S 652 Session 111 (1995-1996)
S 0652 General Bill, By Giese
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
40-51-55 so as to establish a one-year podiatry license for participation in a
preceptorship or one-year residency program and to provide for the licensing
and program requirements; by adding Section 40-51-57 so as to further provide
for the requirements of a preceptor program and a residency program; by adding
Section 40-51-165 so as to provide hearing procedures when a licensee or
applicant fails to appear at a hearing; by adding Section 40-51-280 so as to
provide for consultation with the Board of Medical Examiners when there is a
disciplinary matter involving a podiatrist; by amending Section 40-51-20,
relating to definitions, so as to define additional terms; by amending Section
40-51-30, as amended, relating to the Board of Podiatry Examiners, so as to
further provide for the election of nominees to the Board; by amending Section
40-51-60, relating to fees, so as to require podiatrists to also meet other
requirements as provided for in Chapter 51; by amending Section 40-51-65, as
amended, relating to requirements for examination, so as to revise these
requirements; by amending Section 40-51-80, relating to examinations, so as to
provide for the examinations that may be administered; by amending Section
40-51-90, relating to examination scores, so as to revise the minimum scores
accepted for licensure; to amend Section 40-51-100, relating to examination
fees, so as to provide payment and reexamination procedures; by amending
Section 40-51-110, relating to license reciprocity, so as to require three
years rather than one year of practice in another state; by amending Section
40-51-130, relating to display and recording of licenses, so as to delete the
requirement that a license be recorded with the clerk of court; by amending
Section 40-51-140, relating to license renewal, so as to require continuing
education as a condition of renewal; by amending Section 40-51-160, relating
to disciplinary action, so as to authorize the Board to require mental or
physical examinations, access to records and use of records in proceedings, to
provide penalties for refusal to consent to these examinations or access to
records; and to provide for the terms of current podiatry board members to
expire, for the election of new members, and for staggered terms.
03/21/95 Senate Introduced and read first time SJ-13
03/21/95 Senate Referred to Committee on Labor, Commerce and
Industry SJ-13
03/21/95 Senate Recalled from Committee on Labor, Commerce and
Industry SJ-13
03/21/95 Senate Committed to Committee on Medical Affairs SJ-13
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 40-51-55 SO AS TO ESTABLISH
A ONE-YEAR PODIATRY LICENSE FOR PARTICIPATION IN
A PRECEPTORSHIP OR ONE-YEAR RESIDENCY PROGRAM
AND TO PROVIDE FOR THE LICENSING AND PROGRAM
REQUIREMENTS; BY ADDING SECTION 40-51-57 SO AS TO
FURTHER PROVIDE FOR THE REQUIREMENTS OF A
PRECEPTOR PROGRAM AND A RESIDENCY PROGRAM; BY
ADDING SECTION 40-51-165 SO AS TO PROVIDE HEARING
PROCEDURES WHEN A LICENSEE OR APPLICANT FAILS
TO APPEAR AT A HEARING; BY ADDING SECTION
40-51-280 SO AS TO PROVIDE FOR CONSULTATION WITH
THE BOARD OF MEDICAL EXAMINERS WHEN THERE IS A
DISCIPLINARY MATTER INVOLVING A PODIATRIST; BY
AMENDING SECTION 40-51-20, RELATING TO DEFINITIONS,
SO AS TO DEFINE ADDITIONAL TERMS; BY AMENDING
SECTION 40-51-30, AS AMENDED, RELATING TO THE
BOARD OF PODIATRY EXAMINERS, SO AS TO FURTHER
PROVIDE FOR THE ELECTION OF NOMINEES TO THE
BOARD; BY AMENDING SECTION 40-51-60, RELATING TO
FEES, SO AS TO REQUIRE PODIATRISTS TO ALSO MEET
OTHER REQUIREMENTS AS PROVIDED FOR IN CHAPTER
51; BY AMENDING SECTION 40-51-65, AS AMENDED,
