reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-810. Third party reimbursement.

Nothing in this article may be construed to require third party reimbursement directly to an acupuncturist, auricular therapist, or auricular detoxification specialist for services rendered.
HISTORY: 2005 Act No. 10, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-905. Short title.

This article may be cited as the "South Carolina Physician Assistants Practice Act".
HISTORY: 2000 Act No. 359, Section 1; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
2019 Act No. 32, Section 2, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-910. Definitions.

As used in this article:
(1) "Alternate physician supervisor" or "alternate supervising physician" means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who accepts the responsibility to supervise a PA's activities in the absence of the supervising physician and this physician is approved by the physician supervisor in writing in the scope of practice guidelines.
(2) "Board" means the Board of Medical Examiners of South Carolina.
(3) "Committee" means the Physician Assistant Committee as established by this article as an advisory committee responsible to the board.
(4) "Immediate consultation" means a supervising physician must be available for direct communication by telephone or other means of telecommunication.
(5) "NCCPA" means the National Commission on Certification of Physician Assistants, Inc., the agency recognized to examine and evaluate the education of PAs, or its successor organization as recognized by the board.
(6) "Physician assistant" or "PA" means a health care professional licensed to assist in the practice of medicine with a physician supervisor.
(7) "Physician supervisor" or "supervising physician" means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who is approved to serve as a supervising physician. The physician supervisor is the individual who is responsible for supervising a PA's activities.
(8) "Supervising" means overseeing the activities of, and accepting responsibility for, the medical services rendered by a PA as part of a physician-led team in a manner approved by the board.
HISTORY: 2000 Act No. 359, Section 1; 2006 Act No. 244, Section 1; 2013 Act No. 28, Section 2, eff May 21, 2013; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
The 2013 amendment added subsection (4), the definition of "Immediate consultation"; redesignated former subsections (4) through (7) as (5) through (8); in subsection (7), substituted "three full-time equivalent physician assistants" for "two physician assistants"; and in subsection (8), inserted "as part of a physician-led team".
2019 Act No. 32, Section 2, in (1), substituted "PA's" for "physician assistant's"; in (5), substituted "PAs" for "physician assistants"; in (6), inserted "or 'PA'"; in (7), in the first sentence, deleted "for no more than three full-time equivalent physician assistants" at the end, and in the second sentence, substituted "PA's" for "physician assistant's"; and in (8), substituted "PA" for "physician assistant".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-915. Application of article.

This article does not apply to a person:
(1) who is employed as a PA by the United States Government, where such services are provided solely under the direction or control of the United States Government;
(2) pursuing a course of study leading to a degree or certificate to practice as a physician assistant in a program accredited by the Accreditation Review Commission on Education for the Physician Assistant, or its successor agency, provided, however, the person must be clearly identified by a badge or other adornment with that person's name and the words "Physician Assistant Student" clearly legible. The badge or adornment must be at least one inch by three inches in size.
HISTORY: 2000 Act No. 359, Section 1; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
2019 Act No. 32, Section 2, in (1), substituted "PA" for "physician assistant"; in (2), substituted "accredited by the Accreditation Review Commission on Education for the Physician Assistant, or its successor agency, provided," for "approved by the Commission on Accreditation of Allied Health Education Programs or its successor agency, where such activities and services constitute a part of a supervised course of study;"; and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-920. Authority to employ staff.

The Director of the Department of Labor, Licensing and Regulation may employ additional staff as necessary for the performance of the department's duties under this article.
HISTORY: 2000 Act No. 359, Section 1; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
2019 Act No. 32, Section 2, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-925. Physician Assistant Committee; membership; term; filling vacancies; meetings; duty to receive and account for monies collected under article.

