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COMMITTEE REPORT
March 31, 2005
H. 3108
Introduced by Reps. M.A. Pitts, Barfield, Taylor, Mahaffey, Duncan, Umphlett and Whipper
S. Printed 3/31/05--S. [SEC 4/1/05 2:20 PM]
Read the first time March 3, 2005.
To whom was referred a Bill (H. 3108) to amend Section 40-47-211, Code of Laws of South Carolina, 1976, relating to the Medical Disciplinary Commission of the State Board of Medical Examiners, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting Section 40-47-211(C) and inserting:
/ (C) In addition to the above members of the commission, the Governor shall appoint two lay members from each congressional district who must be residents of the congressional districts that they represent, must have a baccalaureate degree or higher, must not be employed in, or have a member of their immediate family employed in, a health or medically related field, and must not have been convicted of a felony or a crime of moral turpitude. Each lay member shall serve for a term of three years and until his successor is appointed and qualifies. Vacancies must be filled in the manner of the original appointment for the remainder of the unexpired term. The Governor may reappoint a member to serve a full term; however, a lay member may not serve more than three terms./
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR. for Committee.
TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT EACH MEDICAL DISCIPLINARY COMMISSION PANEL FROM A CONGRESSIONAL DISTRICT HEARING AND INVESTIGATING COMPLAINTS AGAINST A PARTICULAR PHYSICIAN OR PHYSICIANS MUST CONTAIN AT LEAST ONE LAY MEMBER OF THE COMMISSION FROM THAT CONGRESSIONAL DISTRICT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-47-211 of the 1976 Code is amended to read:
"Section 40-47-211. (A) 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.
(B) 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.
(C) In addition to the above members of the commission, each congressional district must be represented by two additional lay members who must be residents of the congressional districts which they represent on the commission. These lay members must be appointed by the Governor. Each lay member shall serve for a term of three years and until his successor is appointed and qualifies. Vacancies must be filled in the manner of the original appointment for the remainder of the unexpired term. Reappointment to serve a full term may ensue at the discretion of the Governor, however, lay members of the commission are limited to three terms.
(D) Each Medical Disciplinary Commission panel from a congressional district hearing and investigating complaints against a particular physician or physicians must contain at least one lay member of the commission."
SECTION 2. This act takes effect upon approval by the Governor.
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