H 4631 Session 110 (1993-1994)
H 4631(Rat #0597) General Bill, By Kirsh, Bailey, Boan, J. Brown, B.H. Harwell and
D.C. Waldrop
Similar(S 1121)
A Bill to amend Section 40-51-80, Code of Laws of South Carolina, 1976,
relating to examinations to practice podiatric medicine, so as to require the
Board to offer them twice annually; to amend Section 40-51-110, relating to
reciprocity, so as to provide for licensure reciprocity; to amend Section
40-51-130, relating to recording of license with county clerk of court, so as
to delete this requirement; to amend Section 40-51-160, relating to
disciplinary action by the Board, so as to authorize the Board to require
mental or physical examinations and access to records and to use them in
proceedings and to provide penalties for refusal to consent to these
examinations and access to records; to amend Section 44-7-70, relating to
reports by the State Board of Medical Examiners concerning disciplinary action
against physicians, so as to require such reports on podiatrists; to
reauthorize the Board of Podiatry Examiners for six years; to amend Section
40-51-30, as amended, relating to the Board of Podiatry, its members, terms,
and removal, so as to revise the procedures for nominating members and for
removal from office and to delete the provisions pertaining to a medical
consultant and a legal advisor to the Board; to provide for the expiration of
current Board terms, interim governance of the Board; and staggered terms for
new appointees; and to reauthorize the South Carolina State Board of
Dentistry, and the South Carolina Board of Examiners in Opticianry for six
years.-amended title
01/27/94 House Introduced and read first time HJ-6
01/27/94 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-7
02/17/94 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-6
03/24/94 House Amended HJ-27
03/24/94 House Read second time HJ-28
03/24/94 House Unanimous consent for third reading on next
legislative day HJ-28
03/25/94 House Read third time and sent to Senate HJ-2
03/29/94 Senate Introduced and read first time SJ-13
03/29/94 Senate Referred to Committee on Labor, Commerce and
Industry SJ-13
04/21/94 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-34
05/18/94 Senate Special order SJ-55
05/24/94 Senate Amended SJ-80
05/24/94 Senate Read second time SJ-87
05/25/94 Senate Special order SJ-311
05/26/94 Senate Read third time and returned to House with
amendments SJ-119
06/01/94 House Concurred in Senate amendment and enrolled HJ-275
06/02/94 Ratified R 597
09/26/94 Vetoed by Governor
01/17/95 House Veto sustained Yeas-64 Nays-49
(R597, H4631)
AN ACT TO AMEND SECTION 40-51-80, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO
PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE
BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND
SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO
PROVIDE FOR LICENSURE RECIPROCITY; TO AMEND SECTION
40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY
CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO
AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY
ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO
REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS
TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO
PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE
EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND
SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD
OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION
AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON
PODIATRISTS; TO REAUTHORIZE THE BOARD OF PODIATRY
EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-51-30, AS
AMENDED, RELATING TO THE BOARD OF PODIATRY, ITS
MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE
PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL
FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING
TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE
BOARD; TO PROVIDE FOR THE EXPIRATION OF CURRENT
BOARD TERMS, INTERIM GOVERNANCE OF THE BOARD; AND
STAGGERED TERMS FOR NEW APPOINTEES; AND TO
REAUTHORIZE THE SOUTH CAROLINA STATE BOARD OF
DENTISTRY, AND THE SOUTH CAROLINA BOARD OF
EXAMINERS IN OPTICIANRY FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
Examinations
SECTION 1. Section 40-51-80 of the 1976 Code is amended to read:
"Section 40-51-80. For the purposes of examination the board
shall use the National Board of Podiatry Examination and other practical or
oral examinations as the board considers necessary. The board shall offer
the required examinations at least twice annually. A successful applicant
who has completed all requirements is eligible for a certificate to practice
podiatric medicine."
Fees; reciprocity
SECTION 2. Section 40-51-110 of the 1976 Code is amended to read:
"Section 40-51-110. (A) Upon payment of a fee to be determined
by regulation of the board, a license may be issued to a podiatrist or a
chiropodist moving to this State from a state maintaining requirements for
the practice of podiatry or chiropody equal to the standard in this State and
extending the same reciprocal privileges to podiatrists or chiropodists in
this State. A podiatrist or chiropodist who has been practicing in a state for
a period of one year or more, who has been duly licensed by a state board,
and who has enjoyed during that time good professional repute, upon
presentation of proper credentials may be issued a license without
examination.
