SC Code § 40-33-34 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 33 - Nurses|Section 40-33-34. Performance of medical acts; qualifications; practice agreements; prescriptive authorization; anesthesia care; definitions.

 (A) An advanced practice registered nurse applicant shall furnish evidence satisfactory to the board that the applicant:  (1) has met all qualifications for licensure as a registered nurse; and  (2) holds current specialty certification by a board-approved credentialing organization. New graduates shall provide evidence of certification within one year of program completion; however, psychiatric clinical nurse specialists shall provide evidence of certification within two years of program completion; and  (3) has earned a minimum of a master's degree from an accredited college or university, except for those applicants who:  (a) provide documentation as requested by the board that the applicant was graduated from an advanced, organized formal education program appropriate to the practice and acceptable to the board before December 31, 1994; or  (b) graduated before December 31, 2003, from an advanced, organized formal education program for nurse anesthetists accredited by the national accrediting organization of that specialty. CRNAs who graduate after December 31, 2003, must graduate with a minimum of a master's degree from a formal CRNA education program for nurse anesthetists accredited by the national accreditation organization of the CRNA specialty. An advanced practice registered nurse must achieve and maintain national certification, as recognized by the board, in an advanced practice registered nursing specialty;  (4) has paid the board all applicable fees; and  (5) has declared specialty area of nursing practice and the specialty title to be used must be the title which is granted by the board-approved credentialing organization or the title of the specialty area of nursing practice in which the nurse has received advanced educational preparation.  (B) An APRN is subject, at all times, to the scope and standards of practice established by the board-approved credentialing organization representing the specialty area of practice and shall function within the scope of practice of this chapter and must not be in violation of Chapter 47.  (C) A licensed nurse practitioner, certified nurse-midwife, or clinical nurse specialist must provide evidence of a practice agreement, as provided in this section. A licensed NP, CNM, or CNS must spend a portion of his time practicing in an underserved or rural area or serving an underserved population as defined in Section 40-33-20. A licensed NP, CNM, or CNS performing medical acts must do so pursuant to a practice agreement with a physician who must be readily available for consultation.  (D)(1) Medical acts performed by a nurse practitioner or clinical nurse specialist must be performed pursuant to a practice agreement between the nurse and the physician or medical staff. The practice agreement must include, but is not limited to:  (a) the following general information:  (i) name, address, and South Carolina license number of the nurse;  (ii) name, address, and South Carolina license number of the physician;  (iii) nature of practice and practice locations of the nurse and physician;  (iv) date the practice agreement was entered into and dates the practice agreement was reviewed and amended; and  (v) description of how consultation with the physician is provided and provision for backup consultation if the physician is unavailable; and  (b) the following information for medical acts:  (i) medical conditions for which therapies may be initiated, continued, or modified;  (ii) treatments that may be initiated, continued, or modified;  (iii) drug therapies that may be prescribed; and  (iv) situations that require direct evaluation by or referral to the physician.  (2) Notwithstanding any provisions of state law other than this chapter and Chapter 47, and to the extent permitted by federal law, an APRN may perform the following medical acts unless otherwise provided in the practice agreement:  (a) provide noncontrolled prescription drugs at an entity that provides free medical care for indigent patients;  (b) certify that a student is unable to attend school but may benefit from receiving instruction given in his home or hospital;  (c) refer a patient to physical therapy for treatment;  (d) pronounce death, certify the manner and cause of death, and sign death certificates pursuant to the provisions of Chapter 63, Title 44 and Chapter 8, Title 32;  (e) issue an order for a patient to receive appropriate services from a licensed hospice as defined in Chapter 71, Title 44;  (f) certify that an individual is handicapped and declare that the handicap is temporary or permanent for purposes of the individual's application for a placard;  (g) execute a do not resuscitate order pursuant to the provisions of Chapter 78, Title 44; and  (h) issue an order for home health services pursuant to the provisions of Chapter 69, Title 44.  (3) The original practice agreement and any amendments to it must be reviewed at least annually, dated and signed by the nurse and physician, and made available to the board for review within seventy-two hours of request. Failure to produce a practice agreement upon request of the board is considered misconduct and subjects the licensee to disciplinary action. A random audit of a practice agreement must be conducted by the board at least biennially.  (4) Licensees who change practice settings or physicians shall notify the board of the change within fifteen business days and provide verification of a practice agreement. NPs, CNMs, and CNSs who discontinue their practice shall notify the board within fifteen business days.  (E)(1) An NP, CNM, or CNS who applies for prescriptive authority:  (a) must be licensed by the board as a nurse practitioner, certified nurse-midwife, or clinical nurse specialist;  (b) shall submit a completed application on a form provided by the board;  (c) shall submit the required fee;  (d) shall provide evidence of completion of forty-five contact hours of education in pharmacotherapeutics acceptable to the board, within two years before application or during the time of the organized educational program shall provide evidence of prescriptive authority in another state meeting twenty hours in pharmacotherapeutics acceptable to the board, within two years before application;  (e) shall provide at least fifteen hours of education in controlled substances acceptable to the board as part of the twenty hours required for prescriptive authority if the NP, CNM, or CNS has equivalent controlled substance prescribing authority in another state;  (f) shall provide at least fifteen hours of education in controlled substances acceptable to the board as part of the forty-five contact hours required for prescriptive authority if the NP, CNM, or CNS initially is applying to prescribe in Schedules II through V controlled substances.  (2) The board shall issue an identification number to the NP, CNM, or CNS authorized to prescribe medications. Authorization for prescriptive authority is valid for two years unless terminated by the board for cause. Initial authorization expires concurrent with the expiration of the Advanced Practice Registered Nurse license.  (3) Authorization for prescriptive authority must be renewed after the applicant meets requirements for renewal and provides documentation of twenty hours acceptable to the board of continuing education contact hours every two years in pharmacotherapeutics. For a NP, CNM, or CNS with controlled substance prescriptive authority, two of the twenty hours must be related to prescribing controlled substances.  (F)(1) Authorized prescriptions by a nurse practitioner, certified nurse-midwife, or clinical nurse specialist with prescriptive authority:  (a) must comply with all applicable state and federal laws and executive orders;  (b) is limited to drugs and devices utilized to treat medical problems within the specialty field of the nurse practitioner or clinical nurse specialist as prescribed in the practice agreement;  (c) may include Schedules III through V controlled substances if listed in the practice agreement and as authorized by Section 44-53-300;  (d) may include Schedule II nonnarcotic substances if listed in the practice agreement and as authorized by Section 44-53-300, provided, however, that each such prescription must not exceed a thirty-day supply;  (e) may include Schedule II narcotic substances if listed in the practice agreement and as authorized by Section 44-53-300, provided, however, that the prescription must not exceed a five-day supply and another prescription must not be written without the written agreement of the physician with whom the nurse practitioner, certified nurse-midwife, or clinical nurse specialist has entered into a practice agreement, unless the prescription is written for patients in hospice or palliative care or for patients residing in long-term care facilities;  (f) may include Schedule II narcotic substances for patients in hospice or palliative care, or for patients in long-term care facilities, if listed in the practice agreement as authorized by Section 44-53-300, provided, however, that each such prescription must not exceed a thirty-day supply;  (g) must be signed or electronically submitted by the NP, CNM, or CNS with the prescriber's identification number assigned by the board and all prescribing numbers required by law. Written prescription forms must include the name, address, and phone number of the NP, CNM, or CNS and physician. Electronic prescription forms must include the name, address, and phone number of the NP, CNM, or CNS and, if possible, the physician through the electronic system. All prescriptions must comply with the provisions of Section 39-24-40. A prescription must designate a specific number of refills and may not include a nonspecific refill indication;  (h) must be documented in the patient record of the practice and must be available for review and audit purposes.  (2) An NP, CNM, or CNS who holds prescriptive authority may request, receive, and sign for professional samples and may distribute professional samples to patients as listed in the practice agreement, subject to federal and state regulations.  (G) Prescriptive authorization may be terminated by the board if an NP, CNM, or CNS with prescriptive authority has:  (1) not maintained certification in the specialty field;  (2) failed to meet the education requirements for pharmacotherapeutics;  (3) prescribed outside the scope of the practice agreement;  (4) violated a provision of Section 40-33-110; or  (5) violated any state or federal law or regulations applicable to prescriptions.  (H)(1) Nothing in this section may be construed to require a CRNA to obtain prescriptive authority to deliver anesthesia care.  (2) A CRNA shall practice pursuant to approved written guidelines developed with the supervising licensed physician or dentist or by the medical staff within the facility where practice privileges have been granted and must include, but are not limited to:  (a) the following general information:  (i) name, address, and South Carolina license number of the registered nurse;  (ii) name, address, and South Carolina license number of the supervising physician, dentist, or the physician director of anesthesia services or the medical director of the facility;  (iii) dates the guidelines were developed, and dates the guidelines were reviewed and amended;  (iv) physical address of the primary practice and any additional practice sites;  (b) these requirements for providing anesthesia services:  (i) documentation of clinical privileges in the institutions where anesthesia services are provided, if applicable;  (ii) copy of job description;  (iii) policies and procedures that outline the pre-anesthesia evaluation, induction, intra-operative maintenance, and emergence from anesthesia;  (iv) evidence of outcome evaluation for anesthesia services.  (3) The original and any amendments to the approved written guidelines must be reviewed at least annually, dated and signed by the CRNA and physician or dentist, and must be made available to the board for review within seventy-two hours of request. Failure to produce the guidelines is considered misconduct and subjects the licensee to disciplinary action. A random audit of approved written guidelines must be conducted by the board at least biennially.  (4) A person who changes primary practice settings or physician or dentist shall notify the board of this change within fifteen business days and provide verification of approved written guidelines. A CRNA who discontinues his or her practice shall notify the board within fifteen business days.  (5) The physician or dentist responsible for the supervision of a CRNA must be identified on the anesthesia record before administration of anesthesia.  (I)(1) For purposes of this subsection:  (a) "Telemedicine" has the same meaning as provided in Section 40-47-20(52).  (b) "Unprofessional conduct" has the same meaning as provided in Section 40-33-20(64).  (2) An APRN may perform medical acts via telemedicine pursuant to a practice agreement as defined in Section 40-33-20(45).  (3) An APRN who establishes a nurse-patient relationship solely by means of telemedicine shall adhere to the same standard of care as a licensee employing more traditional in-person medical care. Failure to conform to the appropriate standard of care is considered unprofessional conduct and may be subject to enforcement by the board.  (4) An APRN may not establish a nurse-patient relationship by means of telemedicine for the purpose of prescribing medication when an in-person physical examination is necessary for diagnosis.  (5) An APRN who establishes a nurse-patient relationship solely by means of telemedicine only may prescribe within a practice setting fully in compliance with this chapter and during an encounter in which threshold information necessary to make an accurate diagnosis is obtained in a medical history interview conducted by the prescribing licensee; provided, however, that Schedule II through V prescriptions are only permitted pursuant to a practice agreement as defined in Section 40-33-20(45) and nothing in this item may be construed to authorize the prescribing of medications via telemedicine that otherwise are restricted by the limitations in Section 40-47-37(C)(6) unless approved by a joint committee of the Board of Medical Examiners and the Board of Nursing.  (6) An APRN who establishes a nurse-patient relationship solely by means of telemedicine shall generate and maintain medical records for each patient using those telemedicine services in compliance with any applicable state and federal laws, rules, and regulations, including the provisions of this chapter, the Health Insurance Portability and Accountability Act (HIPAA), and the Health Information Technology for Economic and Clinical Health Act (HITECH). These records must be accessible to other practitioners and to the patient in a timely fashion when lawfully requested by the patient or his lawfully designated representative.  (7) The provisions of this subsection may not be construed to allow an APRN to perform services beyond the scope of what is authorized by Chapter 33, Title 40 and Chapter 47, Title 40.  HISTORY: 2004 Act No. 225, Section 1; 2008 Act No. 194, Section 2; 2018 Act No. 234 (S.345), Section 2, eff July 1, 2018; 2019 Act No. 87 (H.3821), Section 2, eff July 23, 2019; 2020 Act No. 139 (S.455), Section 6, eff May 26, 2020; 2021 Act No. 55 (S.503), Section 1, eff July 16, 2021.  Editor's Note  2019 Act No. 87, Section 1, provides as follows:  "SECTION 1. This act must be known and may be cited as the 'Advanced Practice Registered Nurse Act'."  2020 Act No. 139, Section 1, provides as follows:  "SECTION 1. This act must be known and may be cited as the 'Armed Services Members and Spouses Professional and Occupational Licensing Act'."  Effect of Amendment  2018 Act No. 234, Section 2, rewrote the section, revising the requirements for the performance of medical acts, allowing the performance of certain additional medical acts, revising the prescriptive authority of certain advanced practice registered nurses with respect to controlled substances and narcotics, and defining terms.  2019 Act No. 87, Section 2, in (D)(2), in (d), substituted ", certify the manner and cause of death, and sign death certificates pursuant to the provisions of Chapter 63, Title 44 and Chapter 8, Title 32" for "and sign death certificates", in (e) and (f), made nonsubstantive changes, and added (g); in (F)(1), in (e), added "or for patients residing in long-term care facilities" at the end, and in (f), inserted ", or for patients in long-term care facilities,".  2020 Act No. 139, Section 6, in (A)(3)(b), in the second sentence, inserted "a minimum of" following "must graduate with".  2021 Act No. 55, Section 1, in (D)(2), added (h), and made nonsubstantive changes.