Bill 196

                    Current Status

Bill Number:               196
Ratification Number:       147
Act Number                 99
Introducing Body:          Senate
Subject:                   South Carolina Board of Chiropractic
                           Examiners

(A99, R147, S196)

AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS; TO AMEND SECTION 40-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS, SO AS TO CHANGE THE METHOD OF APPOINTMENT OF MEMBERS OF THE BOARD AND THEIR QUALIFICATIONS; TO PROVIDE FOR TERMS AND REMOVAL OF MEMBERS OF THE BOARD; TO PROVIDE FOR MEETINGS OF THE BOARD, ITS ORGANIZATION AND RULES AND REGULATIONS TO PROVIDE FOR ITS GOVERNMENT AND JUDGING THE PROFESSIONAL AND ETHICAL COMPETENCE OF CHIROPRACTORS AND THEIR DISCIPLINE; TO PROVIDE FOR THE FILLING OF VACANCIES; TO LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE; TO REDUCE FROM THIRTY TO TEN DAYS THE TIME REQUIRED BEFORE A BOARD DECISION TO REVOKE, SUSPEND OR OTHERWISE RESTRICT OR DISCIPLINE A LICENSEE TAKES EFFECT; TO PROVIDE THAT THE BOARD MAY CERTIFY APPLICANTS FOR LICENSES AS TO THEIR ABILITY AND DEGREE OF THEIR PRACTICE OF CHIROPRACTIC; TO PROVIDE THAT THE NONCHIROPRACTIC MEMBER OF THE BOARD SHALL NOT PARTICIPATE IN THE EXAMINATION OF ANY LICENSE APPLICANT ON MATTERS OF TECHNICAL OR PROFESSIONAL NATURE AND REQUIRE THE USE OF THE NATIONAL BOARD EXAMINATION OF THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS IN LIEU OF THE STATE EXAMINATION FOR PERSONS GRADUATING FROM APPROVED CHIROPRACTIC COLLEGES AFTER JULY 1,1982; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-9-31 SO AS TO PROVIDE A PROCEDURE FOR THE REVOCATION, SUSPENSION OR RESTRICTING A LICENSE OR DISCIPLINING A LICENSEE AND FOR APPEALS AND TO CHANGE FROM THIRTY DAYS TO TEN DAYS THE TIME REQUIRED TO PETITION FOR APPEAL.

Be it enacted by the General Assembly of the State of South Carolina:

Board reauthorized

SECTION 1. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the South Carolina Board of Chiropractic Examiners is reauthorized for six years as provided in such section.

S. C. Board of Chiropractic Examiners

SECTION 2. The first three paragraphs of Section 40-9-30 of the 1976 Code, as last amended by Act 351 of 1980, are further amended to read:

"There is hereby created the South Carolina Board of Chiropractic Examiners consisting of eight members. One licensed chiropractor shall be appointed by the Governor from each congressional district who shall be a licensed and practicing chiropractor residing and practicing in the district he represents. The Board shall certify in writing to the Governor the names of the two nominees who shall have received the highest number of votes in the subject district's election. 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 so submitted, additional nominees shall be submitted in the same manner. One member of the Board, who shall be a licensed and practicing chiropractor shall be appointed by the Governor at large from the State, and one member shall be appointed by the Governor who shall not be a member of the chiropractic or medical profession. The conduct of the balloting for the nominees for the Board from the respective congressional districts shall be the responsibility of the Board of Chiropractic Examiners. Each Chiropractic member shall have been a regularly licensed and practicing chiropractor in South Carolina in good standing for a period of five years preceding the date of his appointment. The members of the Board shall serve staggered terms with the members from the first, third and fifth district and the one member-at-large who is not from the chiropractic or medical profession serving a two-year term, and all others serving a four-year term. All terms will be for four years after the initial Board is appointed. The Governor may remove any member of the Board who has been guilty of continued neglect of his duties, guilty of a misdemeanor, a felony or who is found to be incompetent. 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.

