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Current Status Bill Number:View additional legislative information at the LPITS web site.5078 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020410 Primary Sponsor:Harrison All Sponsors:Harrison Drafted Document Number:l:\council\bills\nbd\11558ac02.doc Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Professional liability insurance required for chiropractors History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020410 Introduced, read first time, 27 H3M referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-100 SO AS TO REQUIRE APPLICANTS FOR CHIROPRACTIC LICENSURE OR LICENSURE RENEWAL TO PROVIDE PROOF OF PROFESSIONAL LIABILITY INSURANCE AND TO PROVIDE THAT LICENSURE MUST BE DENIED IF THIS INFORMATION IS NOT PROVIDED OR CANCELLED IF THE LICENSEE DOES NOT MAINTAIN THE REQUIRED INSURANCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-9-100. (A) Before the board may issue a license or renew a license to practice chiropractic in this State to a qualified applicant, the applicant shall furnish the board with proof that the applicant has purchased professional liability insurance from an acceptable insurer in an amount not less than one million dollars per person and three million dollars aggregate for each occurrence against liability for injury to persons arising out of the applicant's practice of chiropractic and proof that the policy of liability is in effect. Liability insurance must be maintained continuously during the entire licensure period. The amount of the deductible provision in the insurance policy is dependent upon the applicant's proof of financial responsibility and must be established by the board on a case-by-case basis. For purposes of this section, an acceptable insurer is an insurer which is either licensed by the Director of the Department of Insurance in this State or approved by the Department of Insurance as a nonadmitted surplus lines carrier for risks located in this State. Each policy, by it original terms or an endorsement, shall obligate the insurer that it will not cancel, suspend, or nonrenew the policy without thirty days' written notice of the proposed cancellation, suspension, or nonrenewal and a complete report of the reasons for the cancellation, suspension, or nonrenewal being given to the board. If the liability insurance is canceled, suspended, or nonrenewed, the insurer shall immediately notify the board. This section may not be construed to expand any of the rights granted the employees of the applicant under the workers' compensation laws of this State.
(B) At or prior to the time of application for licensure, an applicant must provide to the board proof that the liability insurance required pursuant to subsection (A) is in effect, the effective dates of the policy, the policy number, policy limits, and the name and address of the insurance agent and insurance carrier. Failure to provide this information or failure to continuously maintain the required liability insurance results in denial or cancellation of licensure until compliance with this provision is provided."
SECTION 2. This act takes effect upon approval by the Governor.
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