Current Status Bill Number:1064 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980224 Primary Sponsor:Bryan All Sponsors:Bryan Drafted Document Number:kgh\15444ac.98 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Podiatrists, occupational licensing board, licensure and regulation of; Podiatry
Body Date Action Description Com Leg Involved
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Senate 19980224 Introduced, read first time, 13 SMA
referred to Committee
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TO AMEND TITLE 40, CHAPTER 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PODIATRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PODIATRISTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 51, Title 40 of the 1976 Code is amended to read:
Section 40-51-10. The terms "chiropody" or "chiropodist" or their derivatives and the terms "podiatry" or "podiatrist" or their derivatives shall convey and imply identical meanings.
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 the application or prescribing of any 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 the use of any 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.
Section 40-51-30. (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:
(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 consecutive 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, in conjunction with the Department of Labor, Licensing and Regulation, 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 Department of Labor, Licensing and Regulation.
(D) Ballots must be mailed before April second to the last known mailing address of all licensed podiatrists and must be returned to the department 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.
(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.
Section 40-51-40. The Board of Podiatry Examiners may promulgate regulations to carry out this chapter including, but not limited to, regulations establishing continuing education requirements.
Section 40-51-50. It shall be unlawful for any person to profess to be a podiatrist or chiropodist or to practice or assume the duties incident to podiatry or chiropody without first obtaining from the State Board of Podiatry Examiners a podiatry license.
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 40-51-60. Any person desiring to enter into the practice of podiatry in this State shall pay a fee to be determined by regulation of the Board.
Section 40-51-65. It is unlawful for any person to practice podiatric medicine in this State without obtaining first a license from the board.
The board shall conduct an examination of any 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.
Section 40-51-70. The Board may make such regulations as it may deem necessary to conduct its examinations and meetings. It shall provide such books, blanks, and forms as may be necessary to conduct such examinations and shall preserve and keep a complete record of all its transactions.
Section 40-51-80. For the purposes of examination the board shall use the National Board of Podiatry Examination and may use other written or oral or written and oral examinations as the board considers necessary; however, a written examination administered by the board must be a nationally recognized examination or must be administered by at least one other state. The board shall offer the required examinations at least twice annually. A successful applicant who has completed all requirements is eligible for a certificate to practice podiatric medicine.
Section 40-51-100. Each 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 be returned to the applicant. Any applicant who fails to pass an examination shall be entitled to a reexamination within six months upon payment of the original examination fee, but only two such reexaminations shall be permitted under the privilege of the original application.
Section 40-51-110. Upon payment of a fee to be determined by regulation of the board, a license may be issued to a podiatrist or a chiropodist moving to this State from 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.
Section 40-51-120. Any person to whom a license is granted under the provisions of this chapter shall be entitled to be known as a licensed podiatrist or chiropodist and any other podiatrist or chiropodist who may later practice in the State shall be privileged to use the title which his diploma from his podiatry or chiropody college may have granted.
Section 40-51-130. A license must be conspicuously displayed at the place of practice within thirty days of its issue.
Section 40-51-140. A person licensed to practice podiatry must pay an annual renewal license fee which must be established in regulation by the board, annually must complete twelve hours of continuing medical education through a program approved by the South Carolina Board of Podiatry Examiners, and must submit documentation to the board of completion of this education. 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 the renewal fee is not paid within two months after the date of notification by the secretary that the fee is due, the license of the person 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 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 40-51-150. The State Board of Podiatry Examiners may revoke the license to practice podiatry or chiropody of any person who, while holding such license, obtains a fee or a promise or obligation to pay a fee by fraud, or is guilty of gross negligence, ignorant or wilful malpractice in the practice of podiatry or chiropody, violation of any provisions of this chapter or any immoral or dishonorable conduct.
Section 40-51-160. (A) The Board of Podiatry, if it has 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. 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 that a holder of a license:
(1) used a false, fraudulent, or forged statement or document or practiced a fraudulent, deceitful, or dishonest act in connection with a licensing requirement;
(2) has been convicted of a felony or other crime involving moral turpitude, drugs, or gross immorality;
(3) is addicted to alcohol or drugs to such a degree as to render the podiatrist unfit to practice podiatry;
(4) has been convicted of the illegal or unauthorized practice of podiatry;
(5) has knowingly performed an act which in any way assists an unlicensed person to practice podiatry;
(6) has sustained a physical or mental disability which renders further practice by the podiatrist dangerous to the public;
(7) has engaged in advertising for the practice of podiatry in a manner that is deceptive or untruthful;
(8) is guilty of the performance of dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;
(9) is guilty of the use of a false or fraudulent statement in a document connected with the practice of podiatry;
(10) is guilty of obtaining fees or assisting in obtaining fees under dishonorable, false, or fraudulent circumstances; or
(11) has violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation or conspiring to violate a provision or term of this chapter or a regulation promulgated under this chapter.
