South Carolina Code of Laws
Chapter 33 - Nurses
Section 40-33-42. Delegation of tasks to unlicensed assistive personnel.

(A) An advanced practice registered nurse, registered nurse, or licensed practical nurse is responsible for the delegation and supervision of nursing tasks to unlicensed assistive personnel. Tasks that may be assigned to unlicensed assistive personnel must be stated in the employers' policies, and the employer shall verify the training of this personnel and their competencies to perform the tasks.
(B) Tasks which may be delegated and performed under supervision may include, but are not limited to:
(1) meeting patients' needs for personal hygiene;
(2) meeting patients' needs relating to nutrition;
(3) meeting patients' needs relating to ambulation;
(4) meeting patients' needs relating to elimination;
(5) taking vital signs;
(6) maintaining asepsis;
(7) observing, recording, and reporting any of the tasks enumerated in the subsection.
(C) Subject to the rights of licensed physicians and dentists under state law, and except as provided in Section 40-47-196 regarding the delegation of tasks to certified medical assistants, the administration of medications is the responsibility of a licensed nurse as prescribed by the licensed physician, dentist, other authorized licensed provider or as authorized in an approved written protocol or guidelines. Unlicensed assistive personnel must not administer medications, except as otherwise provided by law.
HISTORY: 2004 Act No. 225, Section 1; 2022 Act No. 171 (S.613), Section 3, eff July 15, 2022.
Effect of Amendment
2022 Act No. 171, Section 3, in (C), in the first sentence, inserted "and except as provided in Section 40-47-196 regarding the delegation of tasks to certified medical assistants,".

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 33 - Nurses

Section 40-33-5. Application of Chapter 1, Article 1; conflicts.

Section 40-33-10. State Board of Nursing; membership; seal; promulgation of regulations; powers and duties.

Section 40-33-20. Definitions.

Section 40-33-25. Criminal records checks; dishonored check as evidence of act of moral turpitude.

Section 40-33-30. Licensing requirement; use of title "nurse"; exceptions; establishment of policies to cover special health care needs.

Section 40-33-32. Initial licensure examination; foreign educated nurses.

Section 40-33-33. Inactive status of certain licenses.

Section 40-33-34. Performance of medical acts; qualifications; practice agreements; prescriptive authorization; anesthesia care; definitions.

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 40-33-43. Provision of medications in certain facilities by selected unlicensed persons; creation of Medication Technician Certification Program; Medication Technician Registry.

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 40-33-116. Mental or physical examinations; consent to submit; review hearing; admissibility of medical records.

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 40-33-170. Costs.

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 40-33-1330. Reserved.

Section 40-33-1335. Reserved.

Section 40-33-1340. Coordinated licensure information system and exchange of information.

Section 40-33-1345. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators.

Section 40-33-1350. Rulemaking.

Section 40-33-1355. Oversight, dispute resolution and enforcement.

Section 40-33-1360. Effective date, withdrawal and amendment.

Section 40-33-1365. Construction and severability.