S*274 Session 103 (1979-1980)
S*0274(Rat #0317, Act #0307 of 1980) General Bill, By D.E. Turnipseed
A Bill to provide a procedure for the accreditation and chartering of
chiropractic colleges or schools, for the compensation of the members and
employees of the Board of Chiropractic Examiners and to require an insurer who
offers a policy covering medical expense benefits to include chiropractic
services if requested by insured, and to amend the Code of Laws of South
Carolina, 1976, by adding Sections 40-9-95 and 40-9-97 so as to authorize the
Board of Chiropractic Examiners to issue subpoenas and obtain injunctive
relief and to grant limited immunity to persons participating in disciplinary
procedures; and to amend Sections 40-9-20, as amended, 40-9-30, 40-9-40, as
amended, 40-9-50, 40-9-70, 40-9-80, 40-9-90 and 40-9-110 of the 1976 Code,
relating to chiropractors and chiropractic practice, so as to require
individual approval of machines used in chiropractic practice, increase the
membership of the Board of Chiropractic Examiners and further provide for the
nomination and appointment of members thereof and the powers and duties of the
Board, establish disciplinary procedures for licensees and further provide for
reciprocal licensing, license fees and penalties for violations of laws and
regulations relating to chiropractic and to amend Act 201 of 1977, relating to
the licensing and regulation of certain nonpublic educational institutions so
as to provide that colleges of chiropractic shall be defined as such
institutions for licensing by the State Commission on Higher Education.-ast
02/13/79 Senate Introduced and read first time SJ-10
02/13/79 Senate Referred to Committee on Medical Affairs SJ-10
03/06/79 Senate Committee report: Favorable Medical Affairs SJ-8
03/21/79 Senate Read second time SJ-31
03/21/79 Senate Ordered to third reading with notice of
amendments SJ-31
03/22/79 Senate Amended SJ-7
03/22/79 Senate Read third time and sent to House SJ-7
03/27/79 House Introduced and read first time HJ-1019
03/27/79 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-1020
03/28/79 House Recalled from Committee on Medical, Military,
Public and Municipal Affairs HJ-1076
03/29/79 House OBJECTION HJ-1087
06/20/79 House Special order, set for 4th CONTESTED BILL AFTER
S-36 (UNDER H-3042) HJ-2735
06/21/79 House Amended HJ-2786
06/21/79 House Debate interrupted HJ-2792
06/26/79 House Debate interrupted HJ-2825
06/27/79 House Continued HJ-2852
01/09/80 House Amended HJ-87
01/09/80 House Read second time HJ-98
01/10/80 House READ THIRD TIME HJ-155
01/10/80 House Returned HJ-155
01/16/80 Senate Concurred in House amendment and enrolled SJ-3
01/22/80 Senate Ratified R 317 SJ-17
01/22/80 Signed By Governor
01/22/80 Effective date 01/22/80
01/22/80 Act No. 307
02/07/80 Copies available
(A307, R317, S274)
AN ACT TO PROVIDE A PROCEDURE FOR THE ACCREDITATION AND CHARTERING OF
CHIROPRACTIC COLLEGES OR SCHOOLS, FOR THE COMPENSATION OF THE MEMBERS AND
EMPLOYEES OF THE BOARD OF CHIROPRACTIC EXAMINERS AND TO REQUIRE AN INSURER WHO
OFFERS A POLICY COVERING MEDICAL EXPENSE BENEFITS TO INCLUDE CHIROPRACTIC
SERVICES IF REQUESTED BY INSURED, AND TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTIONS 40-9-95 AND 40-9-97 SO AS TO AUTHORIZE THE
BOARD OF CHIROPRACTIC EXAMINERS TO ISSUE SUBPOENAS AND OBTAIN INJUNCTIVE
RELIEF AND TO GRANT LIMITED IMMUNITY TO PERSONS PARTICIPATING IN DISCIPLINARY
PROCEDURES; AND TO AMEND SECTIONS 40-9-20, AS AMENDED, 40-9-30, 40-9-40, AS
AMENDED, 40-9-50, 40-9-70, 40-9-80, 40-9-90 AND 40-9-110 OF THE 1976 CODE,
RELATING TO CHIROPRACTORS AND CHIROPRACTIC PRACTICE, SO AS TO REQUIRE
INDIVIDUAL APPROVAL OF MACHINES USED IN CHIROPRACTIC PRACTICE, INCREASE THE
MEMBERSHIP OF THE BOARD OF CHIROPRACTIC EXAMINERS AND FURTHER PROVIDE FOR THE
NOMINATION AND APPOINTMENT OF MEMBERS THEREOF AND THE POWERS AND DUTIES OF THE
BOARD, ESTABLISH DISCIPLINARY PROCEDURES FOR LICENSEES AND FURTHER PROVIDE FOR
RECIPROCAL LICENSING, LICENSE FEES AND PENALTIES FOR VIOLATIONS OF LAWS AND
REGULATIONS RELATING TO CHIROPRACTIC AND TO AMEND ACT 201 OF 1977, RELATING TO
THE LICENSING AND REGULATION OF CERTAIN NONPUBLIC EDUCATIONAL INSTITUTIONS SO
AS TO PROVIDE THAT COLLEGES OF CHIROPRACTIC SHALL BE DEFINED AS SUCH
INSTITUTIONS FOR LICENSING BY THE STATE COMMISSION ON HIGHER EDUCATION.
