S 1121 Session 110 (1993-1994)
S 1121 General Bill, By Drummond, Leventis, Patterson, Peeler, J.V. Smith and
Washington
Similar(H 4631)
A Bill to amend Section 40-51-80, Code of Laws of South Carolina, 1976,
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 provide for licensure by endorsement; to amend Section
40-51-130, relating to recording of license 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; 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; to repeal
Section 40-51-150, relating to grounds for revocation of licenses; and to
reauthorize the Board of Podiatry Examiners for six years.
02/02/94 Senate Introduced and read first time SJ-6
02/02/94 Senate Referred to Committee on Medical Affairs SJ-6
A BILL
TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH
CAROLINA, 1976, 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 PROVIDE FOR LICENSURE
BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO
RECORDING OF LICENSE 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;
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; TO REPEAL SECTION 40-51-150,
RELATING TO GROUNDS FOR REVOCATION OF LICENSES; AND TO
REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX
YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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
other practical or 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 2. Section 40-51-110 of the 1976 Code is amended to read:
"Section 40-51-110. (A) 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 A podiatrist or chiropodist who has been
practicing his profession in any a state for a
period of one year or more, who has been duly licensed by a state
board, and who has enjoyed during such that time
good professional repute, may upon presentation of proper
credentials may be issued a license without examination.
(B) The board may also grant a license without an examination to
a person residing or employed in the State who at the time of application
is licensed or certified by a similar board of another state whose standards,
in the opinion of the board, are not lower than those required by this
chapter or who has been practicing podiatry in another state and has
qualifications not lower than those required by this chapter."
SECTION 3. 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 issued under this
chapter within thirty days of its issue."
SECTION 4. 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, 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 for revocation or suspension of a license
are a satisfactory showing to the board of any of the following
that:
(1) that any a false, fraudulent, or forged statement
or document has been used or any 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.
(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
reasonable grounds may require a licensee or applicant to submit to a
mental or physical examination by physicians designated 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 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 medicine 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 reasonable
grounds may obtain records relating to the mental or physical condition of
a licensee or applicant including, but not limited to, psychiatric records;
and these records are admissible in a hearing before the board,
notwithstanding any other provision of law. 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 medicine with reasonable skill and safety to
patients."
SECTION 5. Section 44-7-70 of the 1976 Code is amended to read:
"Section 44-7-70. (A) The medical staff chief or
medical director of every a health care facility, as defined
in Section 44-7-130, shall report in writing to the State Board of Medical
Examiners or the Board of Podiatry Examiners the results
of, and the circumstances concerning, any an
action resulting in the revocation or suspension of, or other
limitation upon, a physician's or podiatrist's privileges to
practice in that health care facility. This report is not required in the case
of any of the following:
(1) a nondisciplinary resignation by the physician or
podiatrist; however, any a resignation occurring after
an incident or occurrence which could result in the revocation or
suspension of, or other limitation upon, the physician's
or podiatrist's privileges must be reported;
(2) a minor disciplinary action regarding the physician's or
podiatrist's privileges in that health care facility when the action taken
does not involve the revocation or suspension of, or other
limitation upon, the physician's or podiatrist's privileges
to practice there;
(3) a disciplinary action resulting from the physician's or
podiatrist's failure to meet recordkeeping standards;
(4) a disciplinary action resulting from the physician's or
podiatrist's failure to attend meetings; or
(5) other disciplinary actions as defined by regulation promulgated
by the State Board of Medical Examiners or the Board of Podiatry
Examiners.
(B) Any A person making the report
required by this section is immune from criminal and civil liability in
making the report, if the report is made in good faith and without
malice."
SECTION 6. Section 40-51-150 of the 1976 Code is repealed.
SECTION 7. In accordance with Section 1-20-60 of the 1976 Code, the
existence of the Board of Podiatry Examiners is reauthorized for six years.
SECTION 8. This act takes effect upon approval by the Governor.
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