(A) There is created the Physician Assistant Committee as an advisory committee to the board which consists of nine members to be appointed by the Board of Medical Examiners. Three of the members must be licensed PAs with a minimum of three years of patient care experience in this State. Two members must be consumers, and three members must be physicians who are licensed to practice in this State. Of the three physician members, at least two must regularly supervise a PA. One member of the Board of Medical Examiners shall serve on the committee ex officio. All organizations, groups, or interested individuals may submit recommendations to the board of at least two individuals for each position to be filled on the committee.
(B) The members shall serve for terms of four years and until their successors are appointed and qualify, except the initial term of two PAs, the consumer member, and one physician are for two years. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The board, after notice and opportunity for hearing, may remove any member of the committee for negligence, neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. Members of the committee shall receive mileage, subsistence, and per diem as provided by law for members of state boards, commissions, and committees for each meeting attended. No member may serve more than two full four-year terms consecutively, but may be eligible for reappointment four years from the date the last full four-year term expired.
(C) The committee shall meet at least two times yearly and at other times as may be necessary. A quorum for all meetings shall consist of five members. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairman, vice chairman, and secretary to serve for a term of one year.
(D) The committee shall receive and account for all monies under the provisions of this article and shall pay all monies collected to the board for deposit with the State Treasurer as provided for by law.
HISTORY: 2000 Act No. 359, Section 1; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
2019 Act No. 32, Section 2, in (A), in the second sentence, substituted "PAs" for "physician assistants", and in the fourth sentence, substituted ""at least two must regularly supervise a PA" for "at lease one must regularly employ a physician assistant"; in (B), in the first sentence, substituted "PAs" for "physician assistants"; and in (C), in the third sentence, substituted "vice chairman" for "vice-chairman".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-930. Powers and duties of committee and board.

(A) The committee shall evaluate the qualifications for licensure and make recommendations to the board.
(B) The board may issue subpoenas, examine witnesses, and administer oaths and may investigate allegations of practices violating the provisions of this article.
(C) The committee:
(1) may recommend regulations to the board relating to professional conduct to carry out the provisions of this article including, but not limited to, professional certification and the establishment of ethical standards of practice for persons holding a license to practice as PAs in this State;
(2) shall conduct hearings and keep records and minutes necessary to carry out its functions;
(3) shall provide notice of all hearings authorized under this article pursuant to the Administrative Procedures Act;
(4) shall determine the qualifications and make recommendations regarding the issuance of licenses to qualified PAs;
(5) shall recommend to the board whether to issue or renew licenses under those conditions prescribed in this article;
(6) may recommend requirements to the board for continuing professional education of PAs to the board;
(7) shall keep a record of its proceedings and a register of all licensees, including their names and last known places of employment and residence. The board shall annually compile and make available a list of PAs authorized to practice in this State. An interested person may obtain a copy of this list upon application to the board and payment of an amount sufficient to cover the cost of printing and mailing;
(8) shall report annually to the board on duties performed, actions taken, and recommendations;
(9) shall hear disciplinary cases and recommend findings of fact, conclusions of law, and sanctions to the board. The board shall conduct a final hearing at which it shall make a final decision; and
(10) shall perform such duties and tasks as may be delegated to the committee by the board.
HISTORY: 2000 Act No. 359, Section 1; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
2019 Act No. 32, Section 2, in (A), deleted "and supervise the examinations of applicants" following "evaluate the qualifications"; and in (C), substituted "PAs" for "physician assistants" throughout, and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-940. Application for license; compliance with Section 40-47-938.

A license application must be submitted to the board on forms supplied by the board. The application must be complete in every detail before licensure may be granted and must be accompanied by a nonrefundable fee, provided, however, that a PA may not practice until the supervising physician and PA comply with the requirements of Section 40-47-938.
HISTORY: 2000 Act No. 359, Section 1; 2006 Act No. 244, Section 3; 2013 Act No. 28, Section 3, eff May 21, 2013; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
The 2013 amendment, in subsection (A), substituted "before licensure may be granted" for "before it may be approved".
2019 Act No. 32, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-945. Conditions for granting permanent license.

