South Carolina § 40-47-938 - Supervisory relationships.

§ 40-47-938. Supervisory relationships.

(A) A physician currently possessing an active, unrestricted permanent license to practice medicine under the provisions of this chapter, who accepts the responsibility to supervise a PA's activities, must enter into a supervisory relationship with a PA licensed pursuant to this article, subject to approval of scope of practice guidelines by the board. The physician must notify the board, in writing, of the proposed supervisory relationship and include the proposed scope of practice guidelines for the relationship. The PA may begin clinical practice with the named supervising physician and alternate physicians ten business days after the scope of practice guidelines have been submitted to the board and until a final determination is made by the board.

(B) A supervising physician may determine that there are additional medical acts, tasks, or functions for which a PA under the physician's supervision needs additional training or education to meet the needs of the physician's practice and that the physician would like to incorporate into the PA's scope of practice guidelines. The physician must determine, in consultation with the PA, the means of educating the PA, which may include training under the direct supervision of the physician, education, or certification of proposed practices or other appropriate educational methods. The physician must notify the board in writing of the requested changes to the PA's scope of practice guidelines and must provide documentation to the board of the competence of the PA to perform the additional medical acts, tasks, or functions. The PA may incorporate these additional medical acts, tasks, or functions into practice ten business days after the proposed changes have been submitted to the board and until a final determination is made by the board.

(C) The board shall review and determine whether to approve these proposed scope of practice guidelines or requested changes to the scope of practice guidelines within ten business days after receipt of notice from the supervising physician as required by subsections (A) and (B). If the board needs additional information or clarification, a physician member of the board must contact the supervisory physician within ten business days of receipt of the physician's notice. If the board requests additional information or clarification to consider approval of scope of practice guidelines or changes to these guidelines, the supervising physician shall provide it in a timely manner; and upon receipt, a determination regarding approval must be made within three business days. If the proposed scope of practice guidelines or proposed changes, or a portion thereof, is disapproved by the board, then the board must provide a written explanation for its determination and a suggested remedy if possible. Upon receipt of the board's determination, the supervising physician and PA must practice in accordance with the board's determination.

(D) If a PA is to be employed by a hospital system or provider group with a credentialing committee, then the credentialing committee may begin the credentialing process necessary to employ the PA upon submittal of the proposed scope of practice guidelines to the board.

(E) A physician and a PA beginning practice pursuant to this section under a proposed scope of practice guidelines or proposed changes to a scope of practice guidelines ten business days after submittal to the board, but before a determination is made by the board, must not be subject to any disciplinary action for beginning practice.

HISTORY: 2013 Act No. 28, SECTION 1, eff May 21, 2013; 2019 Act No. 32 (S.132), SECTION 2, eff August 11, 2019.

Effect of Amendment

2019 Act No. 32, SECTION 2, substituted "PA's" and "PA" for "physician assistant's" and "physician assistant" throughout the section; in (A), in the third sentence, substituted "The PA" for "Upon receipt of board approval, the physician assistant", and inserted "ten business days after the scope of practice guidelines have been submitted to the board and until a final determination is made by the board" at the end; in (B), in the fourth sentence, substituted "The PA" for "Upon receipt of board approval of the requested changes, the physician assistant" and inserted "ten business days after the proposed changes have been submitted to the board and until a final determination is made by the board" at the end; in (C), in the third sentence, substituted "three business days" for "ten business days", and added the fourth and fifth sentences; and added (D) and (E).