(C) In addition to all other remedies and actions incorporated in this chapter, the license of a person adjudged mentally incompetent by a court of competent jurisdiction is automatically suspended by the board until 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 a physician mutually agreed to by the licensee or applicant and the board. If agreement is not reached, an administrative law judge may appoint a physician to conduct the examination. 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 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 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. These records are admissible in a hearing before the board, notwithstanding any other provision of law, if there is a prior showing that the past mental or physical condition of the licensee or applicant relates to a condition which may render the licensee or applicant unfit to practice podiatry. 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 podiatry with reasonable skill and safety to patients.
(F) The board may impose a fine of up to five hundred dollars for each violation of this chapter or of a regulation promulgated under this chapter; however, 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.
Section 40-51-170. All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any other Board source or activity shall be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall be credited to the General Fund of the State. All assessments, fees or licenses shall be levied in an amount sufficient to at least equal the amount appropriated in the annual General Appropriations Act for the Board, plus any additional funds allocated by the Budget and Control Board for implementation of the State's Personnel Compensation Plan.
Section 40-51-180. All license fees received by the Board shall be used to defray the necessary expenses of maintaining the Board.
Section 40-51-190. The Board shall report annually in accordance with the provisions of Chapter 73, Title 40 of the 1976 Code.
Section 40-51-200. It shall be deemed prima facie evidence of the practice of podiatry or chiropody or of holding one's self out as a practitioner within the meaning of this chapter for any person to treat in any manner the human foot by medical, mechanical or surgical methods or electrical means or in any sign or advertisement to use the word "chiropodist" or "registered chiropodist" or "podiatrist," or "foot specialist" or "foot correctionist" or "foot expert" or "practapedist" or "podiatrist" or any other term or letters indicating that he is a podiatrist or chiropodist.
Section 40-51-220. Any person who shall practice or attempt to practice podiatry or chiropody in this State without having complied with the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not less than ninety days, nor more than one year, or both.
Section 40-51-230. This chapter shall not apply to licensed physicians or surgeons in this State, to osteopaths licensed by the State Board of Medical Examiners, nor to surgeons of the Army, Navy, Air Force, and Public Health Service when in actual performance of their official duties.
Section 40-51-240. No part of this chapter shall be deemed to prohibit the fitting or sale of shoes or arch supports, excepting those shoes or arch supports or other mechanical devices or prosthetics that involve foot casting or impressions or fabricating for the feet, except by written prescription of a duly licensed medical doctor or chiropodist.
Section 40-51-260. No agency of the State, county or municipality, nor any commission or clinic, nor any board administering relief, social security, health insurance or health service under the laws of the State of South Carolina shall deny to the recipients or beneficiaries of their aid or services the freedom to choose the provider of care or service which are within the scope of practice of a duly licensed podiatrist as defined in this chapter.
Section 40-51-270. No member of the Board may serve as an officer in any state podiatry association during his tenure on the Board.
Section 40-51-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to podiatrists, regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
Section 40-51-10. In accordance with Section 40-1-10, there is created the Board of Podiatric Medical Examiners under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the public by regulating the practice of podiatric medicine through the administration and enforcement of this chapter and any regulations promulgated under this chapter.
Section 40-51-20. For the purposes of this chapter:
(1) 'Board' means the South Carolina State Board of Podiatric Medical Examiners.
(2) 'Diagnosis' means 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) 'Director' means the Director of the Department of Labor, Licensing and Regulation.
(4) 'In-training limited license' means an authorization to practice podiatric medicine under the supervision of a podiatrist licensed to practice podiatric medicine under this section, provided that supervision is not by a person holding limited license and that the practice of podiatric medicine is a part of the curriculum of postgraduate training, of at least one year in duration, in a preceptorship sponsored by an accredited school or college of podiatric medicine or approved by the board, or a residency program accredited by the Council on Podiatric Medical Education, or approved by the board, and that such training is taking place within South Carolina.