Except as otherwise provided in this article, an individual shall obtain a permanent license from the board before the individual may practice as a PA. The board shall grant a permanent license as a PA to an applicant who has:
(1) submitted a completed application on forms provided by the board;
(2) paid the nonrefundable application fees established in this article;
(3) successfully completed an educational program for PAs approved by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor organization;
(4) successfully passed the PA National Certifying Examination administered by the National Commission on the Certification of Physician Assistants (NCCPA) and provided documentation that the applicant possesses a current, active NCCPA certificate;
(5) certified that the applicant is mentally and physically able to engage safely in practice as a PA;
(6) no licensure, certificate, or registration as a PA under current discipline, revocation, suspension, probation, or investigation for cause resulting from the applicant's practice as a PA;
(7) good moral character; and
(8) submitted to the board other information the board considers necessary to evaluate the applicant's qualifications, participated in an interview if requested by the board, or both.
HISTORY: 2000 Act No. 359, Section 1; 2006 Act No. 244, Section 4; 2013 Act No. 28, Section 4, eff May 21, 2013; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
The 2013 amendment, in subsection (A)(9), deleted "the applicant's supervising physician and" before "all original diplomas and certificates"; in subsection (B), deleted "with the applicant's supervising physician and scope of practice guidelines" following "board member or board designee"; and deleted the second sentence in subsection (C), relating to on-the-job training.
2019 Act No. 32, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-950. Limited PA license; conditions for issuance; duration; responsibilities of supervising physician.

(A) The board may issue a limited PA license to an applicant who has:
(1) submitted a completed application on forms provided by the board;
(2) paid the nonrefundable application fees established by this regulation;
(3) successfully completed an educational program for PAs approved by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor organization;
(4) not previously failed two consecutive NCCPA certifying examinations and has registered for, or intends to register to take the next offering of, the NCCPA examination;
(5) certified that the applicant mentally and physically is able to engage safely in practice as a PA;
(6) no licensure, certificate, or registration as a PA under current discipline, revocation, suspension, probation, or investigation for cause resulting from the applicant's practice as a PA;
(7) good moral character;
(8) submitted to the board any other information the board considers necessary to evaluate the applicant's qualifications; and
(9) appeared before a board member or board designee if requested by the board with any documents requested by the board and demonstrated knowledge of the contents of this article.
(B) A limited license is not renewable and is valid only until the results of a limited licensee's two consecutive NCCPA certifying examinations are reported to the board. When a limited licensee has failed two consecutive NCCPA certifying examinations, or fails one exam and does not take the NCCPA certifying examination at the next opportunity or, after applying for a limited license, fails to register for the next offering of the examination, the limited license immediately is void and the applicant is no longer eligible to apply for further limited licensure.
(C) The supervising physician of a limited licensee physically must be present on the premises at all times when the limited licensee is performing a task.
HISTORY: 2000 Act No. 359, Section 1; 2006 Act No. 244, Section 5; 2013 Act No. 28, Sections 5, 6, eff May 21, 2013; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
The 2013 amendment, in subsection (A)(9), deleted "the applicant's supervising physician and" before "all original diplomas and certificates"; and in subsection (C), deleted the second sentence, relating to on-the-job training.
2019 Act No. 32, Section 2, substituted "PA" and "PAs" for "physician assistant" and "physician assistants" throughout; in (A), in (9), substituted "if requested by the board with any documents requested by the board" for "with all original diplomas and certificates", deleted (10), and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-955. Scope of PA's practice; physical presence requirements of supervising physician; practices in separate locations.