RELATING TO REQUIREMENTS FOR EXAMINATION, SO AS
TO REVISE THESE REQUIREMENTS; BY AMENDING
SECTION 40-51-80, RELATING TO EXAMINATIONS, SO AS
TO PROVIDE FOR THE EXAMINATIONS THAT MAY BE
ADMINISTERED; BY AMENDING SECTION 40-51-90,
RELATING TO EXAMINATION SCORES, SO AS TO REVISE
THE MINIMUM SCORES ACCEPTED FOR LICENSURE; TO
AMEND SECTION 40-51-100, RELATING TO EXAMINATION
FEES, SO AS TO PROVIDE PAYMENT AND
REEXAMINATION PROCEDURES; BY AMENDING SECTION
40-51-110, RELATING TO LICENSE RECIPROCITY, SO AS TO
REQUIRE THREE YEARS RATHER THAN ONE YEAR OF
PRACTICE IN ANOTHER STATE; BY AMENDING SECTION
40-51-130, RELATING TO DISPLAY AND RECORDING OF
LICENSES, SO AS TO DELETE THE REQUIREMENT THAT A
LICENSE BE RECORDED WITH THE CLERK OF COURT; BY
AMENDING SECTION 40-51-140, RELATING TO LICENSE
RENEWAL, SO AS TO REQUIRE CONTINUING EDUCATION
AS A CONDITION OF RENEWAL; BY AMENDING SECTION
40-51-160, RELATING TO DISCIPLINARY ACTION, SO AS TO
AUTHORIZE THE BOARD TO REQUIRE MENTAL OR
PHYSICAL EXAMINATIONS, ACCESS TO RECORDS AND
USE OF RECORDS IN PROCEEDINGS, TO PROVIDE
PENALTIES FOR REFUSAL TO CONSENT TO THESE
EXAMINATIONS OR ACCESS TO RECORDS; AND TO
PROVIDE FOR THE TERMS OF CURRENT PODIATRY
BOARD MEMBERS TO EXPIRE, FOR THE ELECTION OF
NEW MEMBERS, AND FOR STAGGERED TERMS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-51-55. (A) A special one-year license must
be given to a participant in a formal preceptorship or one-year
residency program who meets the requirements of this section. A
license fee and special one-year application form must be
established by the board containing the:
(1) signature of the sponsoring doctor or facility responsible
for the training;
(2) approval of the program by the certifying bodies of the
A.P.M.A. or the American Council of Certified Podiatric Physicians
and Surgeons.
(B) All informal preceptorships must notify the board in writing
of the student training program for each student and the board shall
issue a letter of notification. Failure to notify the board of this
program must be considered an ethical violation and subject to all
sanctions under Section 40-51-160.
(C) All residents and preceptors must be supervised at all times
for a period of eight months after which the resident or preceptor
may perform podiatric medicine with or without supervision if the
podiatrist holds a South Carolina license to practice podiatry. At no
time may a preceptor or resident perform surgery without direct
supervision. The license of a podiatrist preceptor or resident found
working without supervision must be automatically revoked or
suspended. A revoked or suspended license is subject to review
under the Administrative Procedures Act. A decision to revoke or
suspend a license by the board is effective upon delivery of a copy
of the decision to the licensee. A petition for court review is not a
supersedeas. A podiatrist whose license is suspended or revoked
must give up the special one-year license. No fees may be
refunded after the first day of issue.
(D) The provisions of this chapter and regulations promulgated
under this chapter apply to all preceptors and residents.
(E) No formal preceptor or resident may receive a license to
practice podiatry while in training. This does not preclude a person
from fulfilling the licensing requirements for the purpose of
obtaining a license after the completion of training. However, if a
preceptor or resident insists on receiving a license before the
training program is completed, the podiatrist must be voluntarily
terminated from the one-year special license and must leave the
training program. Failure to comply with this subsection is
considered an ethical violation subject to sanctions provided for in
Section 40-51-160.
