Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 100, Jan. 10 | Printed Page 120, Jan. 10 |

Printed Page 110 . . . . . Wednesday, January 10, 1996

S. 1012 -- Senator Greg Smith: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO TAKE THE NECESSARY STEPS TO RENAME THE SAMPIT RIVER BRIDGE IN HONOR OF MR. SYLVAN L. ROSEN.

Whereas, Sylvan Rosen's selfless devotion to duty and charitable service to the citizens of Georgetown County is unparalleled; and

Whereas, he served as Mayor of Georgetown from 1948 to 1961 and it was during this administration that the town of Georgetown experienced unprecedented growth and implemented programs which still serve the citizens of Georgetown; and

Whereas, he served as county attorney for many years generously providing the citizens of Georgetown County valuable legal services without giving consideration to billing the county for these services even though he was entitled to compensation; and

Whereas, he served as attorney for the Georgetown County Water and Sewer District and District Highway Commissioner for many years; and

Whereas, he is truly a distinguished South Carolinian who has given most generously of his time and talents to the Georgetown community for many years, and it would be appropriate that his services be recognized by renaming the Sampit River Bridge in his honor. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to take the necessary steps to rename the Sampit River Bridge the Sylvan L. Rosen Bridge.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Referred to the Committee on Transportation.

H. 4415 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE DOUGLAS HUGH MCFADDIN, CLERK OF COURT OF CLARENDON COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4417 -- Rep. R. Smith: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE CITIZENS OF SOUTH CAROLINA TO ALAN B. WHITEHOUSE, M. D., OF THE DEPARTMENT OF


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SURGERY OF THE UNIVERSITY HOSPITAL, AUGUSTA, GEORGIA, FOR HIS DISTINGUISHED SERVICE TO THE MEDICAL PROFESSION.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4418 -- Reps. Wilder, Stoddard and Carnell: A CONCURRENT RESOLUTION HONORING THE THORNWELL HIGH SCHOOL "BIG DOG" FOOTBALL TEAM ON A MEMORABLE UNDEFEATED STATE CHAMPIONSHIP SEASON FOR 1995.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3864 -- Rep. Quinn: A BILL TO AMEND SECTION 15-41-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS, SO AS TO REVISE A REFERENCE TO CITED PROVISIONS OF THE FEDERAL BANKRUPTCY REFORM ACT.

Read the first time and referred to the Committee on Judiciary.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4037 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD FORMER COUNTY COUNCIL MEMBERS WHO SERVED AT LEAST TWELVE YEARS ON COUNTY COUNCIL AND TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYER AND EMPLOYEE CONTRIBUTIONS UNDER THE PLAN.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart,


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R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: 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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Medical Affairs Committee proposed the following amendment (BR1\18492AC.95), which was tabled:

Amend the bill, as and if amended, Section 40-51-30, page 2, line 24, by inserting after /Governor,/ /with the advice and consent of the Senate,/.

Amend further, Section 40-51-80, page 4, line 16, by inserting after /such/ /may use/.


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Amend further by deleting Section 3 and inserting:

/SECTION 3. 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 without examination 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 podiatrist or chiropodist who has been practicing his profession in any state for a period of one year or more, who has been duly licensed by a state board and who has enjoyed during such time good professional repute, may upon presentation of proper credentials be issued a license without examination./"

Amend further, Section 40-51-130, page 5, line 11, by deleting /issued under this chapter/.

Amend further, Section 40-51-160(A) and (B), page 5, by deleting lines 16-31 and inserting:

/"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. When there is reason to believe that there has been a violation of this chapter or a regulation promulgated under this chapter, the Department of Labor, Licensing, and Regulation may investigate the alleged violation by a podiatrist or chiropodist or by a person who has practiced or attempted to practice podiatry or chiropody without a license. Upon notice and an opportunity for a hearing in accordance with the Administrative Procedures Act, the board may deny the issuance of a license or suspend, revoke, or restrict a license or fine a person found to have violated a provision of this chapter or a regulation promulgated under this chapter. Any A decision of the board to revoke or suspend a license made pursuant to this section is subject to review by an Administrative Law Judge as provided under Article 5 of Chapter 23 of Title 1.