(5) 'License' means an authorization to practice podiatric medicine issued by the South Carolina Board of Podiatric Medical Examiners under this section.
(6) 'Licensee' means any individual who has met the requirements for licensure under this chapter and has been issued a license by the board.
(7) 'Medical treatment' means the application or prescribing of any therapeutic agent or remedy for the relief of foot ailments except the medical treatment of local manifestations of systemic conditions in the foot.
(8) 'Person' means any individual, organization, or corporation except that only individuals can be licensed under this chapter.
(9) 'Podiatric medicine' is the profession of the health sciences concerned with the diagnosis and medical and surgical treatment of the human foot except the administration of an anaesthetic other than local.
(10) 'Podiatrist' means one who is licensed to practice podiatric medicine and surgery by the South Carolina Board of Podiatric Medical Examiners. It shall be deemed prima facie evidence of the practice of podiatric medicine or of holding one's self out as a practitioner within the meaning of this chapter for any person to treat in any manner the human foot by medical, mechanical, or surgical methods or electrical means or in any sign or advertisement to use the word 'podiatrist' or 'foot specialist' or 'foot correctionist' or 'foot expert' or 'practapedist' or any other term or letters tending to imply that he is a podiatrist.
(11) 'Surgical treatment' means the use of any cutting instrument to treat a disease, ailment, deformity, or condition of the foot but does not confer the right to amputate the foot or toes.
Section 40-51-30. It is unlawful for a person to profess to be a podiatrist, to hold himself out as a practitioner, or to practice or assume the duties incident to podiatric medicine without first obtaining from the State Board of Podiatric Medical Examiners a license to practice podiatric medicine.
Section 40-51-40. This board is administered pursuant to Sections 40-1-40 and 40-1-50.
Section 40-51-45. This board adheres to Section 40-1-45.
Section 40-51-50. (A) Any and all fees, including any application fee established by the board in regulation, must be assessed, collected, and adjusted on behalf of the board by the Department of Labor, Licensing and Regulation in accordance with regulations promulgated under this chapter and Section 40-1-50(D).
(B) All fees are nonrefundable.
(C) A check which is presented to the board as payment for a fee which the board is permitted to charge under this chapter and which is returned unpaid may be cause for denial of a license or refusal to renew or reinstate a license or for imposing a sanction authorized under this chapter or Section 40-1-50(G).
Section 40-51-60. (A)(1) The Board of Podiatric Medical Examiners is 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:
(a) 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;
(b) the Central District comprised of Kershaw, Chesterfield, Marlboro, Darlington, Lee, Sumter, Clarendon, Richland, Calhoun, Orangeburg, Lexington, Aiken, Barnwell, and Allendale Counties; and
(c) the Lower District comprised of Hampton, Jasper, Beaufort, Colleton, Charleston, Dorchester, Bamberg, Berkeley, Williamsburg, Georgetown, Florence, Horry, Marion, and Dillon Counties.
(2) 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 podiatric medicine in this State and actively engaged in the practice of podiatric medicine 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 consecutive term of office; however, a person appointed to fill an unexpired portion of a term if reelected and reappointed may serve one full term.
(3) 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, in conjunction with the Department of Labor, Licensing and Regulation, 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 Department of Labor, Licensing and Regulation.
(4) Ballots must be mailed before April second to the last known mailing address of all licensed podiatrists and must be returned to the department 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.
(5) 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.
(6) Notwithstanding subsection (2), if a nominee is judged unfit by the Governor, the board must be informed and other nominees must be submitted in like manner.
(7) Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
(8) The Governor may remove any member of the board in accordance with Section 1-3-240.
(9) Each member of the board shall, before entering upon the discharge of the duties of his office, take and file with the Secretary of State, in writing, an oath to perform properly the duties of the office as a member of the board and to uphold the Constitution of this State and the United States.
(10) No member of the board may serve as an officer in any state podiatry association during his tenure on the board.
(B) In addition to the provisions of Section 40-1-60, the following apply:
(1) The board shall annually elect from among its members a chairman, vice-chairman, and other officers as the board determines necessary.
(2) The board shall meet four times per year and at other times upon the call of the chairman or a majority of the board.
(3) Three members of the board shall constitute a quorum at all meetings; however, if there is a vacancy on the board, a majority of the members serving constitutes a quorum.
(4) The board shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings.
(5) The board may have and use an official seal bearing the name of the board.