(F) No preceptor or resident may apply or enter into an
agreement with a hospital, health maintenance organization, or
contract dealing with medical or podiatric care while under the
special license. This does not preclude either from working with
the sponsoring doctor or facility for training with supervision.
(G) Formal preceptors and residents must carry malpractice
insurance with a minimum value of one million dollars. Evidence
of this insurance must be provided to the board before the board
issues a special license. This policy must remain in effect during
the training period. The license of a person who fails to maintain
this malpractice insurance is automatically revoked and the person
is also subject to other sanctions under Section 40-51-160 and other
legal remedies as they apply.
(H) A special license is valid for one year and may not be
extended for any reason regardless of the status of the training
program.
(I) A special license does not entitle the holder to a license to
practice in South Carolina. However, a person may apply for
licensure as provided for in this chapter.
(J) If a special license is suspended or revoked under this
section or Section 40-51-160 for any reason, no license to practice
podiatry in South Carolina may be issued for a minimum of three
years from the date of suspension or revocation and upon a
determination by the board, the person may be permanently
prohibited from obtaining licensure.
(K) A doctors or facility which violates this section must be
fined not less than one thousand dollars and not more than five
thousand dollars. This fine does not preclude other legal remedies
or sanctions.
(L) For purposes of this section:
(1) `Preceptor' or `Preceptor formal' means a doctor of
podiatric medicine who is a graduate of an accredited school of
podiatric medicine in training for a one-year period under the
provisions of this section.
(2) `Preceptor informal' means a student of an accredited
podiatry school who is in training to become a podiatrist.
(3) `One-year resident' means a doctor of podiatric medicine
who has graduated from an accredited school of podiatric medicine
who is undergoing further training in an office and hospital-based
training facility. All residency training programs must meet the
requirements of this section. If the program is not approved, the
board may at its option offer a special dispensation after a hearing
and written report."
SECTION 2. The 1976 code is amended by adding:
"Section 40-51-57. (A) A residency program:
(1) must be approved by the American Association of
Podiatric Physicians and Surgeons or its accrediting agency, the
American Podiatric Medical Association or its accrediting agency,
or by the board;
(2) must be registered with the board;
(3) must be chaired by a licensed, practicing podiatric
physician whose license is in good standing and under no current
disciplinary measures or restrictions, and who is a member of the
podiatric surgical staff at the hospital with which the program is
affiliated;
(4) must admit for training only those persons who have
graduated from an accredited college of podiatric medicine;
(5) shall insure or require its resident physicians to be insured
for the duration of the training period, under a professional liability
insurance policy with a minimum liability coverage of one million
dollars per incident;
(6) shall ensure that each of its resident physicians holds a
special one-year limited license issued by the board;
(7) shall comply with all applicable rules and reporting
requirements which may be established by the board;
(8) shall provide close, direct supervision of each resident
physician-patient encounter for at least eight months, after which
the resident may be permitted to provide minimal, routine services
under indirect supervision. The provisions of services without
supervision as required by this section is deemed practicing podiatry
without a license, subject to a fine of not less than one thousand
dollars and not more than five thousand dollars and other penalties
provided for elsewhere in the statutes.
(B) A preceptorship program:
(1) must be registered with and approved by the board;
(2) must admit for training only those persons who have
graduated from an accredited college of podiatric medicine;
(3) shall insure or require its preceptee physicians to be
insured for the duration of the training period, under a professional
liability insurance policy with a minimum liability coverage of one
million dollars per incident;
(4) shall comply with all applicable regulations and reporting
requirements which may be established by the board.
(C) A preceptor:
(1) must be a licensed, practicing podiatric physician whose
license is in good standing and under no current disciplinary
measures or restrictions;
(2) shall ensure that each preceptee physician in the program
holds a special one-year limited license issued by the board;
(3) shall comply with all applicable regulations and reporting
requirements which may be established by the board;
(4) shall provide close, direct supervision of each preceptee
physician--patient encounter for at least eight months, after which
the preceptee may be permitted to provide minimal, routine services
under indirect supervision. Externs may not provide a patient
services unless under close, direct supervision. The provision of
service without supervision as required by this section is deemed
the practicing podiatry without a license, subject to a fine of not
less than one thousand dollars and not more than five thousand
dollars and other penalties as may be provided for.
