H 3224 Session 110 (1993-1994)
H 3224 General Bill, By Kirsh, Bailey, J. Brown and D.C. Waldrop
Similar(S 256)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
40-9-33 so as to create a special fund from fines and costs collected by the
State Board of Chiropractic Examiners to be used to reimburse the Board for
expenses relating to investigating complaints and conducting hearings; to
amend Section 40-9-30, relating to the establishment and powers of the Board,
so as to authorize the Board to assess civil fines and costs for
investigations and hearings and to delete duplicate provisions relating to
hearing procedures; to amend Section 40-9-31, relating to revocation or
suspension of a license, so as to also allow assessment of a civil fine up to
two thousand dollars; to repeal Section 40-9-100, relating to disposition of
excess funds; and to reauthorize the South Carolina Board of Chiropractic
Examiners for six years.
01/20/93 House Introduced and read first time HJ-17
01/20/93 House Referred to Committee on Ways and Means HJ-18
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 40-9-33 SO AS TO CREATE A SPECIAL
FUND FROM FINES AND COSTS COLLECTED BY THE STATE
BOARD OF CHIROPRACTIC EXAMINERS TO BE USED TO
REIMBURSE THE BOARD FOR EXPENSES RELATED TO
INVESTIGATING COMPLAINTS AND CONDUCTING HEARINGS;
TO AMEND SECTION 40-9-30, RELATING TO THE
ESTABLISHMENT AND POWERS OF THE BOARD, SO AS TO
AUTHORIZE THE BOARD TO ASSESS CIVIL FINES AND
COLLECT COSTS FOR INVESTIGATIONS AND HEARINGS AND
TO DELETE DUPLICATE PROVISIONS RELATING TO HEARING
PROCEDURES; TO AMEND SECTION 40-9-31, RELATING TO
REVOCATION OR SUSPENSION OF A LICENSE, SO AS TO ALSO
ALLOW ASSESSMENT OF A CIVIL FINE UP TO TWO
THOUSAND DOLLARS; TO REPEAL SECTION 40-9-100,
RELATING TO DISPOSITION OF EXCESS FUNDS; AND TO
REAUTHORIZE THE SOUTH CAROLINA BOARD OF
CHIROPRACTIC EXAMINERS FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-9-33. (A) Fines and costs collected under this
chapter must be remitted to the State Treasurer for deposit into a special
fund from which the State Board of Chiropractic Examiners must be
reimbursed, upon approval of the Budget and Control Board, for
administrative costs for investigations and proceedings under this
chapter.
(B) Monies held in this special fund may be carried over from one
year to the next and any balance in the fund in excess of twenty
thousand dollars must be remitted to the general fund."
SECTION 2. Section 40-9-30 of the 1976 Code is amended to read:
"Section 40-9-30. (A) There is hereby
created the South Carolina Board of Chiropractic Examiners consisting
of eight members. One licensed chiropractor shall must
be appointed by the Governor from each congressional district who
shall and must be a licensed and practicing
chiropractor residing and practicing in the district he the
chiropractor represents. The board shall certify in writing to the
Governor the names of the two nominees who shall have
received the highest number of votes in the subject each
district's election conducted pursuant to Section 40-9-37. The
Governor may reject any or all of the nominees upon satisfactory
showing as to of the unfitness of those rejected. If the
Governor declines to appoint any of such the nominees
so submitted, additional nominees shall must be
submitted in the same manner. One member of the board, who
shall must be a licensed and practicing chiropractor,
shall must be appointed by the Governor at large
from the State at large, and one member, who may not be
a member of the chiropractic or medical profession, shall
must be appointed by the Governor who shall not be a
member of the chiropractic or medical profession. The conduct of
the balloting for the nominees for the board from the respective
congressional districts shall be is the responsibility of
the Board of Chiropractic Examiners. Each chiropractic member
shall have been a regularly must be a licensed and
practicing chiropractor in South Carolina in good standing for a period
of five years preceding the date of his appointment to the
board.
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.
