Over the last century, the nursing profession has evolved into what is now the largest workforce in the healthcare sector. With the diversity of roles and duties that exist today, it's important for facility leaders to learn about state regulations that govern nursing practice. In South Carolina (SC), Nurse Practice Act (NPA) provisions outline rules that nursing professionals must follow in order to meet the highest standards of care.
Familiarizing yourself with the NPA can help you to enforce appropriate practice protocols for your staff and keep your patients safe. We'll provide an overview of the South Carolina Nurse Practice Act and provide tips on how to promote compliance.
SC Nurse Practice Act at a Glance
The South Carolina Nursing Practice Act contains key provisions that regulate how registered nurses (RNs), advanced practice registered nurses (APRNs), licensed practical nurses (LPNs), and unlicensed assistive personnel (UAPs) can practice within the state. Here's a table outlining sections that may be helpful to reference as you shape your facility's care protocols.
| SC Nurse Practice Act: Summary of Key Laws | |
|---|---|
| SC State Nurse Practice Act Legal Authorities | SC Code of Laws, Title 40, Chapter 33:Sections 40-33-5 to 40-33-1365South Carolina Code of State Regulations, Chapter 91:Articles 91-1 to 91-33 |
| Nursing Licensure Requirements | To obtain a registered nurse (RN) license in South Carolina, applicants must either pass the NCLEX examination or receive an endorsement if they’re transferring an existing license from another state.The steps forlicensure by examinationare as follows:In-state graduates must send aneducation endorsementform signed by an accredited school of nursing; out-of-state applicants must send official transcripts to the Board of Nursing.Submit all application formsvia mail or online.Register for and pass the NCLEX exam.Complete a background check.The steps forlicensure by endorsementare as follows:Submit all application formsvia mail or online.Complete all requiredcompetency requirements.Verify license viaNURSYS.Complete a background check.More information about licensure renewal can be found on theSC Board of Nursing’s website. |
| Scope of Practice Guidelines | UnderSection 40-33-20of the Nurse Practice Act, South Carolina facilities and nurses must follow these general scope of practice guidelines:TheSC RN scope of practiceincludes patient care tasks requiring nursing judgment and varies based on the educational preparation and demonstration of competencies of each nurse.TheSC APRN scope of practiceincludes any activities within the practice of registered nursing or advanced practice and nonmedical acts like population health management, quality improvement, healthcare research, and data analysis. The APRN scope of practice can also include specified medical acts based on awritten practice agreementwith a physician or medical staff.TheSC LPN scope of practiceincludes nursing knowledge, judgment, and skills, but these acts must be performed under the supervision of an APRN, RN, physician, dentist, or other practitioner authorized by law. |
| Delegation of Duties | According toSection 40-33-42, an APRN, RN, or LPN is responsible for the delegation and supervision of nursing tasks to unlicensed assistive personnel (UAP).Facilities are responsible for outlining what tasks can be assigned to a UAP, but these tasks must fall under their demonstrated competencies. Examples of tasks that can be performed by a UAP include:Helping patients with personal hygiene.Aiding patients with meals.Ambulating patients.Helping patients with bathroom needs.Taking vital signs.Documenting completed tasks.As stated inSection 40-47-196, unlicensed assistive personnel areNOTauthorized to administer medications, unless specified by other laws. |
| Penalties | UnderSection 40-1-200, anyone who practices or offers to practice in violation of the NPA or uses false information to obtain a license is guilty of a misdemeanor. This can result in up to1 year in prisonor up to$50,000 in fines.The Board of Nursing can also take other disciplinary actions involving licenses as appropriate. This may include actions like license suspension, revocation, or educational remediation.UnderSection 40-33-111, employers who identify misconduct must report it to the Board of Nursing within 15 business days. Any supervisor who fails to report misconduct in a timely manner may face fines of up to$1,000 per violation. |
| Nurse Licensure Compact (NLC) State? | SCispart of theNLC, meaning that nurses within the statecan practiceaccording to rules and guidelines established by the NLC. |
Improving NPA Compliance: 3 Tips for Facilities
Now that you've learned what's in the SC Nurse Practice Act, you're probably wondering how you can support compliance at your facility. Follow these tips to help your nursing staff stay informed and deliver safe care.
1. Establish Facility-Level Delegation Guidelines
According to the SC Nurse Practice Act, facilities are responsible for defining which tasks should be delegated to UAPs. It's important to have a clear protocol in place and train your nursing staff so that they avoid delegating tasks outside of a UAP's skill set. You can stay up to date on relevant policies impacting scope of practice through the Board of Nursing's website.
2. Implement a System to Report Misconduct
Facility leaders are accountable for reporting misconduct to the Board of Nursing. To keep your patients safe and avoid civil penalties, create a structured reporting system that all of your nursing staff are aware of.
For example, should nurse managers relay cases up the chain of command at your facility or file a complaint directly with the Board of Nursing? All relevant staff should know exactly when and how suspected cases of misconduct should be handled.
3. Provide Resources to Facilitate Continuing Education (CE)
South Carolina has strict guidelines for continuing education, requiring nurses to maintain competencies and demonstrate this during each license renewal period. To help your staff keep up with these requirements, provide resources to facilitate ongoing learning. Resources may include offering CE credits in your benefits package or sending out annual reminders and links to accredited nursing organizations.
Help Your Nursing Staff Maintain Compliance
The SC Nurse Practice Act is one of many types of regulations that dictate nursing practice. Need help keeping up with other state and federal guidelines? Our team of clinical and legal experts has developed hundreds of healthcare guides and resources to help your staff maintain compliance and deliver high-quality care.
Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.