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Current Status Bill Number:View additional legislative information at the LPITS web site.33 Ratification Number:103 Act Number:58 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Moore All Sponsors:Moore, O'Dell, Elliott, Giese, Rankin, Washington, Setzler Drafted Document Number:l:\s-res\tlm\001medc.jjj.doc Date Bill Passed both Bodies:19990602 Governor's Action:S Date of Governor's Action:19990611 Subject:Medical Disciplinary Commission, membership increased, election of History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990702 Act No. A58 ------ 19990611 Signed by Governor ------ 19990609 Ratified R103 House 19990602 Read third time, enrolled for ratification House 19990601 Read second time House 19990526 Committee report: Favorable 27 H3M House 19990422 Introduced, read first time, 27 H3M referred to Committee Senate 19990421 Read third time, sent to House Senate 19990420 Read second time Senate 19990415 Committee report: Favorable 13 SMA Senate 19990112 Introduced, read first time, 13 SMA referred to Committee Senate 19981118 Prefiled, referred to Committee 13 SMA Versions of This Bill Revised on April 15, 1999 - Word format Revised on May 26, 1999 - Word format
(A58, R103, S33)
AN ACT TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO INCREASE THE NUMBER OF MEMBERS OF THE MEDICAL DISCIPLINARY COMMISSION TO THIRTY-SIX MEMBERS, TO REVISE THE PROCEDURES WHEREBY MEMBERS ARE SELECTED INCLUDING A REQUIREMENT THAT AT-LARGE MEMBERS TO BE CURRENTLY LICENSED AND ACTIVELY PRACTICING MEDICINE IN SOUTH CAROLINA, TO ALLOW THE BOARD TO APPOINT PAST COMMISSIONERS TO HEAR COMPLAINTS IN INDIVIDUAL CASES, AND TO REVISE COMPLAINT PROCEDURES.
Be it enacted by the General Assembly of the State of South Carolina:
Medical Disciplinary Commission composition, election procedures
SECTION 1. Section 40-47-211 of the 1976 Code is amended to read:
"Section 40-47-211. There is created the Medical Disciplinary Commission of the State Board of Medical Examiners to be composed of thirty-six members. The members of the commission must be licensed physicians practicing their profession, and five commissioners must be elected from each of the six congressional districts, and six members of the commission must be elected at large from across the State. The board shall conduct the elections, and the elections shall provide for participation by any physician currently licensed and actively practicing medicine in South Carolina and residing in the congressional district in which the election is held. At-large members must be currently licensed and actively practicing medicine in South Carolina and must reside within the State at the time of election and throughout their term. One commissioner initially elected from each district shall serve for a term of one year and until his successor is elected and qualifies, one commissioner initially elected from each district shall serve for a term of two years and until his successor is elected and qualifies, and one commissioner initially elected from each district shall serve for a term of three years and until his successor is elected and qualifies. The successors of the initial commissioners shall serve for terms of three years or until their successors are elected and qualify. The members of the commission are limited to three terms. The members appointed to the board may not simultaneously serve as a commissioner. In case of any vacancy by way of death, resignation, or otherwise, the board shall appoint a successor to serve for the unexpired term. Where justice, fairness, or other circumstances so require, the board may appoint past commissioners to hear complaints in individual cases.
The commission is empowered to investigate and hear those complaints against physicians (medical and osteopathic) filed with the board pursuant to Section 40-47-200. The hearing must be conducted in accordance with Act 176 of 1977 (Administrative Procedures Act) and with regulations promulgated by the board and must be before a panel composed of at least three commissioners designated by the board. The panel is empowered to hear the matters complained of and to make findings of fact and recommendations as to disposition of those matters to the board. The panel shall make a certified report of the proceedings before it, including its findings of fact, conclusions, and recommendations, which must be filed together with a transcript of the testimony taken and exhibits as may have been in evidence before it with the administrator of the board, and a copy of the report must be delivered to the office of general counsel and the licensee or his counsel."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 9th day of June, 1999.
Approved the 11th day of June, 1999.
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