(D) The board shall establish an application procedure, fees, and
a special license for podiatric physicians undergoing training in
residency and formal preceptorship programs. Before this license is
issued, the applicant must submit a certificate of insurance showing
a current policy of professional liability in the amount of one
million dollars per incident, with the term of the policy spanning
the full period of training. The special one-year license shall permit
the holder to engage in the practice of podiatric medicine only
within the scope of the training program, and within the physical
confines of the training sites while under supervision as prescribed
in this section. The special one-year limited license may be
suspended, rescinded, or revoked by the board for violations of any
of the provisions of this section or any other provision of law or
upon other grounds as the board may establish in regulation. If a
license is suspended or revoked for violations of this section or
other grounds established by the board, reinstatement must be
available at the discretion of the board. If there is no residency or
preceptorship program established in the State of South Carolina
within the five-year period immediately following enacting of this
act, this section shall automatically expire."
SECTION 3. The 1976 Code is amended by adding:
"Section 40-51-165. If a licensee or applicant fails to
appear at a hearing after reasonable notice, the board may proceed
to hear the evidence against the licensee and take action as if the
licensee had been present. A notice of hearing, initial or
recommended decision, or final decision of the board in a
disciplinary proceeding must be served upon the licensee or
applicant by certified mail, return receipt requested, to the last
known address of record with the board. If the material is returned
marked `unclaimed' or `refused' or is otherwise undeliverable and
if the licensee or applicant cannot, after diligent effort, be located,
the Director of the Department of Labor, Licensing, and Regulation
must be deemed to be the agent for service for the licensee or
applicant for the purposes of this section, and service upon the
director is deemed to be service upon the licensee or
applicant."
SECTION 4. The 1976 Code is amended by adding:
"Section 40-51-280. The State Medical Board of
Examiners in conjunction with the Board of Podiatric Examiners
through its consultant or designated medical board examiner shall
concur on any disciplinary matter or infraction concerning a
podiatrist or chiropodist who allegedly has violated a provision of
this chapter or regulation promulgated under this chapter and shall
forward this information to the Board of Podiatric Medicine for
disposition."
SECTION 5. Section 40-51-20 of the 1976 Code is amended to
read:
"Section 40-51-20. For the purposes of this chapter:
(1) `Podiatry' shall mean the diagnosis, medical and surgical
treatment limited to ailments of the human foot, except the
administration of an anaesthetic other than local.
(2) `Diagnosis' shall mean to ascertain a disease or ailment by
symptoms and findings and does not confer the right to use X-ray
other than for diagnosis.
(3) `Medical treatment' shall mean means the
application or prescribing of any a therapeutic agent
or remedy for the relief of foot ailments, except the medical
treatment of any systemic disease causing manifestations in the
foot.
(4) `Surgical treatment' shall mean means the
use of any a cutting instrument to treat a disease,
ailment, deformity, or condition of the foot, but shall not
confer the right to amputate the foot or toes.
(5) `Extern' means an individual who is a student at an
accredited college of podiatric medicine and who is undergoing off
campus training in an informal preceptorship program.
(6) `Preceptor' means a licensed, practicing podiatric physician
who conducts a preceptorship.
(7) `Preceptorship' means:
(a) an informal program, a pre-doctoral training program of
variable length conducted by an individual or group of licensed,
practicing podiatric physicians, and the program may or may not be
associated with a hospital;
(b) a formal program, a post-doctoral training program of
twelve months' duration, conducted by an individual or group of
licensed, practicing podiatric physicians, and the program may or
may not be associated with a hospital.
(8) `Preceptee' means a podiatric physician undergoing training
in a formal preceptorship program.