(B) The board may also grant a license without an examination to a
person residing or employed in the State who at the time of application is
licensed or certified by a similar board of another state whose standards, in
the opinion of the board, are not lower than those required by this chapter
or who has been practicing podiatry in another state and has qualifications
not lower than those required by this chapter, if the State in which the
person is licensed or certified or in which the person has been practicing
podiatry or chiropody extends the same reciprocal privileges to podiatrists
or chiropodists in this State."
Display of license
SECTION 3. Section 40-51-130 of the 1976 Code is amended to read:
"Section 40-51-130. A license must be conspicuously displayed
at the place of practice issued under this chapter within thirty days of its
issue."
Disciplinary actions; procedures; grounds
SECTION 4. Section 40-51-160 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 40-51-160. (A) The Board of Podiatry, if it has reason
to believe grounds exist, shall notify a licensee not less than thirty days
before a scheduled hearing of its intention to suspend or revoke the license
of the licensee. The notice must specify the alleged grounds for suspension
or revocation and offer the licensee reasonable opportunity to be heard in
answer to the allegations. The decision to suspend or revoke the license
must be by majority vote of the total membership of the board. A decision
of the board to revoke or suspend a license is subject to review by an
administrative law judge as provided under Article 5 of Chapter 23 of Title
1.
(B) A decision to suspend or revoke a license by the board is effective
upon delivery of a copy of the decision to the licensee, and a petition for
review by an administrative law judge is not a supersedeas. The grounds for
revocation or suspension of a license are a satisfactory showing to the
board that:
(1) a false, fraudulent, or forged statement or document has been used
or a fraudulent, deceitful, or dishonest act has been practiced by the holder
of a license in connection with a licensing requirement;
(2) the holder of a license has been convicted of a felony or other
crime involving moral turpitude, drugs, or gross immorality;
(3) the holder of a license is addicted to alcohol or drugs to such a
degree as to render the podiatrist unfit to practice podiatry;
(4) the holder of a license has been convicted of the illegal or
unauthorized practice of podiatry;
(5) the holder of a license has knowingly performed an act which in
any way assists an unlicensed person to practice podiatry;
(6) the holder of a license has sustained a physical or mental
disability which renders further practice by the podiatrist dangerous to the
public;
(7) the holder of a license has engaged in advertising for the practice
of podiatry in a manner that is deceptive or untruthful;
(8) the holder of a license is guilty of the performance of
dishonorable, unethical, or unprofessional conduct that is likely to deceive,
defraud, or harm the public;
(9) the holder of a license is guilty of the use of a false or fraudulent
statement in a document connected with the practice of podiatry;
(10) the holder of a license is guilty of obtaining fees or assisting in
obtaining fees under dishonorable, false, or fraudulent circumstances;
or
(11) the holder of a license has violated or attempted to violate,
directly or indirectly, or is assisting in or abetting the violation, or
conspiring to violate, a provision or term of the podiatry practice laws.
(C) In addition to all other remedies and actions incorporated in this
chapter, the license of a person adjudged mentally incompetent by a court
of competent jurisdiction is automatically suspended by the board until the
person is adjudged by a court of competent jurisdiction or in any other
manner provided by law as being restored to mental competency.
(D) In enforcing subsections (B)(3) and (6) the board upon reasonable
grounds may require a licensee or applicant to submit to a mental or
physical examination by physicians designated by the board. The results of
an examination are admissible in a hearing before the board,
notwithstanding a claim of privilege under any other provision of law. A
person who accepts the privilege of practicing podiatry in this State or who
files an application for a license to practice podiatry in this State is deemed
to have consented to submit to a mental or physical examination and to
have waived all objections to the admissibility of the results in a hearing
before the board upon the grounds of a privileged communication. If a
licensee or applicant fails to submit to an examination when properly
directed by the board, unless the failure was due to circumstances beyond
the person's control, the board shall enter an order automatically
suspending or denying the license pending compliance and further order of
the board. A licensee or applicant who is prohibited from practicing
medicine under this subsection must be afforded at reasonable intervals an
opportunity to demonstrate to the board the ability to resume or begin the
practice of podiatry with reasonable skill and safety to patients.