(A) The supervising physician is responsible for all aspects of the PA's practice. Supervision must be continuous but must not be construed as necessarily requiring the physical presence of the supervising physician at the time and place where the services are rendered, except as otherwise required for limited licensees. The supervising physician shall identify the PA's scope of practice and determine the delegation of medical acts, tasks, or functions. Medical acts, tasks, or functions must be defined in written scope of practice guidelines which must be appropriate to the PA's ability and knowledge.
(B) Pursuant to scope of practice guidelines, a PA may:
(1) practice in a public place, a private place, or a facility where the supervising physician regularly sees patients; and
(2) make house calls, perform hospital duties, perform telemedicine, and perform any functions performed by the supervising physician if the PA is also qualified to perform those functions.
(C) A PA who has less than two years continuous practice or who is changing specialties may not practice at a location off site from the supervising physician until the PA has sixty days clinical experience on-site with the supervising physician. This sixty-day requirement, or a portion thereof, may be waived by the supervising physician in writing on a form approved by the board and submitted to the board. The supervising physician or alternate must review, initial, and date the offsite physician assistant's charts periodically as specified in the written scope of practice guidelines to ensure quality of care and patient safety.
HISTORY: 2000 Act No. 359, Section 1; 2006 Act No. 244, Section 6; 2013 Act No. 28, Section 7, eff May 21, 2013; 2018 Act No. 234 (S.345), Section 8, eff July 1, 2018; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
The 2013 amendment, in subsection (A), substituted "defined in written scope of practice guidelines" for "defined in approved written guidelines"; and rewrote subsections (B) through (D).
2018 Act No. 234, Section 8, rewrote (B), including telemedicine in the scope of physician assistants' practice.
2019 Act No. 32, Section 2, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-960. Scope of practice guidelines; signature and filing requirements; contents.

(A) A PA practicing at all sites shall practice pursuant to written scope of practice guidelines signed by all supervisory physicians and the PA. Copies of the guidelines must be on file at all practice sites. The guidelines shall include at a minimum the:
(1) name, license number, and practice addresses of all supervising physicians;
(2) name and practice address of the PA;
(3) date the guidelines were developed and dates they were reviewed and amended;
(4) medical conditions for which therapies may be initiated, continued, or modified;
(5) treatments that may be initiated, continued, or modified;
(6) drug therapy, if any, that may be prescribed with drug-specific classifications; and
(7) situations that require direct evaluation by or immediate referral to the physician, including Schedule II controlled substance prescription authorization as provided for in Section 40-47-965.
(B) In a hospital practice setting, a list of alternate supervising physicians may be submitted to the board without the signatures of the alternate supervising physicians.
HISTORY: 2000 Act No. 359, Section 1; 2013 Act No. 28, Section 8, eff May 21, 2013; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
The 2013 amendment, in subsection (7), added the text at the end relating to Schedule II controlled substance prescriptions.
2019 Act No. 32, Section 2, inserted the (A) identifier; in (A), in the first sentence, substituted "PA" for "physician assistant" in two places, and in (2), substituted "PA" for "physician assistant"; and added (B).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-970. Limitations on permissible medical act, task, or function PA may perform.

A PA may not:
(1) perform a medical act, task, or function which has not been listed approved on the scope of practice guidelines;
(2) prescribe drugs, medications, or devices not specifically authorized by the supervising physician and documented in the written scope of practice guidelines;
(3) prescribe, under any circumstances, controlled substances in Schedule II except as authorized in Section 40-47-965;
(4) perform a medical act, task, or function that is outside the usual practice of the supervising physician or outside the supervising physician's training or experience unless the board approves an exception pursuant to Section 40-47-195(D)(1)(d).
HISTORY: 2000 Act No. 359, Section 1; 2006 Act No. 244, Section 8; 2013 Act No. 28, Section 10, eff May 21, 2013; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
The 2013 amendment, in subsection (3), inserted "except as authorized in Section 40-47-965".
2019 Act No. 32, Section 2, in the first undesignated paragraph, substituted "PA" for "physician assistant"; in (1), deleted "and" following "listed"; and in (4), inserted "or outside the supervising physician's training or experience unless the board approves an exception pursuant to Section 40-47-195(D)(1)(d)" at the end.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-975, 40-47-980. Repealed by 2013 Act No. 28, Section 12, eff May 21, 2013.

Editor's Note
Former Section 40-47-975 was titled On-the-job training requests and was derived from 2000 Act No. 359, Section 1.
Former Section 40-47-980 was titled Treatment of patients in chronic care and long-term care facilities and was derived from 2000 Act No. 359, Section 1; 2006 Act No. 244, Section 9.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-985. Inspection of office or facility employing physician assistant.

The board or a person designated by the board may make unscheduled inspections of any office or facility employing a PA.
HISTORY: 2000 Act No. 359, Section 1; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
2019 Act No. 32, Section 2, substituted "PA" for "physician assistant".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-990. Identification as PA; badge size and content.