Section 40-51-70. (A) In addition to the powers and duties included in Section 40-1-70 through Section 40-1-100, the board shall:
(1) promulgate regulations consistent with this chapter;
(2) establish policies and procedures necessary to meet the requirements of this chapter;
(3) have the full power to regulate the issuance of licenses; and
(4) discipline podiatrists in any manner permitted by this chapter or under the provisions of Section 40-1-110 through Section 40-1-150.
(B) The board may promulgate regulations setting forth a code of ethics for persons licensed by the board.
Section 40-51-80. Investigations must be conducted in accordance with the provisions of Sections 40-1-80, 40-1-90, and 40-1-190.
Section 40-51-90. Hearings must be conducted in accordance with the provisions of Sections 40-1-80, 40-1-90, and 40-1-190.
Section 40-51-100. Restraining orders and cease and desist orders must be issued in accordance with the provisions of Section 40-1-100.
Section 40-51-110. (A) In addition to grounds for disciplinary actions as set forth in Section 40-1-110 and in accordance with this section, the board may take disciplinary action against a licensee who:
(1) violates federal, state, or local laws relating to the practice of podiatric medicine;
(2) violates any provisions of this chapter, any order issued, or regulation promulgated by the board;
(3) fraudulently or deceptively attempts to use, obtain, alter, sell, or barter a license;
(4) aids or abets a person who is not a licensed podiatrist in illegally engaging in the practice of podiatric medicine within this State;
(5) participates in the fraudulent procurement or renewal of a license for himself or another person or allows another person to use his license;
(6) commits fraud or deceit in the practice of podiatric medicine including, but not limited to:
(a) misrepresenting an educational degree, training, credentials, competence, or any other material fact;
(b) using or promoting or causing the use of any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial guarantee, warranty, label, brand, insignia, or any other representation;
(c) wilfully making or filing a false report or record in the practice of podiatric medicine;
(d) submitting a false statement to collect a fee or obtaining a fee through fraud or misrepresentation;
(7) commits any act of dishonest, immoral, or unprofessional conduct while engaging in the practice of podiatric medicine including, but not limited to:
(a) engaging in illegal, incompetent, or negligent practice;
(b) providing professional services while mentally incompetent or under the influence of alcohol or drugs;
(c) providing services or promoting the sale of devices, appliances, or products to a person who cannot reasonably be expected to benefit from such services, devices, appliances, or products;
(d) diagnosing or treating individuals by mail or telephone unless the individual was previously examined by the licensee and the diagnosis or treatment is related to the examination or at the request of the attending physician;
(8) is convicted or pleads guilty or nolo contendere to a felony or crime involving moral turpitude or a violation of a federal, state, or local alcohol or drug law, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(9) is disciplined by a licensing or disciplinary authority of any other state, country, or nationally recognized professional organization, or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;
(10) fails to obtain informed consent when performing an invasive procedure. Written informed consent must be obtained when engaging in procedures which have been defined as experimental;
(11) violates any code of ethics which may be promulgated in regulation by the board;
(12) has been convicted of the illegal or unauthorized practice of podiatric medicine;
(13) has engaged in advertising for the practice of podiatric medicine in a manner that is deceptive or untruthful; or
(14) has violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation or conspiring to violate a provision or term of this chapter or a regulation promulgated under this chapter.
(B) In addition to all other remedies and actions incorporated in this chapter, the license of a person adjudged mentally incompetent by a court of competent jurisdiction is automatically suspended by the board until the person is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
(C) The board upon just cause may require a licensee or applicant to submit to a mental or physical examination by a physician approved 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 podiatric medicine in this State or who files an application for a license to practice podiatric medicine 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 podiatric medicine under this subsection must be afforded a hearing within a reasonable time to provide the opportunity to demonstrate to the board the ability to resume or begin the practice of podiatric medicine with reasonable skill and safety to patients.
(D) 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. These records are admissible in a hearing before the board, notwithstanding any other provision of law, if there is a prior showing that the past mental or physical condition of the licensee or applicant relates to a condition which may render the licensee or applicant unfit to practice podiatric medicine. A person who accepts the privilege of practicing podiatric medicine in this State or who files an application to practice podiatric medicine 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 podiatric medicine under this subsection must be afforded a hearing within a reasonable time to provide the opportunity to demonstrate to the board the ability to resume or begin the practice of podiatric medicine with reasonable skill and safety to patients.