(E) In enforcing subsections (B)(3) and (6) the board upon reasonable
grounds may obtain records relating to the mental or physical condition of a
licensee or applicant including, but not limited to, psychiatric records; and
these records are admissible in a hearing before the board, notwithstanding
any other provision of law. A person who accepts the privilege of
practicing podiatry in this State or who files an application to practice
podiatry in this State is deemed to have consented to the board obtaining
these records and to have waived all objections to the admissibility of these
records in a hearing before the board upon the grounds of a privileged
communication. If a licensee or applicant refuses to sign a written consent
for the board to obtain these records when properly requested by the board,
unless the failure was due to circumstances beyond the person's control, the
board shall enter an order automatically suspending or denying the license
pending compliance and further order of the board. A licensee or applicant
who is prohibited from practicing podiatry under this subsection must be
afforded at reasonable intervals an opportunity to demonstrate to the board
the ability to resume or begin the practice of medicine with reasonable skill
and safety to patients."
Reporting of revocation of privileges to practice at a health care
facility
SECTION 5. Section 44-7-70 of the 1976 Code is amended to read:
"Section 44-7-70. (A) The medical staff chief or medical director
of a health care facility, as defined in Section 44-7-130, shall report in
writing to the State Board of Medical Examiners or the Board of Podiatry
Examiners the results of and the circumstances concerning an action
resulting in the revocation or suspension of or other limitation upon a
physician's or podiatrist's privileges to practice in that health care facility.
This report is not required in the case of :
(1) a nondisciplinary resignation by the physician or podiatrist;
however, a resignation occurring after an incident or occurrence which
could result in the revocation or suspension of or other limitation upon the
physician's or podiatrist's privileges must be reported;
(2) a minor disciplinary action regarding the physician's or podiatrist's
privileges in that health care facility when the action taken does not involve
the revocation or suspension of or other limitation upon the physician's or
podiatrist's privileges to practice there;
(3) a disciplinary action resulting from the physician's or podiatrist's
failure to meet recordkeeping standards;
(4) a disciplinary action resulting from the physician's or podiatrist's
failure to attend meetings; or
(5) other disciplinary actions as defined by regulation promulgated by
the State Board of Medical Examiners or the Board of Podiatry
Examiners.
(B) A person making the report required by this section is immune from
criminal and civil liability in making the report, if the report is made in
good faith and without malice."
Podiatry Board reauthorized
SECTION 6. In accordance with Section 1-20-60 of the 1976 Code, the
existence of the Board of Podiatry Examiners is reauthorized for six
years.
Board established procedures for election and appointment of
members
SECTION 7. Section 40-51-30 of the 1976 Code, as last amended by Act
28 of 1993, is further amended to read:
"Section 40-51-30.
(A) There is created the Board of Podiatry Examiners to be composed of
five members, appointed by the Governor with the advice and consent of
the Senate, one of whom must be a lay member from the State at large, one
of whom must be a podiatrist from the State at large, and three of whom
must be podiatrists, one from each of these districts:
(1) the Upper District comprised of Oconee, Pickens, Anderson,
Greenville, Spartanburg, Cherokee, Union, York, Chester, Fairfield,
Lancaster, Newberry, Saluda, Edgefield, McCormick, Greenwood,
Laurens, and Abbeville Counties;
(2) the Central District comprised of Kershaw, Chesterfield, Marlboro,
Darlington, Lee, Sumter, Clarendon, Richland, Calhoun, Orangeburg,
Lexington, Aiken, Barnwell, and Allendale Counties; and
(3) the Lower District comprised of Hampton, Jasper, Beaufort,
Colleton, Charleston, Dorchester, Bamberg, Berkeley, Williamsburg,
Georgetown, Florence, Horry, Marion, and Dillon Counties.