Be it enacted by the General Assembly of South Carolina:
Chiropractic colleges--accreditation and chartering of
Section 1. One hundred and eighty days from the effective date of this act,
the State Commission on Higher Education shall publish a list of the
accrediting agency or agencies, which may include itself, approved by it for
accreditation of chiropractic colleges or schools doing business in this
State. Any chiropractic college or school doing business in this State shall,
upon publication of said list of such accrediting agency or agencies,
forthwith apply for such accreditation or candidate status and furnish the
State Commission on Higher Education documented evidence of such application.
Failure to obtain such accreditation or candidate status within one year
after publication of the list of approved agencies shall result in the
Commission on Higher Education revoking the status of such college or school
as a recognized college or school of chiropractic.
Provided, further, any college of chiropractic applying for a South Carolina
charter must furnish the Commission on Higher Education with sufficient
evidence that such school will qualify for required accreditation. Upon
certification by the Commission on Higher Education to the Secretary of State,
the Secretary of State may issue a charter; provided, further, however, that
any college now chartered must attain required licensure before one hundred
eighty days after the effective date of this act or have its charter revoked
upon a finding by the Attorney General that such licensure has not been
attained by such date. In addition to other existing criteria, licensure of
all chiropractic colleges shall be renewable annually contingent upon
supplying semi-annual reports as to the progress of accreditation to the
Commission on Higher Education and the Commission shall make a determination
if such progress is satisfactory.
Licenses required--exceptions--penalties
Section 2. Section 40-9-20 of the 1976 Code, as last amended by Section 31,
Part II of Act 199 of 1979, is further amended, to read "Section 40-9-20.
No person shall practice chiropractic in this State without a license issued
by the South Carolina Board of Chiropractic Examiners as provided in this
chapter, except senior students of any chiropractic college chartered by the
State may perform without a license chiropractic procedures under the
supervision of a chiropractor licensed in South Carolina on the college staff.
Provided, such procedure and supervision must be practiced within the confines
of the appropriate chiropractic college. Provided, however, that no charges
for professional service shall be made to any patient or to his insurance
company for any work performed on the patient by such senior students or by
the licensed chiropractor on the college staff while supervising such senior
students. Provided, further, that the chiropractic college may charge the
patient for the actual costs and expenses it incurs for the use of its
clinical property or facilities by the patient, provided, however, that this
section shall not apply to any chiropractic college which has failed to attain
accredited status from the Council of Chiropractic Education or its successor
or an accrediting agency approved by the Commission on Higher Education for
accreditation of chiropractic colleges or schools doing business in this State
pursuant to this chapter, within four years after July 1, 1976 or within a
reasonable length of time thereafter, as determined by the Commission on
Higher Education.
Any person who unlawfully charges a patient in violation of this section
shall be deemed guilty of a misdemeanor and upon conviction shall be fined one
thousand dollars."
Board of Chiropractic Examiners--appointments--powers and duties
Section 3. Section 40-9-30 of the 1976 Code is amended to read:
"Section 40-9-30. There is hereby created the South Carolina Board of
Chiropractic Examiners consisting of eight members. One licensed chiropractor
shall be appointed by the Governor from each congressional district. Such
appointment shall be made from two nominees who shall have received a majority
of the vote in a ballot taken by the licensed and practicing chiropractors in
each district.