(B) A decision by the board to deny the issuance of a license or suspend, or revoke, or restrict a license by the board or impose a fine 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.


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The grounds for denying issuance of a license or for revocation, or suspension, or restriction of a license or for imposition of a fine are is a satisfactory showing to the board of any of the following that a person:/.

Amend further, Section 40-51-160(B)(11), page 6, by deleting lines 20-21 and inserting: /violation, or conspiring to violate, any provisions a provision or terms of the podiatry practice laws this chapter or a regulation promulgated under this chapter./

Amend further, Section 40-51-160, page 7, by deleting /medicine/ on lines 1 and 23 and inserting /podiatry/.

Amend further, Section 40-51-160, page 7, by inserting before the quotes at the end of line 23: /The board may impose a fine under this section up to five hundred dollars for each violation of this chapter or of a regulation promulgated under this chapter, but the total fine may not exceed five thousand dollars. All fines must be remitted to the State Treasurer and deposited in a special fund from which the board must be reimbursed upon the approval of the State Budget and Control Board for administrative costs associated with each complaint or alleged violation. At any time the revenue in this fund exceeds twenty thousand dollars, all funds in excess of twenty thousand dollars must be remitted to the general fund. Fines are payable immediately upon the effective date of the board's action imposing the fine. Interest accrues after fines are due at the maximum rate allowed by law. The license of a person against whom a fine is imposed may not be reinstated until the fine has been paid in full./

Amend further by adding appropriately numbered sections to read:

/SECTION __. Section 40-51-40 of the 1976 Code is amended to read:

"Section 40-51-40. The Board of Podiatry Examiners may formulate promulgate regulations to carry out the terms of this chapter including, but not limited to, regulations establishing continuing education requirements."

SECTION __. The 1976 Code is amended by adding:

"Section 40-51-57. In addition to all licensing requirements provided for in this chapter, an applicant for licensure must have completed a one-year post-podiatric medical formal preceptorship or residency program approved by the American Association of Podiatric Physicians and Surgeons or the American Podiatric Medical Association."/

Renumber sections to conform.

Amend title to conform.

Senator BRYAN spoke on the amendment and moved to table the committee amendment.

There was no objection and the amendment was tabled.


Printed Page 115 . . . . . Wednesday, January 10, 1996

Senators BRYAN and GIESE proposed the following amendment (PT\2124AC.96), which was adopted:

Amend the bill, as and if amended, by striking all after enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 40-51-57. (A) In addition to all licensing requirements provided for in this chapter, an applicant for licensure must have completed a one-year post-podiatric medical formal preceptorship or residency program approved by the American Association of Podiatric Physicians and Surgeons or the American Podiatric Medical Association.

(B) The board may issue limited licenses to podiatrists participating in approved preceptorship or residency programs."

SECTION 2. 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 who shall serve as chairman, and three of whom must be podiatrists, one from each of these districts:


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(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. 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 and a statement indicating a desire to be a candidate for the board. The secretary shall prepare ballots for mailing to all licensed podiatrists. 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.

(D) Ballots must be mailed by the secretary before April second to the last known mailing address of all licensed podiatrists 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.


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(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 3. Section 40-51-40 of the 1976 Code is amended to read:

"Section 40-51-40. The Board of Podiatry Examiners may formulate promulgate regulations to carry out the terms of this chapter including, but not limited to, regulations establishing continuing education requirements."

SECTION 4. 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 may use other practical written or oral or written and 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 5. 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 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 podiatrist or chiropodist who has been practicing his profession in any state for a period of one year or more, who has been duly licensed by a state board and who has enjoyed during such time good professional repute, may upon presentation of proper credentials may be issued a license without examination."


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SECTION 6. 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 within thirty days of its issue."

SECTION 7. 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 South Carolina Board of Podiatry Examiners. 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 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 8. 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 just cause, 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


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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 this chapter or a regulation promulgated under this chapter.

(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


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