(B) The podiatrist at large and the lay member serve coterminously with
the appointing Governor and until their successors are appointed and
qualify. The board shall conduct an election to nominate three podiatrists
from each district to be submitted to the Governor for consideration for
appointment. The Governor shall appoint one podiatrist to represent each
district from among the nominees submitted for that district. The election
shall provide for participation by all podiatrists currently licensed and
residing in the district for which the nomination is being made. The
podiatrists elected must be residents of the district they represent, licensed,
and in good standing to practice podiatry in this State and actively engaged
in the practice of podiatry in this State. The elected members of the board
representing the three districts shall serve a four-year term. No member
may serve more than one term of office; however, a person appointed to fill
an unexpired portion of a term if reelected and reappointed may serve one
full term.
(C) Before January sixteenth in the year in which the term expires for a
member representing a district, a qualified podiatrist desiring to be a
candidate for the board must submit to the secretary of the board a
biography, a photograph, and a statement indicating a desire to be a
candidate for the board. The secretary shall prepare ballots for mailing to
all podiatrists licensed and residing in the district for which the nomination
is being made. The ballots must be in a form that makes tabulation quick
and easy and shall contain the names of the nominees in alphabetical order.
Enclosures to accompany the ballots shall include the envelope in which
the ballot is to be sealed and an envelope addressed to the secretary of the
board. The addressed envelope shall contain a statement headed
`information required' on which must be typed or printed the name of the
voter and a space for the voter's signature certifying that the voter:
(1) is the person whose name appears on the statement;
(2) is eligible to vote in this election;
(3) has personally cast the ballot.
(D) Ballots must be mailed by the secretary before April second to the
last known mailing address of all podiatrists residing in the district for
which the nomination is being made and must be returned to the secretary
postmarked before May second and received by the office before May
eleventh. The secretary of the board shall certify in the presence of an
employee of the Department of Labor, Licensing, and Regulation who is
not employed by the board that the ballots are true and valid. (E) Before June second the board shall certify in writing to the
Governor the names of the three persons winning the election and the name
of the person on the board the nominees are being considered to replace.
The member, when appointed by the Governor, takes office the first of July
of that year.
(F) Notwithstanding subsection (B), if a nominee is judged unfit by the
Governor, the board must be informed and other nominees must be
submitted in like manner.
(G) Vacancies must be filled in the manner of the original appointment
for the unexpired portion of the term.
(H) The Governor may remove a member of the board who is guilty of
continued neglect of board duties or who is found to be incompetent,
unprofessional, or dishonorable. No member may be removed without first
giving the member an opportunity to refute the charges filed against that
member."
Application of amended provisions
SECTION 8. The amendment to Section 40-51-30, as contained in Section
7 of the bill, applies beginning with Board of Podiatry members serving on
July 1, 1993.
Expiration of board member terms; interim responsibilities of
department; staggered terms
SECTION 9. Notwithstanding any other provision of law, on the effective
date of this act, the terms of office of the present members of the Board of
Podiatry Examiners expire. The Department of Labor, Licensing and
Regulation temporarily shall assume the duties of the board, including the
preparation and conduct of any examinations, until the new board members
are appointed and qualify to take office in accordance with this act. The
Department of Labor, Licensing and Regulation shall conduct the initial
election to select the nominations to submit to the Governor for
appointment pursuant to this act. Of the members initially appointed by the
Governor pursuant to this section from districts established pursuant to
Section 40-51-30 of the 1976 Code, as amended in Section 7 of this act, the
member from the Upper District shall serve a one-year term, the member
from the Central District shall serve a two-year term, the member from the
Lower District shall serve a three-year term. The lay member and the
podiatrist at-large member shall serve a four-year term. All terms will be
for four years after the initial board is appointed. No member may serve
more than one term of office except that the initial members of the board
serving less than a four-year term may be reappointed for one four-year
term. A member serving an unexpired term may be reelected and
reappointed for one term.
Dentistry Board reauthorized
SECTION 10. In accordance with Section 1-20-60 of the 1976 Code, the
South Carolina State Board of Dentistry is reauthorized for six years.
Opticianry Board reauthorized
SECTION 11. In accordance with Section 1-20-60 of the 1976 Code, the
existence of the South Carolina Board of Examiners in Opticianry is
reauthorized for six years.
Time effective
SECTION 12. This act takes effect upon approval by the Governor.
In the Senate House
____________________________________________.
______________________________________________
President of the Senate
______________________________________________
Speaker of the House of Representatives
Approved the ____________ day of ________________________,
1994.
______________________________________________
Governor
Printer's Date -- June 3, 1994 -- S.
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