If the Governor declines to appoint either of such nominees so submitted,
additional nominees shall be submitted in the same manner. Two members of the
Board shall be appointed by the Governor at large from the State, both of whom
shall be non-members of the chiropractic or medical profession. The conduct of
the balloting for the first nominees for the Board from the respective
congressional districts shall be the responsibility of the South Carolina
Election Commission and thereafter shall be conducted by the Board of
Chiropractic Examiners.
The members of the Board shall serve staggered terms with the members from
the first, third and fifth district and one member-at-large who is not from
the chiropractic or medical profession serving a two-year term, and all others
serving a four-year term. All terms will be for four years after the initial
Board is appointed. Vacancies on the Board shall be filled in the manner of
the original appointment for the unexpired term. The Board shall meet at least
semi-annually and at other times at the discretion of the Board. The Board
shall organize annually by electing officers. The Board shall adopt rules for
the transaction of business. A majority of the Board shall constitute a quorum
for the transaction of business. Each chiropractic member shall have been a
regularly licensed and practicing Chiropractor in South Carolina in good
standing for a period of five years next preceding the date of his
appointment.
The Board may:
(1) establish suitable procedures for carrying out its duties pursuant to
the provisions of this chapter;
(2) execute certificates which shall be accepted in the courts of this State
as the best evidence as to the minutes of the Board and the best evidence as
to the registration or nonregistration of any person under the requirements of
this chapter;
(3) adopt, and from time to time, revise regulations not inconsistent with
the law, as may be necessary to carry out the provisions of this chapter,
including but not limited to regulations concerning patient care and
treatment, solicitation of patients and advertising; provided, that the Board
shall not prohibit or discriminate as to advertising in any particular media;
(4) cause the prosecution of all persons violating the provisions of this
chapter and have power to incur necessary expenses therefor;
(5) keep a record of all its proceedings;
(6) employ such persons as may be necessary to carry out the work of the
Board;
(7) fix the time for holding its meetings;
(8) examine, license, and renew the licenses of qualified applicants;
(9) judge the professional and ethical competence of chiropractors,
establish a code of chiropractic ethics, and provide for the discipline of
chiropractors;
(10) order the revocation, suspension, or otherwise restrict the license of
licensees to practice chiropractic or take any other disciplinary action other
than revocation or suspension. Any action of the Board relating to the
revocation or suspension of a license, or other action restricting a license
or otherwise disciplining a licensee, shall be taken only after a written
complaint of misconduct has been filed with the Board in accordance with
regulations promulgated by the Board. After such complaint a closed hearing
shall be held by an examiner selected by the Board after thirty days' notice
to the complainant and the licensee or his counsel. The Attorney General's
office upon request of the Board shall present the case for the complainant
before the examiner. Upon receipt of the examiner's report, the Board shall
notify the complainant and the licensee and his counsel of the time and place
at which the Board will consider the report for the purpose of determining its
action thereon, such notice to be given not less than ten days prior to such
meeting. The complainant and the licensee and his counsel shall have the right
to appear before the Board at such meeting and submit briefs and be heard in
oral argument in opposition to or in support of the recommendations of the
Board. The Attorney General's office shall also have the right to appear
before the Board and submit briefs and be heard in oral argument.
Upon its final review, the Board may either dismiss the complaint or find
that the licensee is guilty of misconduct meriting sanction The Board shall
file a final certified report of the proceedings before it with the secretary
of the Board who shall forthwith notify the complainant and the licensee and
his counsel of such action.
A decision of the Board to revoke, suspend or otherwise restrict a license
or to limit or otherwise discipline a licensee shall require a majority vote
of the membership of the Board. The board's decision shall be subject to
appeal to the circuit court, which shall hear the matter de novo upon petition
filed by the licensee with the court and served upon the secretary of the
Board within thirty days from the date of delivery of the board's decision to
the licensee.
A decision by the Board to revoke, suspend or otherwise restrict a license
or to limit or otherwise discipline a licensee shall not become effective
until the thirtieth day following the date of delivery to the licensee of a
written copy of the decision. Service of a petition for a review of the
decision shall stay the board's decision pending completion of the appellate
process."
Compensation
Section 4. Members of the Board and persons authorized by the Board, engaged
in business for the Board, shall receive for their services a per diem as
determined by the Board, and travel expenses as provided by law for state
boards, committees and commissions.