(9) `Resident physician' means a podiatric physician who has
graduated from an accredited college of podiatric medicine and who
is undergoing post-graduate training in a residency program.
(10) `Residency program' means a post-doctoral podiatric
resident physician training program of twelve months attached to or
affiliated with a hospital licensed under the laws of the State of
South Carolina.
(11) (a) `Direct supervision' means the services being rendered
to a patient by one undergoing training to be observed and
supervised, and the patient examined after such services, by a
teaching staff physician in the case of a residency program or by
the preceptor in a preceptorship program;
(b) `Indirect supervision' means the services rendered to a
patient by one undergoing training to be evaluated on the basis of
daily interview with, and evaluation of records made by, the
resident or preceptee."
SECTION 6. 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) For the purpose of
carrying out this chapter, the Governor shall appoint a Board of
Podiatry Examiners, to consist consisting of four
podiatrists, actually engaged in this the
practice of podiatry 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 as
provided for in subsection (B). 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 from the election results with the
candidate receiving the next highest vote being submitted. The
members of the board must be appointed by the Governor for
terms of two four 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 in accordance with
Section 1-3-240. A vacancy on the board must be filled for the
unexpired portion of the term by the Governor from the election
results with the candidate receiving the next highest vote. No
member may serve more than one term, however a member who is
appointed to fill a vacancy may be reappointed for one full
term. 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 Department of Labor,
Licensing, and Regulation shall appoint a legal advisor to the
board with power to prosecute any violation of this chapter.
(B) Nominations must be sent out with license renewal
forms on November first of each year. The names of all practicing
podiatrists who reside in South Carolina must be included on the
ballot unless a podiatrist who does not wish to be considered for the
open board position has notified the board in writing before
November fifteenth. A ballot must be mailed on November
fifteenth to each podiatrist with all candidates listed. The number
of board position openings must be clearly identified and a
podiatrist may cast a vote for the appropriate number and may write
in a candidate if the candidate is qualified to serve. Any other
choice other than a write-in candidate nullifies the vote. All ballots
must be postmarked before December first of that year. No
exceptions to the provisions of this subsection may be made for any
reason. The board shall tabulate the vote count and forward a list
to the Governor no later than December sixth of that
year."
SECTION 7. Section 40-51-60 of the 1976 code is amended to
read:
"Section 40-51-60. Any person A
podiatrist desiring to enter into the practice of podiatry in this
State shall pay a fee to be determined by regulation of the board
and must satisfy other requirements as provided for in this
chapter or regulation promulgated under this chapter."
SECTION 8. Section 40-51-65 of the 1976 Code, as last
amended by Act 654 of 1988, is further amended to read:
"Section 40-51-65. It is unlawful for any
a person to practice podiatric medicine in this State without
obtaining first a license from the board.
The board shall conduct an examination of any
an applicant who submits satisfactory evidence that he
has:
(a) received four years of high school training;
(b) completed at least three years of pre-podiatry training at a
recognized college;
(c) received a diploma or certificate of graduation from a
recognized college of podiatric medicine which has been accredited
by the Council on Podiatric Medical Education
(1) a fully completed and notarized application including
three letters of professional reference accompanied by the
appropriate fees;
(2) a certified copy of college or university transcripts;
(3) a certified copy of podiatry school transcripts and a certified
copy of the person's podiatry school diploma from an accredited
college;
(4) a certified copy of the person's birth certificate;
(5) the results of passage of the National Board Examination
Part I and Part II;
(6) PMLexis Examination score with documentation of the date
the test was taken which must be within two years of date of
application;
(7) photo ID required to sit for the examinations;
(8) other documents or meets other requirements as established
by the board in regulation."
SECTION 9. 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
Parts I and II and such any other
practical or written, oral or oral and written
examination as the board deems considers
necessary. Each A successful applicant if he
who has completed all requirements shall be
including completing a one-year post-medical training program
in a formal preceptorship or residency approved by the American
Association of Podiatric Physicians and Surgeons or the American
Podiatric Medical Association is eligible for a certificate to
practice podiatric medicine."