(E) In enforcing Section 40-1-110 and this section, the board shall maintain the confidentiality of the records relating to the mental or physical condition of the licensee or applicant and restrict the disclosure and dissemination of the records, any portion of its contents, or a summary to those individuals who are directly involved in the decision-making process regarding the license or application.
Section 40-51-115. The board has jurisdiction as outlined in Section 40-1-115.
Section 40-51-120. Upon a determination by the board that one or more of the grounds for disciplining a licensee exists, as provided for in Sections 40-51-110 and 40-1-110, the board may, in addition to the actions as provided for in Section 40-1-120, impose a fine not to exceed $50,000.
Section 40-51-130. Applications may be denied pursuant to the provisions of Section 40-1-130.
Section 40-51-140. Prior convictions must be reviewed and evaluated pursuant to Section 40-1-140.
Section 40-51-150. A licensee who is under investigation for any of the grounds provided for in Section 40-51-110 for which the board may take disciplinary action may voluntarily surrender his license or permit to the board in accordance with the provisions of Section 40-1-150.
Section 40-51-160. A person aggrieved by any action of the board may seek review of the decision in accordance with the provisions of Section 40-1-160.
Section 40-51-170. Costs must be recovered pursuant to Section 40-1-170.
Section 40-51-180. Collections must be made pursuant to Section 40-1-180.
Section 40-51-190. In addition to communications protected pursuant to Section 40-1-190, no person connected with any complaint, investigation, or other proceeding before the board including, but not limited to, any witness, counsel, counsel's secretary, board member, department employee assigned to the board, court reporter, or investigator may mention the existence of the complaint, investigation, or other proceeding, disclose any information pertaining to the complaint, investigation, or other proceeding, or discuss any testimony or other evidence in the complaint, investigation, or other proceeding, except to persons involved and having direct interest in the complaint, investigation, or other proceeding and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. However, whenever the board receives information in any complaint, investigation, or other proceeding before it indicating a violation of state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body. Nothing contained in this section may be construed so as to prevent the board from making public a copy of its final order in any proceeding as authorized or required by law.
Section 40-51-200. In accordance with Section 40-1-200:
(1) A person who practices or offers to practice podiatric medicine for compensation in this State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars and not more than fifty thousand dollars or imprisoned for not less than thirty days and not more than twelve months, or both.
(2) A person violating any other provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred fifty dollars and not more than five thousand dollars or imprisoned for not less than ten days and not more than six months, or both.
Section 40-51-210. Requests for injunctive relief and civil fines must be made pursuant to Section 40-1-210.
Section 40-51-220. (A) Any person desiring to be licensed by the board as a podiatrist must meet the following criteria:
(1) have earned a Doctor of Podiatric Medicine degree from a school or college of podiatric medicine accredited by the Council of Podiatric Medical Education;
(2) have taken and passed, every and all portions of the National Board Examinations administered by the National Board of Podiatric Medical Examiners;
(3) have taken an examination approved by the board with a score equal or greater to a minimum score established by the board;
(4) have not been found by a licensing board or agency having jurisdiction over the applicant's license to practice podiatric medicine or a judicial proceeding in any state or territory or to have committed acts which are grounds for suspension or revocation or the license as disciplinary action under this chapter or Section 40-1-110; and
(5) 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 Council on Podiatric Medical Education of the American Podiatric Medical Association.
(B) The board may issue a limited license to a podiatrist who is participating in approved preceptorship or residency program of at least one year in duration, provided that such training takes place within South Carolina and the podiatrist has met the requirements of subsections (A) (1) and (2).
(C) A license may be issued to a podiatrist moving to this State from a state maintaining requirements for the practice of podiatric medicine equal to the standard in this State and extending the same reciprocal privileges to podiatrists in this State and who meets such other requirements as the board may establish in regulation.
(D) The board may issue a temporary license to a person who holds an unrestricted license to practice podiatric medicine in another state under the following conditions and purposes:
(1) The applicant must file an application with the board.
(2) Specific proposed practice location or locations and specific time frames must be documented.
(3) The applicant must submit a supervisory/practice agreement as prescribed in regulation. Any supervising podiatrist must possess an active, unrestricted permanent license to practice podiatric medicine in South Carolina.
(4) This license limits practice to specific sites and practice settings and may be issued for a year or part of a year and may not be renewed.
Section 40-51-230. A person desiring to practice as a podiatrist must file a notarized application for a license with the board. The application must be in the form and detail the board prescribes. Each application for a license must be accompanied by the appropriate fee and documentation of eligibility as prescribed by the board.