(B) All terms will be are for four years
after the initial Board is appointed and until their successors
are appointed and qualify. The Governor may remove any
a member of the board who has been is guilty
of continued neglect of his board duties, guilty of a
misdemeanor, or a felony, or who is found to
be incompetent. No member shall may be removed
without first giving him the member an opportunity to
refute the charges filed against him. He shall that member
who must be given a copy of the charges at the time they are filed.
(C) The South Carolina Board of Chiropractic Examiners
shall meet at least twice a year at such a time and place
as determined by the board. The board shall hold elections for its
officers each year. The board may call additional meetings when
necessary for the transaction of board business. The board shall adopt
rules and regulations for its government, and for judging
the professional and ethical competence of chiropractors,
including compliance with the code of chiropractic ethics, and
for the discipline of chiropractors. A majority of the board shall
constitute constitutes a quorum for the transaction of
business.
(D) The board may:
(1) establish suitable procedures for carrying out its duties
pursuant to the provisions of this chapter;
(2) execute certificates which shall must be
accepted in the courts of this State as the best evidence as to
of the minutes of the board and the best evidence as to the
registration or nonregistration of any of whether a person
is registered 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
however, the board shall may not prohibit or
discriminate as to against advertising in any particular
media;
(4) conduct investigations and cause the prosecution of
all persons violating the provisions of this chapter and have
power to incur necessary expenses therefor for this;
(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
and certify applicants as to their ability and as to the degree of their
practice of chiropractic as authorized under the laws of this State;
provided, however, that the non-chiropractic
nonchiropractic member of the board shall may
not participate in the examination of any a license
applicant on matters of technical or professional nature; provided,
further, that the board shall use the National Board Examination of
the National Board of Chiropractic Examiners in lieu of the state written
examination for persons graduating from an approved chiropractic
college pursuant to Section 40-9-40 after July 1, 1982.;
(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
restriction of the license of licensees a licensee
to practice chiropractic or take any other disciplinary action
other than revocation or suspension., including assessing a
civil fine for a violation of this chapter; 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 any 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 or one who is found
to be practicing chiropractic in noncompliance with this chapter shall not
become effective until the tenth 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.
(11) assess and collect costs from a licensee for investigating
a complaint and conducting proceedings pursuant to this
chapter."
SECTION 3. Section 40-9-31 of the 1976 Code is amended to read:
"Section 40-9-31. (A) Any An
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 must 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 receiving a complaint, a closed hearing
shall must be held by an examiner selected by the board
after thirty days' notice to the complainant and the licensee or their
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 the licensee's counsel of the time and
place at which the board will consider the report for the purpose of
determining its action thereon on the report,
such the notice to must be given not
less than ten days prior to such before the meeting. The
complainant and the licensee and his the licensee's
counsel shall have the right to appear before the board at
such the meeting, 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 has 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 the licensee's counsel of such this
action. A decision of the board to revoke, suspend, or
otherwise restrict a license or to limit or otherwise
discipline persons a person engaging in the practice of
chiropractic shall require requires a majority vote of the
membership of the board. The board's decision shall be subject to
appeal may be appealed 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 ten 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 or one who is found
to be practicing chiropractic in non-compliance without
complying with this chapter shall is not
become effective until the tenth day following the date of
delivery to the licensee of a written copy of the decision to
the licensee. Service of a petition for a review of the decision
shall stay stays the board's decision pending completion
of the appellate process.
(B) If a licensee is found to have violated this chapter or a
regulation promulgated under this chapter, in addition to or instead of
taking action to revoke, suspend, or restrict the license of the licensee,
the board may assess a civil fine of up to two thousand dollars for each
violation, but the total fine may not exceed ten thousand
dollars."
SECTION 4. Section 40-9-100 of the 1976 Code is repealed.
SECTION 5. In accordance with Section 1-20-60 of the 1976 Code the
existence of the South Carolina Board of Chiropractic Examiners is
reauthorized for six years.
SECTION 6. This act takes effect upon approval by the Governor.
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