SECTION 10. Section 40-51-90 of the 1976 Code is amended to
read:
"Section 40-51-90. No applicant shall
may be granted a license unless he the
applicant obtains a general average of seventy-five percent or
over and not less than fifty seventy percent in any
one subject on an examination required for
licensure."
SECTION 11. Section 40-51-100 of the 1976 code is amended to
read:
"Section 40-51-100. Each An applicant
before being allowed to take the examination, must pay to the board
a fee to be fixed by the board at an amount which, with other
available resources of the board, will fully cover the cost of the
examination, including compensation and expenses of members of
the examining board. In case the application is denied and
examination is refused the fee shall must be
returned to the applicant. Any An applicant who
fails to pass an examination shall be is entitled to a
reexamination within six months upon payment of the original
examination fee, but only two such reexaminations
shall be one is permitted under the privilege of the
original application. All applicable examination fees must be
paid to the board or the appropriate examining body thirty days
before the examination is to be given.
An applicant for licensure in podiatry who fails two attempts
to pass the South Carolina examination administered by the board
shall appear before the board and shall complete additional
post-graduate training as the board may require before being
allowed to take the examination again."
SECTION 12. Section 40-51-110 of the 1976 Code is amended
to read:
"Section 40-51-110. Upon payment of a fee to be
determined by regulation of the board, a license may be issued to
podiatrists or chiropodists removing to this State from other states
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 the profession in any state for a period of
one year three years or more, who has been
duly licensed by a state board and who has enjoyed during
such that time good professional repute as
determined by the South Carolina Board of Podiatry
Examiners, may upon presentation of proper
credentials, may be issued a license without
examination."
SECTION 13. Section 40-51-130 of the 1976 Code is amended
to read:
"Section 40-51-130. Every A license
shall issued under this chapter 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 within thirty days of its issue."
SECTION 14. Section 40-51-140 of the 1976 Code is amended
to read:
"Section 40-51-140. Every A person
licensed to practice podiatry or chiropody must pay an
annual renewal license fee which shall must be
established by in regulation of by
the board and must submit documentation of having completed
twelve hours of continuing medical education through a program
approved by the American Podiatric Medical Association, American
Association of Podiatric Physicians and Surgeons, or American
College of Certified Podiatric Physicians and Surgeons. If the
renewal fee is not accompanied with the appropriate continuing
education documentation the license may not be renewed and is
considered late and subject to the penalties promulgated by the
board in regulation. This continuing education requirement takes
effect the year and applies to licenses being renewed beginning in
1997. If such the renewal fee is not paid
within three two months after the date of
notification by the secretary that such the fee is due,
the license of the person so failing to pay shall be
considered late and a penalty imposed as determined by
regulation. After an additional sixty days a nonrenewed license
must be suspended or revoked and shall must
be reissued only by a majority vote of the Board of Podiatry
Examiners and upon payment of a late fee and penalties
established by the board."
SECTION 15. Section 40-51-160 of the 1976 Code, as last
amended by Section 926 of Act 181 of 1993, is further amended to
read:
"Section 40-51-160. (A) The State Board
of Podiatry, if it has reason just cause 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 with the exception of an
intern;
(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
just cause may require a licensee or applicant to submit to a mental
or physical examination by physicians mutually agreed to by the
licensee or applicant and the board. If a physician cannot be
mutually agreed to, an Administrative Law Judge may appoint a
physician for the purposes of this section. 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 just
cause 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 16. If a preceptor program or residency program in
podiatry is not established in South Carolina within five years of
this act's effective date, Sections 40-51-55 and 40-51-57 are
repealed.
SECTION 17. 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 preparing and conducting
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 podiatry members initially
appointed by the Governor pursuant to this section, one member
shall serve a one-year term, one member shall serve a two-year
term, and one member shall serve a three-year term, and one
member shall serve a four year term. The lay member shall serve a
four-year term. 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 18. This act takes effect upon approval by the
Governor.
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