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Code · South Carolina · Title 40 - PROFESSIONS AND OCCUPATIONS · CHAPTER 33 · Nurses

§ 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.

1,115 words·~5 min read·/sc/title-40-professions-and-occupations/chapter-33/nurses/40-33-20-2·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§ 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
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