A PA must clearly identify himself as a PA to ensure that the PA is not mistaken or misrepresented as a physician. A PA shall wear a clearly legible identification badge or other adornment of at least one inch by three inches in size bearing the PA's name and the words "Physician Assistant", "PA-C", or "PA".
HISTORY: 2000 Act No. 359, Section 1; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
2019 Act No. 32, Section 2, substituted "PA" for "physician assistant" throughout; in the first sentence, deleted "or herself" following "identify himself"; and in the second sentence, substituted "PA's name and the words 'Physician Assistant', 'PA-C', or 'PA'" for "physician assistant's name and the words 'Physician Assistant'".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-995. Termination of supervisory relationship; notice to board.

If the supervisory relationship between a PA and the supervising physician is terminated for any reason, the PA and the supervising physician shall inform the board immediately in writing of the termination, including the reasons for the termination. The approval of the practice setting terminates coterminous with the termination of the relationship, and practice shall cease until new scope of practice guidelines are submitted by a supervising physician and are approved by the board. After notification to the board, a current alternate supervising physician for the PA may serve as the supervising physician under the existing scope of practice guidelines, for a period not to exceed ninety days, until a new supervising physician is designated and new scope of practice guidelines are approved.
HISTORY: 2000 Act No. 359, Section 1; 2013 Act No. 28, Section 11, eff May 21, 2013; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
The 2013 amendment substituted "new scope of practice guidelines are submitted" for "a new application is submitted".
2019 Act No. 32, Section 2, in the first sentence, substituted "PA" for "physician assistant" in two places, and added the third sentence.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1000. Unlicensed person holding himself out as PA; penalty; investigation; desist and refrain order; injunction; privileged communications; due process rights of respondent protected.

(A) It is unlawful for a person who is not licensed under this article to hold himself out as a PA. A person who holds himself out as a PA without being licensed under this article, during a period of suspension, or after his license has been revoked by the board is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than ninety days, or both.
(B) For the purpose of any investigation or proceeding under the provisions of this article, the board or a person designated by the board may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the board considers relevant to the inquiry.
(C) If the board has sufficient evidence that a person is violating a provision of this article, the board, in addition to all other remedies, may order the person to immediately desist and refrain from this conduct. The board may apply to an administrative law judge as provided under Article 5, Chapter 23, Title 1 for an injunction restraining the person from this conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.
(D) Investigations and disciplinary proceedings under this article must be conducted in accordance with the provisions of Article 1.
(E) No provision of this article may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law or prohibiting the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.
HISTORY: 2000 Act No. 359, Section 1; 2006 Act No. 244, Section 10; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
2019 Act No. 32, Section 2, in (A), in the first and second sentences, substituted "PA" for "physician assistant"; and in (C), substituted "Article 5, Chapter 23, Title 1" for "Article 5 of Chapter 23 of Title 1".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1005. Misconduct mandating revocation or denial of license.

Misconduct constituting grounds for revocation, suspension, probation, reprimand, restrictions, or denial of a license must be found when a PA:
(1) has knowingly allowed himself or herself to be misrepresented as a physician;
(2) has filed or has had filed on his or her behalf with the board any false, fraudulent, or forged statement or documents;
(3) has performed any work assignment, task, or other activity which is not on the PA scope of practice guidelines;
(4) misuses alcohol or drugs to such a degree to render him or her unfit to practice as a PA;
(5) has been convicted of a felony or a crime involving moral turpitude or drugs;
(6) has sustained any physical or mental disability which renders further practice dangerous to the public;
(7) has engaged in any dishonorable or unethical conduct that is likely to deceive or harm patients;
(8) has used or made any false or fraudulent statement in any document connected with practice or licensure as a PA;
(9) has obtained or assisted another person in obtaining fees under dishonorable, false, or fraudulent circumstances;
(10) has violated or conspired with another person to violate any provision of this article; or
(11) otherwise demonstrates a lack of the ethical or professional competence required to act as a PA.
HISTORY: 2000 Act No. 359, Section 1; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
2019 Act No. 32, Section 2, substituted "PA" for "physician assistant" throughout the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1010. Renewal of license.

