, or that the person is practicing as a nurse, within the meaning of this chapter, unless the person is actively licensed under the provisions of this chapter.
(C) A person may not use the word "nurse" as a title, or use an abbreviation to indicate that the person is practicing in this State as a nurse, unless the person is actively licensed as a nurse as provided for in this chapter. If the term "nurse" is part of a longer title, such as "nurse's aide", a person who is entitled to use that title shall use the entire title and may not abbreviate the title to " nurse". This does not prohibit the use of the title "nurse" by persons who hold a temporary permit pending licensure by endorsement from another jurisdiction, and it does not prohibit the use of the title "nurse" by persons enrolled in a board-approved refresher course for the purpose of obtaining an active South Carolina license.
(D) A provision of this chapter may not be construed to prohibit:
(1) gratuitous nursing care by friends or members of the family;
(2) the incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter;
(3) nursing assistance in case of an emergency;
(4) the practice of nursing by students enrolled in approved nurse education programs;
(5) the practice of nursing in this State by a legally qualified nurse of another state whose engagement requires the nurse to accompany and care for a patient temporarily residing in this State during the period of one engagement, not to exceed six months, if the person does not represent or hold herself or himself out as a nurse licensed to practice in this State;
(6) the practice of any legally qualified nurse of another state who is employed by the United States government or any bureau, division, or agency of the United States government, while in the discharge of official duties;
(7) care given to maternity patients, in the performance of their duties by licensed midwives trained and supervised under the authority of the South Carolina Department of Health and Environmental Control, so long as these midwives confine care to maternity patients only and do not claim to be licensed nurses or certified nurse-midwives;
(8) the practice of nursing by a licensed nurse of another state who is enrolled in a board-approved course of study or board-approved experimental or experiential project requiring nursing practice as a part of the educational program;
(9) a person not licensed under this chapter from providing attendant care services directed by or on behalf of an individual in need of in-home care; and
(10) performance of an act which a person would normally perform if the person were physically and cognitively able.
(E) The South Carolina Department of Health and Environmental Control may establish policies that authorize licensed registered nurses to provide health care under the direction of a physician licensed to practice medicine in this State and under the guidance of a registered pharmacist including, but not limited to, the dispensing of drugs for the treatment of tuberculosis and sexually transmitted diseases, HIV/AIDS, maternal and child care, children with special health care needs, family planning, immunizations, and any other public health program. The original diagnosis and treatment as prescribed by the physician must be maintained on the individual patient's records. The provisions of this chapter must not be construed to require the employment of registered pharmacists at local health clinics for the guidance of registered nurses in the dispensing of drugs in accordance with these provisions.
HISTORY: 2004 Act No. 225, Section 1; 2005 Act No. 122, Section 1.
Editor's Note
Prior Laws:1935 (39) 173; 1942 Code Sections 5230, 5223; 1947 (45) 579; 1952 Code Sections 56-953, 56-981; 1962 Code Sections 56-953, 56-981; 1969 (56) 263; 1987 Act No. 114, Section 2; 1989 Act No. 137, Section 2; 1976 Code Sections 40-33-20; 40-33-510.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-33-5. Application of Chapter 1, Article 1; conflicts.
Section 40-33-20. Definitions.
Section 40-33-25. Criminal records checks; dishonored check as evidence of act of moral turpitude.
Section 40-33-32. Initial licensure examination; foreign educated nurses.
Section 40-33-33. Inactive status of certain licenses.
Section 40-33-35. Licensing of applicant authorized to practice in other states.
Section 40-33-36. Issuance of licenses; temporary or limited licenses.
Section 40-33-37. Volunteer licenses.
Section 40-33-38. Renewal of licenses.
Section 40-33-39. Identification badges.
Section 40-33-40. Demonstration of competency for initial and renewal of licenses.
Section 40-33-41. Request for inactive status.
Section 40-33-42. Delegation of tasks to unlicensed assistive personnel.
Section 40-33-44. Exceptions to supervision requirements for licensed practical nurses.
Section 40-33-50. Administrative support of board activities; establishment of fees.
Section 40-33-70. Code of ethics.
Section 40-33-80. Investigation of complaints and violations.
Section 40-33-90. Administration of oaths.
Section 40-33-100. Issuance of restraining orders and cease and desist orders.
Section 40-33-110. Grounds for discipline of licensees.
Section 40-33-111. Reporting misconduct; review of findings of board.
Section 40-33-115. Jurisdiction of the board.
Section 40-33-120. Fines and other discipline; effective date; stay or supersedeas.
Section 40-33-130. Denial of licensure.
Section 40-33-140. Effect of criminal record.
Section 40-33-150. Surrender of license.
Section 40-33-160. Appeal; board decision not stayed pending appeal.
Section 40-33-180. Payment of costs and fines.
Section 40-33-190. Matters relating to complaint and proceeding privileged.
Section 40-33-200. Unauthorized practice; penalty.
Section 40-33-210. Civil action for injunctive relief.
Section 40-33-220. Severability.
Section 40-33-230. Licensure requirements for foreign-educated nurses.
Section 40-33-1300. Nurse Licensure Compact enacted.
Section 40-33-1305. Findings; purposes.
Section 40-33-1310. Definitions.
Section 40-33-1315. General provisions and jurisdiction.
Section 40-33-1320. Applications for licensure in a party state.
Section 40-33-1325. Additional authorities invested in party state licensing boards.
Section 40-33-1340. Coordinated licensure information system and exchange of information.
Section 40-33-1350. Rulemaking.
Section 40-33-1355. Oversight, dispute resolution and enforcement.
Section 40-33-1360. Effective date, withdrawal and amendment.