The South Carolina Board of Chiropractic Examiners shall meet at least twice a year at such time and place as determined by the Board. The Board shall hold elections for its officers each year. The Board may call additional meetings when necessary for the transaction of board business. The Board shall adopt rules and regulations for its government, and for judging the professional and ethical competence of chiropractors including the code of chiropractic ethics, and for the discipline of chiropractors. A majority of the Board shall constitute a quorum for the transaction of business."

When revocations or suspensions shall take effect

SECTION 3. The last paragraph of Section 40-9-30 of the 1976 Code, as last amended by Act 307 of 1980, is further amended to read:

"A decision of the Board to revoke, suspend or otherwise restrict a license or to limit or otherwise discipline a licensee or one who is found to be practicing chiropractic in noncompliance with this chapter shall not become effective until the tenth day following the date of delivery to the licensee of a written copy of the decision. Service of a petition for a review of the decision shall stay the board's decision pending completion of the appellate process."

Not to affect present members

SECTION 4. The present members of the South Carolina Board of Chiropractic Examiners (Board) shall continue to serve until the expiration of their terms or until their successors are appointed as provided for in this section.

Vacancies

SECTION 5. Vacancies on the Board shall be filled in the manner of the original appointment for the unexpired term.

Members to serve two terms only

SECTION 6. Notwithstanding any other provision of law, no appointive member of the above Board shall be allowed to serve more than two full consecutive terms on the Board; provided, however, that an appointive member who has served for the remainder of a former member's unexpired term shall be allowed to then serve two additional full terms.

Powers and duties

SECTION 7. Subitem (8) of item 4 of Section 40-9-30, added by Act 307 of 1980, is amended to read:

"(8) examine, license and renew the licenses of qualified applicants, and certify applicants as to their ability and as to the degree of their practice of chiropractic as authorized under the laws of this State; provided, however, that the non-chiropractic member of the Board shall not participate in the examination of any license applicant on matters of technical or professional nature; provided, further, that the Board shall use the National Board Examination of the National Board of Chiropractic Examiners in lieu of the state written examination for persons graduating from an approved chiropractic college pursuant to Section 40-9-40 after July 1, 1982."

Procedures for revocations or suspensions

SECTION 8. The 1976 Code is amended by adding:

"Section 40-9-31. Any action of the Board relating to the revocation or suspension of a license, or other action restricting a license or otherwise disciplining a licensee shall be taken only after a written complaint of misconduct has been filed with the Board in accordance with regulations promulgated by the Board. After such complaint, a closed hearing shall be held by an examiner selected by the Board after thirty days' notice to the complainant and the licensee or their counsel. The Attorney General's office, upon request of the Board, shall present the case for the complainant before the examiner. Upon receipt of the examiner's report, the Board shall notify the complainant and the licensee and his counsel of the time and place at which the Board will consider the report for the purpose of determining its action thereon, such notice to be given not less than ten days prior to such meeting. The complainant and the licensee and his counsel shall have the right to appear before the Board at such meeting, submit briefs and be heard in oral argument in opposition to or in support of the recommendations of the Board. The Attorney General's office shall also have the right to appear before the Board and submit briefs and be heard in oral argument. Upon its final review, the Board may either dismiss the complaint or find that the licensee is guilty of misconduct meriting sanction. The Board shall file a final certified report of the proceedings before it with the Secretary of the Board who shall forthwith notify the complainant and the licensee and his counsel of such action. A decision of the Board to revoke, suspend or otherwise restrict a license or to limit or otherwise discipline persons engaging in the practice of chiropractic shall require a majority vote of the membership of the Board. The board's decision shall be subject to appeal to the circuit court, which shall hear the matter de novo upon petition filed by the licensee with the court and served upon the Secretary of the Board within ten days from the date of delivery of the board's decision to the licensee. A decision by the Board to revoke, suspend or otherwise restrict a license or to limit or otherwise discipline a licensee or one who is found to be practicing chiropractic in noncompliance with this chapter shall not become effective until the tenth day following the date of delivery to the licensee of a written copy of the decision. Service of a petition for a review of the decision shall stay the board's decision pending completion of the appellate process."

Time effective

SECTION 9. This act shall take effect upon approval by the Governor.