A license issued pursuant to this chapter may be renewed biennially or as otherwise provided by the board and department. A person who has not demonstrated continuing education, as required by this article, is not eligible for issuance or renewal of an authorization to practice.
HISTORY: 2000 Act No. 359, Section 1; 2006 Act No. 244, Section 11; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
2019 Act No. 32, Section 2, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1015. Fees for licensure.

(A) Fees for PA licensure are established as follows:
(1) initial licensing fee, not to exceed five hundred dollars;
(2) renewal of license fee, not to exceed one hundred fifty dollars;
(3) late renewal fee, not to exceed the renewal fee doubled; and
(4) reactivation application fee, not to exceed two hundred dollars.
(B) Fees may be adjusted biennially pursuant to Section 40-1-50 to ensure that they are sufficient but not excessive to cover expenses including the total of the direct and indirect costs to the State for the operations of the committee.
HISTORY: 2000 Act No. 359, Section 1; 2006 Act No. 244, Section 12; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
2019 Act No. 32, Section 2, in (A), substituted "PA" for "physician assistant", deleted (5) and (6), which related to a change in supervisor fee and additional primary supervisor for dual employment fee, and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1020. Third party reimbursement to PA.

Nothing in this article may be construed to require third party reimbursement directly to a PA for services rendered.
HISTORY: 2000 Act No. 359, Section 1; 2019 Act No. 32 (S.132), Section 2, eff August 11, 2019.
Effect of Amendment
2019 Act No. 32, Section 2, substituted "PA" for "physician assistant".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1210. Definitions.

As used in this article:
(1) "Anesthesiologist" means a physician who has successfully completed an approved anesthesiology training program including, but not limited to, a program approved by the Accreditation Committee on Graduate Medical Education, American Osteopathic Association, or its equivalent or successor.
(2) "Anesthesiologist's assistant" means an allied health graduate of an accredited anesthesiologist's assistant program who is currently certified by the National Commission for Certification of Anesthesiologist's Assistants and who works under the direct supervision of an anesthesiologist who is immediately available in the operating suite and is physically present during the most demanding portions of the anesthetic including, but not limited to, induction and emergence.
(3) "Board" means the Board of Medical Examiners of South Carolina.
(4) "Committee" means the Anesthesiologist's Assistant Committee as established by this article as an advisory committee responsible to the board.
(5) "NCCAA" means the National Commission on Certification of Anesthesiologist's Assistants, Inc., the agency recognized to examine and evaluate the education of anesthesiologist's assistants, or its successor organization as recognized by the board.
(6) "Sponsoring anesthesiologist" means the physician specialist in anesthesiology who signs the anesthesiologist's assistant's application for licensure. The sponsoring anesthesiologist must be a South Carolina licensed physician currently possessing an active, unrestricted license to practice medicine in this State who practices in the medical specialty of anesthesiology, approved by the Accreditation Committee on Graduate Medical Education, or its equivalent or successor. The sponsoring anesthesiologist also may be the supervising anesthesiologist.
(7) "Supervising anesthesiologist" means a South Carolina licensed physician currently possessing an active, unrestricted license to practice medicine in South Carolina who practices in the medical specialty of anesthesiology and has successfully completed a residency in anesthesiology, approved by the Accreditation Committee on Graduate Medical Education, American Osteopathic Association, or its equivalent or successor.
(8) "Supervision" means medically directing and accepting responsibility for the anesthesia services rendered by an anesthesiologist's assistant in a manner approved by the board. The supervising anesthesiologist must be in the hospital and in the anesthetizing or operative area such that he can be immediately available to participate directly in the care of the patient with whom the anesthesiologist's assistant and the anesthesiologist are jointly involved.
HISTORY: 2001 Act No. 57, Section 1; 2006 Act No. 321, Sections 1, 7.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1215. Application of this article.

This article does not apply to a person who is employed as an anesthesiologist's assistant by the United States Government, where such services are provided solely under the direction or control of the United States Government.
HISTORY: 2001 Act No. 57, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1220. Department of Labor staff.