Such compensation shall be paid from board funds.
Executive Director
Section 5. The Board may appoint and employ a qualified person to serve as
Executive Director, and it shall fix his compensation and define his duties.
The Executive Director of the Board shall have the power to make contracts,
with board approval, for the furtherance of the board's functions and the
management of the office. The Board may employ such other persons as may be
necessary to carry on its work. The salaries of employees and necessary
expenses incurred in the performance of their duties shall be paid out of
funds held by the Board.
Qualifications of applicant for license
Section 6. Section 40-9-40 of the 1976 Code, as amended, is further amended
to read:
"Section 40-9-40. No person shall be granted a license to engage in the
practice of chiropractic unless he shall present proof that he has at least
two years of pre-professional college credits from a college or university
accredited by the Southern Association of Colleges and Secondary Schools or an
accrediting agency of equal status and recognition and that he is a graduate
of a chiropractic college which is accredited by or has recognized candidate
status with the Council of Chiropractic Education or its successors or an
accrediting agency approved by the State Commission on Higher Education for
accreditation of chiropractic colleges or schools doing business in this
State.
Provided, however, that this section shall not apply to students enrolled
prior to July 1, 1974, in a chiropractic college. Provided, further, any
person who graduated from a chiropractic college which had accredited or
recognized candidate status with the Council of Chiropractic Education at the
time of such graduation and has been a legal resident of South Carolina from
1975 until 1978 shall be allowed to practice chiropractic until December 1,
1979, or until a board is constituted and offers an examination for
licensure."
Application and fee
Section 7. Section 40-9-50 of the 1976 Code is amended to read:
"Section 40-9-50. All applicants for a license examination shall file
with the Secretary of the Board, on or before a specified date to be
determined by the Board, a completed application to be provided by the Board,
supported by proper credentials and the payment of a fee to be set by the
Board."
Reciprocity
Section 8. Section 40-9-70 of the 1976 Code is amended to read:
"Section 40-9-70. The Board shall have authority to grant licensure in
accordance with item (8) of Section 40-9-30 by reciprocity to applicants from
states having commensurate requirements as provided in this chapter and which
also grant reciprocal privileges to licensees of this State provided that an
applicant shall have been in practice in that state for at least one
year."
Annual license fee
Section 9. Section 40-9-80 of the 1976 Code is amended to read:
"Section 40-9-80. (a) The Board may set and charge annually a fee for
the renewal of a license and set the renewal fee for license holders not
practicing in the State or for those inactive at a lower fee than for those
practicing in the State. The Board may waive the renewal fee for all licensees
who are serving on active duty in the Armed Services of the United States at
the time the fee is due.
(b) If the license renewal fee is not paid by the first of July of each
year, or within sixty days from the mailing of notice by the Board, whichever
is later, the license shall automatically expire and be forfeited. Such
license can only be reinstated upon payment of all sums due, and the Board may
assess such delinquent holder an additional sum not to exceed twenty-five
percent of the amount due as a penalty."
Health insurance policies to include chiropractic services
Section 10. If an insurer offers a policy containing a provision for medical
expense benefits that does not provide payment for chiropractic services, it
shall offer as a part thereof an optional rider or endorsement, if
specifically requested by the insured or subscriber under an individual policy
or a certificate holder or subscriber under a master policy, which defines
such .benefits as including payment to a chiropractor for procedures specified
in the policy which are within the scope of the practice of chiropractic. Any
additional cost to the insured or certificate holder must be reasonably
related to benefits provided.
Grounds for revocation or suspension of licenses
Section 11. Section 40-9-90 of the 1976 Code is amended to read:
"Section 40-9-90. Misconduct which constitutes grounds for a
revocation, suspension or other restriction of a license or other discipline
of a licensee shall be based upon a satisfactory showing to the Board of any
of the following:
(1) That any false, fraudulent or forged statement has been used, or any
fraudulent, deceitful or dishonest act has been practiced by the holder of a
license in connection with any of the licensing requirements.
(2) That the holder of a license is addicted to alcohol or drugs to such a
degree as to render him unfit to practice chiropractic.
(3) That the holder of a license has been convicted of the illegal or
unauthorized practice of chiropractic.
(4) That the holder of a license has knowingly performed any act which in
any way assists an unlicensed person to practice chiropractic.
(5) That the holder of a license has sustained any physical or mental
disability which renders further practice by him dangerous to the public.
