H 4663 Session 110 (1993-1994)
H 4663 General Bill, By Kirsh, Bailey, Boan, J. Brown, B.H. Harwell and
D.C. Waldrop
Similar(S 1119)
A Bill to amend Section 40-37-90, Code of Laws of South Carolina, 1976,
relating to qualifications for registration as an optometrist, so as
prospectively to require therapeutic certification; to amend Section
40-37-103, relating to diagnostic and therapeutic examinations, so as to
delete the diagnostic category and to provide that they must be approved
rather than administered by the Board; to amend Section 40-37-210, relating to
procedures for taking and hearing complaints, so as to provide that hearing
notices may be sent by certified mail; to amend Section 40-37-290, relating to
office location and posting of registrations, so as to prohibit the Board from
restricting office location and the use of mobile units.
02/02/94 House Introduced and read first time HJ-14
02/02/94 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-14
03/29/94 House Tabled in committee
A BILL
TO AMEND SECTION 40-37-90, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR
REGISTRATION AS AN OPTOMETRIST, SO AS PROSPECTIVELY
TO REQUIRE THERAPEUTIC CERTIFICATION; TO AMEND
SECTION 40-37-103, RELATING TO DIAGNOSTIC AND
THERAPEUTIC EXAMINATIONS, SO AS TO DELETE THE
DIAGNOSTIC CATEGORY AND TO PROVIDE THAT THEY MUST
BE APPROVED RATHER THAN ADMINISTERED BY THE
BOARD; TO AMEND SECTION 40-37-210, RELATING TO
PROCEDURES FOR TAKING AND HEARING COMPLAINTS, SO
AS TO PROVIDE THAT HEARING NOTICES MAY BE SENT BY
CERTIFIED MAIL; TO AMEND SECTION 40-37-290, RELATING
TO OFFICE LOCATION AND POSTING OF REGISTRATIONS, SO
AS TO PROHIBIT THE BOARD FROM RESTRICTING OFFICE
LOCATION AND THE USE OF MOBILE UNITS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-37-90 of the 1976 Code is amended to read:
"Section 40-37-90. (A) A person is qualified to
receive a certificate of registration as a registered optometrist who:
(1) Has has a minimum of two academic years at an
accredited college or university;
(2) Was was graduated from an accredited school
or college of optometry which required four years' attendance and which
grants the degree of doctor of optometry (O.D.), provided all schools
and courses are approved by the board;
(3) Has has satisfactorily passed a
satisfactory an examination recognized by the board; or
(4)Has has passed the National Board of Optometry
Examination or an equivalent examination and has practiced for five
years in another state or states and is in good standing in the state in
which he was last actively engaged in the practice of optometry;
(5)(4) has satisfied all of the requirements to be
therapeutically certified as provided for in Section 40-37-103(B);
(5) Has has not been convicted of a felony
or misdemeanor involving moral turpitude, in which
case; the record of conviction or a certified copy
thereof of the conviction certified by the clerk of the
court in which the conviction occurred shall be is
conclusive evidence thereof of the conviction.
(B) Notwithstanding subsection (A)(4) an optometrist who
holds a valid registration or who is diagnostically certified pursuant to
Section 40-37-103(A) is not required to be therapeutically certified as
a condition of maintaining the registration or diagnostic certification or
obtaining renewal. However, if an optometrist's registration or
diagnostic certification is suspended or revoked and the optometrist
seeks to have the registration or certification reinstated, the optometrist
is required to comply with subsection (A)(4)."
SECTION 2. Section 40-37-103 of the 1976 Code, as added by Act 65
of 1993, is amended to read:
"Section 40-37-103. (A) The board shall certify a licensed
optometrist as a diagnostically certified optometrist if the optometrist
has:
(1) complied with the educational requirements promulgated by
the board; and
(2) passed a pharmaceutical agent examination which must be
administered approved by the board.