The Director of the Department of Labor, Licensing and Regulation may employ additional staff as necessary for the performance of the department's duties under this article.
HISTORY: 2001 Act No. 57, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1225. Anesthesiologist's Assistant Committee.

(A) There is created the Anesthesiologist's Assistant Committee as an advisory committee to the Board of Medical Examiners which consists of nine members to be appointed by the board. Three of the members must be licensed anesthesiologist's assistants with a minimum of three years of patient care experience. Two members must be consumers and three members must be physicians who are licensed to practice in this State. Of the three physician members, at least one must regularly employ an anesthesiologist's assistant. One member of the Board of Medical Examiners shall serve on the committee ex officio, with full rights to participate and vote. All organizations, groups, or interested individuals may submit recommendations to the board of at least two individuals for each position to be filled on the committee.
(B) The members shall serve for terms of four years and until their successors are appointed and qualify, except the initial term of two anesthesiologist's assistants, the consumer member, and one physician are for two years. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The board, after notice and opportunity for hearing, may remove any member of the committee for negligence, neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. Members of the committee shall receive mileage, subsistence, and per diem as provided by law for members of state boards, commissions, and committees for each meeting attended. No member may serve more than two full four-year terms consecutively but may be eligible for reappointment four years from the date the last full four-year term expired.
(C) The committee shall meet at least two times yearly and at other times as may be necessary. A majority of the members currently serving, not less than two of whom must be physician members, constitutes a quorum. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairman, vice-chairman, and secretary to serve for a term of one year.
HISTORY: 2001 Act No. 57, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1230. Duties of Anesthesiologist's Assistant Committee.

(A) The committee shall evaluate the qualifications for licensure and make recommendations to the board.
(B) The committee:
(1) may recommend regulations to the board relating to professional conduct to carry out the provisions of this article including, but not limited to, professional certification and the establishment of ethical standards of practice for persons holding a license to practice as an anesthesiologist's assistant in this State;
(2) shall conduct hearings and keep records and minutes necessary to carry out its functions;
(3) shall provide notice of all hearings authorized under this article pursuant to the Administrative Procedures Act;
(4) shall determine the additional qualifications and make recommendations regarding the issuance of licenses to qualified anesthesiologist's assistants; however, these recommendations may not be less stringent than the requirements for national licensure;
(5) shall recommend to the board whether to issue or renew licenses under those conditions prescribed in this article;
(6) may recommend requirements to the board for continuing professional education of anesthesiologist's assistants;
(7) shall keep a record of its proceedings and a register of all licensees, including names and last known places of employment and residence. The board shall annually compile and make available a list of anesthesiologist's assistants authorized to practice in this State. An interested person may obtain a copy of this list upon application to the board and payment of an amount sufficient to cover the cost of printing and mailing;
(8) shall report annually to the board on duties performed, actions taken, and recommendations;
(9) shall hear disciplinary cases and recommend findings of fact, conclusions of law, and sanctions to the board. The board shall conduct a final order hearing at which it shall make a final decision;
(10) shall perform such duties and tasks as may be delegated to the committee by the board.
HISTORY: 2001 Act No. 57, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1235. Functions and duties of anesthesiologist's assistants.