(6) That the holder of a license has violated the code of ethics or
regulations as adopted by the State Board of Chiropractic Examiners.
(7) That the holder of a license is guilty of engaging in any dishonorable,
unethical or unprofessional conduct that is likely to deceive or harm the
public.
(8) That the holder of a license is guilty of the use of any false or
fraudulent statement in any document connected with the practice of
chiropractic.
(9) That the holder of a license is guilty of obtaining fees or assisting in
obtaining such fees under dishonorable, false or fraudulent circumstances.
(10) That the holder of a license has intentionally violated or attempted to
violate, directly or indirectly, or is assisting in or abetting the violation
or conspiring to violate any provisions or terms of the laws of chiropractic
practice.
(11) That the holder of a license is guilty of the commission of any act,
during the course of practice conducted pursuant to a license issued under
this chapter, that constitutes fraud, dishonest dealing, illegality,
incompetence or gross negligence.
In addition to all other remedies and actions provided for in this chapter,
the license of any chiropractor adjudged mentally incompetent by any court of
competent jurisdiction shall be automatically suspended by the Board until he
is adjudged by the court or in any other manner provided by law as being
restored to mental competency."
Investigations--subpoenaes--injunction immunity
Section 12. The 1976 Code is amended by adding:
"Section 40-9-95. For the purpose of any investigation or proceeding
under the provisions of this chapter, the Board or any person designated by it
may administer oaths and affirmations, subpoena witnesses, take testimony, and
require the production of any documents or records which the Board deems
relevant to the inquiry. In the case of contumacy by, or refusal to obey a
subpoena issued to any person, the court of common pleas, upon application by
the Board, may issue an order requiring the person to appear before the Board
or the person designated by it and produce documentary evidence and to give
other evidence concerning the matter under inquiry.
Whenever the Board has sufficient evidence that any person is violating any
provision of this chapter, it may, in addition to all other remedies, order
such person to immediately desist and refrain from such conduct. The Board may
apply to the court of common pleas for an injunction restraining the person
from such conduct. The court may issue a temporary injunction ex parte, and
upon notice and full hearing may issue any other order in the matter it deems
proper. No bond shall be required of the Board by the court as a condition to
the issuance of any injunction or order contemplated by the provisions of this
section.
Section 40-9-97. Every communication, whether oral or written made .by or on
behalf of any person or firm to the Board or any person designated by it to
investigate or otherwise hear matters relating to the revocation, suspension
or other restriction on a license or other discipline of a licensee, whether
by way of complaint or testimony, shall be privileged; and no action or
.proceeding, civil or criminal, shall lie against any such person or firm by
or on whose behalf such communication shall have been made by reason thereof,
except upon proof that such communication was made with malice.
No provision of this chapter shall be construed as prohibiting the
respondent or his legal counsel from exercising the respondent's
constitutional right of due process under the law, nor to prohibit the
respondent from normal access to the charges and evidence filed against him as
a part of due process under the law."
Penalties
Section 13. Section 40-9-110 of the 1976 Code is amended to read:
"Section 40-9-110. It shall be unlawful for any person to practice
chiropractic in violation of the provisions of this chapter, and any person
violating any provisions thereof shall upon conviction be fined not more than
five hundred dollars or imprisoned for a period not to exceed thirty days, or
both, at the discretion of the court. Each violation shall constitute a
separate offense. The provisions of this section shall apply to any person or
firm aiding or abetting in any violation of this chapter."
Nonpublic educational institution defined
Section 14. Item (3) of Section 1 of Act 201 of 1977 is amended to read:
"(3) 'Nonpublic educational institution' includes, but is not limited,
to, any educational entity that is wholly or partly located in or operating in
this State and is not owned or operated in whole or in part by the State, that
is maintained and operated as a school, institute, college, junior college,
university or entity of whatever kind which furnishes or offers to furnish a
degree as defined herein or which furnishes or offers to furnish instructions
leading toward or pre-requisite to a degree beyond the secondary level and
which requires that in order to obtain a degree the recipient partially or
satisfactorily completes appropriate courses or classes or laboratories or
research studies in person or by correspondence. 'Nonpublic educational
institution' shall not include any degree-granting school, institute, college,
junior college, university or entity which was chartered by the Secretary of
State before 1953."
Time effective
Section 15. This act shall take effect upon approval by the Governor. |