(B) The board shall certify a licensed optometrist as a therapeutically
certified optometrist if the optometrist has:
(1) satisfied the requirements for diagnostic certification;
(2) passed the Treatment and Management of Ocular Disease
Examination administered approved by the National
Board of Examiners in Optometry; and
(3) taken at least one hundred ten hours of board-approved
optometric education courses since December 31, 1988, and after
graduation from optometry school, of which at least forty hours must
have been clinical instruction specifically related to the diagnosis and
treatment of glaucoma and must have been taken under the supervision
of an ophthalmologist who must submit a written certification to the
Board of Examiners in Optometry that the optometrist has completed the
forty hours of clinical instruction required by this item.;
(4) submitted to the board an affidavit stating that the optometrist
has had at least twelve hundred hours of clinical training."
SECTION 3. Section 40-37-210 of the 1976 Code is amended to read:
"Section 40-37-210. (A) The board shall receive
complaints by any person against a licensed optometrist and shall
require the complaints a complaint to be submitted in
written form. Upon receipt of the complaint, the secretary or
such other another person as the president may
designate shall investigate the allegations in the complaint, and
make a report to the board concerning his the
investigation. If the board shall then desire to proceed
proceeds further, it may, in its discretion, file a formal
accusation charging the optometrist with a violation of a provision of
this chapter. The accusation shall must be signed by the
president or the vice-president on behalf of the board. When the
accusation is filed and the board shall set sets a date for
hearing thereon, the secretary of the board shall notify the
accused in writing not less fewer than thirty days
prior to before the hearing and a copy of the accusation
shall must be attached to the notice. The accused may
appear and show cause why his license should not be suspended or
revoked. The accused shall have has the right to be
confronted with and to cross-examine the witnesses against
him, and he shall have has the right to
counsel. For the purposes of such these hearings, the
board is empowered to require by subpoena the attendance of witnesses,
the production of documents, and to administer oaths and hear
testimony, either oral or documentary, for and against the accused. In
instances where a board member has made the initial investigation or
complaint, he shall the board member may not sit with
the board at the hearing of such the complaint.
(B) Such The notice required by
subsection (A) may be sent to the accused by registered
certified mail, return receipt requested, directed to his
the last mailing address furnished to the board. The post office
registration receipt signed by the accused, his the
accused's agent, or a responsible member of his the
accused's household, or office staff, or, if not
accepted by the person to whom addressed, the postal authority
stamped thereon stamp showing the notice `refused'
shall be is prima facie evidence of service of
such the notice.
(C) All investigations and proceedings undertaken under
the provisions of this chapter shall be are confidential.
Every communication, whether oral or written, made by or on behalf
of any a complainant to the board or its agents or
any a hearing panel or a member
thereof of a hearing panel, pursuant to this chapter
whether by way of complaint or testimony, shall be is
privileged; and no action or proceeding, civil or criminal, shall
lie may be brought against any such a
person, by whom or on whose behalf such the
communication shall have been was made, by reason
thereof."
SECTION 4. Section 40-37-290 of the 1976 Code is amended to read:
"Section 40-37-290. (A) Nothing in this chapter
shall may be construed to limit the number or to
prescribe or restrict the location of offices each individual
optometrist or group of optometrists may operate; however, mobile
units may not be used. Every optometrist must display a separate
registration certified by the board in each location in which he
the optometrist practices. Duplicate registrations may be
obtained from the board by filing an application on a form prescribed by
the board and paying the prescribed fees.
(B) Each office shall post in a conspicuous place the office
hours that will be maintained. Office hours shall must
be determined as those hours in which a licensed optometrist is actually
present on the premises. This section shall may not
prevent the office from being open for the purpose of accepting
appointments or payments or performing other duties that by law do not
require the presence of a licensed optometrist. Advertisements or any
other public announcement of office hours must specify those hours in
which a licensed optometrist is present on the premises.
Mobile units may be used. However, any optometrist practicing in
a mobile unit shall obtain a registration for such by the Board. Such unit
shall be limited to visiting and providing services to licensed health care
facilities within the State."
SECTION 5. In accordance with Section 1-20-60 of the 1976 Code,
the existence of the South Carolina Board of Examiners in Optometry
is reauthorized for six years.
SECTION 6. This act takes effect upon approval by the Governor.
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