Section 40-51-240. (A) The board shall conduct an examination of any applicant who submits satisfactory evidence that he has met the requirements of subsection 40-51-220 (A) or (B).
Each applicant, before being allowed to take the examination, must pay to the board a fee to be fixed by the board.
(B) The board shall use a nationally recognized examination and may use other written or oral or written and oral examinations as promulgated in regulations as the board considers necessary to assess the competency of the applicant. However, a written examination administered by the board must be a nationally recognized examination or must be administered by at least one other state. These examinations must be graded in a manner consistent with the recommendations of the authoring organization or the other state. The board shall offer the required examinations at least twice annually.
(C) The applicant may have examination review rights as may be outlined in board regulations.
Section 40-51-250. (A) If an applicant satisfies all licensure requirements as provided for in this chapter, the board shall issue a license to the applicant. A license is a personal right and not transferable and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensed podiatrist while the license remains current and unrestricted. The license remains the property of the State and, upon suspension or revocation, must be returned immediately to the board.
(B) A person licensed under this chapter must display the document in a prominent and conspicuous place in the person's place of business or place of employment.
(C) Only a person licensed under this chapter may use the title of podiatrist.
(D) A duplicate license may be issued by the board in accordance with Section 40-51-50.
(E) Any person to whom a license is granted under the provisions of this chapter is entitled to be known as a licensed podiatrist and any other podiatrist who may later practice in the State must be privileged to use the title which his diploma from his college of podiatric medicine may have granted.
Section 40-51-260. (A) Licenses must be renewed biennially.
Licenses expire on December thirty-first.
(B) To renew a license, the licensee shall:
(1) pay a renewal fee in the amount, at the time, and in the manner as the board provides as set forth in Section 40-51-50.
(2) submit evidence of compliance with continuing education requirements prescribed by the board as set forth in Section 40-51-270. A renewal application is not considered complete unless a report of continuing education is included along with the appropriate renewal fee. Late submission will result in assessment of a late fee, possible audit, and possible denial of renewal. The late renewal fee must be assessed pursuant to the fee schedule.
(C) Failure to renew a license by the December thirty-first renewal date renders the license invalid. The license may be reinstated upon receipt of application, accompanied by the renewal fee and the appropriate delinquency fee established by the board in regulation and a reinstatement fee, postmarked not later than January thirty-first. A delinquent renewal request not postmarked before February first requires a new application under the guidelines in effect for the current period.
Section 40-51-270 (A) As a condition of license renewal, a podiatrist must satisfactorily complete twenty-four hours or two and four-tenths continuing education units of approved continuing education per license period through programs approved by the South Carolina Board of Podiatric Medical Examiners. One-tenth of a continuing education unit equals sixty minutes.
(B) Continuing education must be reported on a form approved by the board. To ensure that it is recorded prior to the renewal deadline of December thirty-first and does not delay a licensee's renewal, the completed form must be received by the board not later than October thirty-first of each year. Any continuing education forms submitted after December thirty-first are subject to the late fee as specified in Section 40-51-50.
(C) Courses used to meet the continuing education requirement must meet standards and conditions established by the board.
(D) Continuing education must be documented and maintained by licensees for audit purposes. A sampling of reports of continuing education must be audited annually.
(1) Each licensee must submit a report of continuing education on a form approved by the board attesting to completion of the required continuing education at the time of license, permit, or registration renewal;
(2) Each licensee must maintain records of continuing education hours earned for a period of four years, and these records must be made available to the director or his designee upon request.
(E) Submission of false or misleading information is grounds for immediate revocation of the license to practice and other disciplinary actions as the board considers appropriate.
Section 40-51-280. No agency of the State, county, or municipality, no commission or clinic, and no board administering relief, social security, health insurance, or health service under the laws of the State of South Carolina shall deny to the recipients or beneficiaries of their aid or services the freedom to choose the provider of care or service which are within the scope of practice of a duly licensed podiatrist as defined in this chapter.
Section 40-51-290. This chapter does not apply to licensed physicians or surgeons in this State, to osteopaths licensed by the State Board of Medical Examiners, or to surgeons of the Army, Navy, Air Force, and Public Health Service when in actual performance of their official duties.
Section 40-51-300. If any provision of this chapter or the application of any provision to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this statute which can be given effect without the invalid provision or application, and to this end the provisions of this statute are severable."
SECTION 2. This act takes effect upon approval by the Governor.