South Carolina Nurse Practice Act: Facility Guide
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.
The SC Nurse Practice Act at a Glance
South Carolina’s NPA 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.
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| SC State Nurse Practice Act Legal Authorities | SC Code of Laws – Title 40, Chapter 33:
South Carolina Code of State Regulations, Chapter 91: |
| 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.
Steps to Receive Licensure by Examination:
Steps to Receive Licensure by Endorsement:
More information about licensure renewal can be found on the SC Board of Nursing’s website. |
| Scope of Practice Guidelines | Under Section 40-33-20 of the Nurse Practice Act, South Carolina facilities and nurses must follow these general scope of practice guidelines:
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| Delegation of Duties | According to Sec. 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:
As stated in Section 40-47-196, unlicensed assistive personnel are NOT authorized to administer medications, unless specified by other laws. |
| Penalties | Under Section 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 to 1 year of prison time or 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. Under Section 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? | SC is part of the NLC, meaning that nurses within the state can practice according 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? Learn more ways to help your staff maintain compliance and deliver quality care through IntelyCare’s free newsletter.
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.