S 399 Session 111 (1995-1996)
S 0399 General Bill, By Leatherman
Similar(H 3307)
A Bill to amend Section 40-51-30, as amended, Code of Laws of South Carolina,
1976, 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 amend Section 40-51-80, 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 allow
reciprocal licensing without taking an examination; to amend Section
40-51-130, relating to recording of licenses 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; and 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.
01/24/95 Senate Introduced and read first time SJ-25
01/24/95 Senate Referred to Committee on Medical Affairs SJ-26
A BILL
TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, 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 AMEND SECTION 40-51-80, 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 ALLOW RECIPROCAL LICENSING
WITHOUT TAKING AN EXAMINATION; TO AMEND
SECTION 40-51-130, RELATING TO RECORDING OF
LICENSES 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; AND
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.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. 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. For the purpose of carrying out
this chapter, the Governor shall appoint a Board of Podiatry
Examiners, to consist of four podiatrists, actually engaged in this
practice in the State and one consumer member. All members of
the board must be residents of South Carolina. Nominations of the
podiatrists for appointment to the board must be received by the
Governor from the South Carolina Board of Podiatry Examiners
with all licensed active practicing podiatrists residing in this State
having an opportunity to vote and being eligible to be candidates
during a pre-announced election. The Governor shall appoint the
consumer member from the State at large. The Governor may
reject any or all of the nominees upon satisfactory showing as to the
unfitness of those rejected. If the Governor declines to appoint any
of the nominees submitted, additional nominees must be submitted
in the same manner. The members of the board must be appointed
by the Governor for terms of two years. The Governor may remove
from office members of the Board of Podiatry Examiners for
neglect of duties as required by this chapter or for malfeasance in
office for unprofessional conduct. The State Board of Medical
Examiners shall designate one medical doctor as a consultant to the
board. The Attorney General of South Carolina is the legal advisor
to the board with power to prosecute any violation of this
chapter.
(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 these 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."
SECTION 2. 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
such other practical or oral examination
examinations as the board deems considers
necessary. The board shall offer the required examinations at
least twice annually. Each A successful
applicant if he who has completed all requirements
shall be is eligible for a certificate to practice
podiatric medicine."
SECTION 3. 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 podiatrists a podiatrist or
chiropodists a chiropodist removing
moving to this State from other states 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.
Any A podiatrist or chiropodist who has been
practicing his profession in any a state for a
period of one year or more, who has been duly licensed by a state
board, and who has enjoyed during such
that time good professional repute, may 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."
SECTION 4. Section 40-51-130 of the 1976 Code is amended to
read:
"Section 40-51-130. Every A license
shall must be conspicuously displayed at the place
of practice and must be recorded in the office of the clerk of
court of each county wherein the licensee practices issued
under this chapter within thirty days of its issue."
SECTION 5. 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 State 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. Any 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
of any of the following that a holder of a license:
(1) that any used a false, fraudulent, or
forged statement or document has been used or any
practiced a fraudulent, deceitful, or dishonest act has
been practiced by the holder of a license in connection with
any of the a licensing requirements
requirement;
(2) that the holder of a license has been convicted of a
felony or any other crime involving moral turpitude, drugs,
or gross immorality;
(3) that 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) that the holder of a license has been convicted of
the illegal or unauthorized practice of podiatry;
(5) that the holder of a license has knowingly
performed any an act which in any way assists an
unlicensed person to practice podiatry;
(6) that the holder of a license has sustained
any a physical or mental disability which renders
further practice by the podiatrist dangerous to the public;
(7) that the holder of a license has engaged in
advertising for the practice of podiatry in a manner that is deceptive
or untruthful;
(8) that the holder of a license is guilty of the
performance of any dishonorable, unethical, or
unprofessional conduct that is likely to deceive, defraud, or harm
the public;
(9) that the holder of a license is guilty of the use of
any a false or fraudulent statement in any
a document connected with the practice of podiatry;
(10) that the holder of a license is guilty of obtaining
fees or assisting in obtaining fees under dishonorable, false, or
fraudulent circumstances; or
(11) that 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, any
provisions a provision or terms term of
the podiatry practice laws.
(C) In addition to all other remedies and actions
incorporated in this article chapter, the license of
any a person adjudged mentally incompetent by
any a court of competent jurisdiction is
automatically suspended by the board until he 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."
SECTION 6. 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 every 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, any 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 any
of the following:
(1) a nondisciplinary resignation by the physician or
podiatrist; however, any 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) Any 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."
SECTION 7. 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 1 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.
SECTION 8. This act takes effect upon approval by the
Governor.
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