Anesthesiologist's assistants may perform medical tasks and services within the framework of a written practice protocol developed for the anesthesiologist's assistant. Within this practice protocol the anesthesiologist's assistant, under the direction of the anesthesiologist may engage in these functions and duties:
(1) obtaining relevant preoperative health history by record or chart review and by direct contact with the patient in the preoperative period;
(2) presenting preoperative health information to the supervising anesthesiologist for the collaborative formulation of an anesthetic plan;
(3) performing initial acute cardio-pulmonary resuscitation in life-threatening situations as directed by a physician;
(4) initiating medically directed multi-parameter monitoring before anesthesia and in other acute care settings. Modalities that may be used include, but are not limited to, American Society of Anesthesiologists Standard Monitors, arterial and venous catheters, or any other current medically accepted modality. The anesthesiologist's assistant may obtain data from monitors or devices that are indicated and may initiate medically directed therapy. The anesthesiologist's assistant may administer drugs used in anesthetic practice by written protocol or as directed by the supervising anesthesiologist;
(5) using current advanced treatment modalities to effect the prescribed anesthetic plan during the procedure. These advanced treatment modalities may include, but are not limited to, basic and advanced airway interventions, including intubation of the trachea; administering intermittent vasoactive drugs, starting and adjusting vasoactive infusions, administering anesthetic, adjuvant, and accessory drugs; administering blood and blood products; and any other treatment modalities prescribed by the medically directing anesthesiologist and within the training and expertise of the anesthesiologist's assistant;
(6) supporting the patient upon emergence and recovery from an anesthetic by airway intervention or ventilatory support and administering any supportive medication and fluids;
(7) participating in administrative, educational, and research activities as appropriate.
An anesthesiologist's assistant may not present himself or herself as an anesthesiologist, any other type of physician, or a nurse anesthetist. The required nomenclature is: "Anesthesiologist's Assistant".
HISTORY: 2001 Act No. 57, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1245. Sponsoring anesthesiologist; protocol delineating services provided by anesthesiologist's assistant.

An anesthesiologist who agrees to act as the sponsoring anesthesiologist of an anesthesiologist's assistant shall adopt a written practice protocol that delineates the service that the anesthesiologist's assistant is authorized to provide and the manner in which the anesthesiologist will supervise the anesthesiologist's assistant. The anesthesiologist shall base the provisions of the protocol on consideration of relevant quality assurance standards, including being present at the most important times of the case and timely review of the patient's anesthesia record at appropriate times during the course of the anesthetic procedure. The protocol must be reviewed by the anesthesiologist at least once a year.
HISTORY: 2001 Act No. 57, Section 1; 2006 Act No. 321, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1250. Supervision of anesthesiologist's assistants.

An anesthesiologist's assistant shall practice only under the supervision of a physician who is actively and directly engaged in the clinical practice of medicine and meets the definition of being a supervising anesthesiologist. An anesthesiologist may not supervise more than two anesthesiologist's assistants at any one time.
HISTORY: 2001 Act No. 57, Section 1; 2006 Act No. 321, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1255. Anesthesiologist's assistants to practice pursuant to written protocol.

An anesthesiologist's assistant practicing at all sites shall practice pursuant to written scope of practice protocols signed by all supervising anesthesiologists and the anesthesiologist's assistant. Copies of the protocols must be on file at all practice sites. The protocols shall include at a minimum the:
(1) name, license number, and practice addresses of the sponsoring anesthesiologist;
(2) name and practice address of the anesthesiologist's assistant;
(3) date the protocol was developed and dates it was reviewed or amended;
(4) situations that require direct evaluation by or immediate referral to the anesthesiologist.
HISTORY: 2001 Act No. 57, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1260. Limitations on practice of anesthesiologist's assistants.

An anesthesiologist's assistant may not:
(1) perform a task which has not been listed and approved on the scope of the practice protocol currently on file with the board;
(2) prescribe drugs, medications, or devices of any kind.
HISTORY: 2001 Act No. 57, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1265. Inspections.

The board or a person designated by the board may make unscheduled inspections of any office or facility employing an anesthesiologist's assistant.
HISTORY: 2001 Act No. 57, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 47 - Physicians And Miscellaneous Health Care Professionals › Section 40-47-1270. Identification of anesthesiologist's assistants.

An anesthesiologist's assistant must clearly identify himself or herself as an anesthesiologist's assistant to ensure that the anesthesiologist's assistant is not mistaken or misrepresented as a physician. An anesthesiologist's assistant shall wear a clearly legible identification badge or other adornment at least one inch by three inches in size bearing the anesthesiologist's assistant's name and the words "Anesthesiologist's Assistant". Patients in facilities utilizing anesthesiologist's assistants must be informed when an anesthesiologist's assistant will be involved in their anesthesia care.
HISTORY: 2001 Act No. 57, Section 1.