Current StatusView additional legislative information at the LPITS web site.Bill Number: 194 Ratification Number: 167 Act Number 116 Introducing Body: Senate Subject: Board of Medical Examiners reauthorized, members, etc
(A116, R167, S194)
AN ACT TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF MEDICAL EXAMINERS; TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO INCREASE THE NUMBER OF MEMBERS FROM NINE TO TEN, PROVIDE THE METHOD OF THEIR APPOINTMENT, TO LIMIT THE NUMBER OF TERMS THEY MAY SERVE, TO PROHIBIT THE LAY MEMBER FROM VOTING ON EXAMINATIONS FOR LICENSURE, TO PROVIDE THAT THE OSTEOPATH MEMBER SHALL VOTE ONLY ON EXAMINATION FOR LICENSES FOR OSTEOPATHS AND OTHER MATTERS CONCERNING OSTEOPATHS; TO ALLOW THE ATTENDANCE OF A REPRESENTATIVE OF THE SOUTH CAROLINA ACADEMY OF PHYSICIANS' ASSISTANTS AT BOARD MEETINGS; TO PROVIDE FOR THE REMOVAL OF MEMBERS OF THE BOARD; TO PROVIDE THAT THE PRESENT MEMBERS OF THE BOARD SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS AND SHALL PLAN AND IMPLEMENT CHANGES IN THE BOARD BY AT LEAST DECEMBER 31, 1984; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-47-255, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE STATE BOARD OF MEDICAL EXAMINERS OR HIS DESIGNEE SHALL SERVE AS AN ADVISORY, NONVOTING MEMBER OF THE STATE BOARD OF NURSING.
Be it enacted by the General Assembly of the State of South Carolina:
Board of Medical Examiners reauthorized
SECTION 1. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the State Board of Medical Examiners is reauthorized for six years as provided in such section.
Board of Medical Examiners created
SECTION 2. Section 40-47-10 of the 1976 Code is amended to read:
"Section 40-47-10. There is created the State Board of Medical Examiners (board) to be composed of ten members, one of whom shall be a lay member, one of whom shall be a doctor of osteopathy, two of whom shall be physicians or surgeons from the State-at-large, and six of whom shall be physicians or surgeons representing each of six congressional districts. The lay member shall be a resident of the State. The doctor of osteopathy, physicians and surgeons shall be residents of this State or the congressional districts which they represent and licensed and practicing their respective profession.
The terms of the members shall be for four years, not to exceed two terms, and until successors are appointed and qualify. The lay member and one physician or surgeon-at-large shall be appointed by the Governor. The South Carolina Medical Association shall conduct an election to nominate one physician or surgeon-at-large and the six physicians or surgeons to represent any congressional district when such seat shall be vacant. Such election shall provide for participation by all physicians or surgeons currently licensed and residing in South Carolina. The doctor of osteopathy shall be nominated from the State-at-large by the South Carolina Osteopathic Association. 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 such nominees submitted, additional nominees shall be submitted in the same manner. Vacancies shall be filled in a like manner by appointment by the Governor for the unexpired portion of the term. The lay member shall be exempted from voting on examination for licensure. The osteopath shall participate and vote only on examination for licensure for osteopaths and other matters concerning osteopaths.
A representative of the South Carolina Academy of Physicians' Assistants shall have the privilege of attendance at all board meetings and shall be permitted to speak to matters affecting physicians' assistants but such representative shall not be a member of the board or be entitled to vote. The Governor may remove any member of the board who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional or dishonorable. No member shall be removed without first giving him an opportunity to refute the charges filed against him. He shall be given a copy of the charges at the time they are filed."
Terms of members of board
SECTION 3. The present members of the State Board of Medical Examiners shall continue to serve until expiration of their terms and until successors are appointed. The present board shall plan and implement the changes in the composition of the board in as practical a manner as they deem feasible so as to accomplish the changes by at least December 31, 1984, and to provide for board membership to expire on a rotating basis so that not more than two seats expire in any one year. The Governor shall appoint the lay member-at-large by December 31, 1982, and the South Carolina Association of Physicians' Assistants shall nominate their representative to the Governor by December 31, 1982. Present members of the State Board of Medical Examiners shall be eligible for appointment to a new term if the board deems this to be feasible in implementing the terms of this act.
Chairman to serve as advisory member of board of nursing
SECTION 4. The 1976 Code is amended by adding:
"Section 40-47-255. The Chairman of the State Board of Medical Examiners or his designee from the board shall serve as an advisory nonvoting member of the State Board of Nursing to provide consultation on matters requested by such board. The Board of Nursing shall be required to send written notice of meetings that it wants the member representing the Board of Medical Examiners to attend at least ten days prior to the meeting date. Such member and the Board of Nursing shall meet at least twice a year, and thereafter as necessary."
Time effective
SECTION 5. This act shall take effect upon approval by the Governor.