H 3225 Session 110 (1993-1994)
H 3225 General Bill, By Kirsh, Bailey, J. Brown and D.C. Waldrop
Similar(S 258)
A Bill to amend Section 40-69-30, as amended, Code of Laws of South Carolina,
1976, relating to the State Board of Veterinary Medical Examiners, so as to
provide that congressional district nominees for appointment to the Board by
the Governor must be elected by veterinarians residing in that district; to
amend Section 40-69-80, relating to licenses, so as to delete the requirement
to be of good moral character; to amend Section 40-69-90, relating to
temporary licenses and fees, so as to provide that these fees must be set in
regulation; to amend Section 40-69-140, relating to grounds to deny, suspend,
or revoke a license, so as to delete the use of solicitors to obtain
patronage; to amend Section 40-69-430, relating to animal health technician
certification, so as to delete provisions no longer effective and requirement
to be of good physical and mental health and good moral character; to amend
Section 40-69-440, relating to temporary certificates and fees, so as to
provide these fees must be set in regulation; to amend Section 40-69-450,
relating to applications for examinations and fees, so as to delete the
requirement for certain personal references and to provide that these fees
must be set by regulation; to amend Section 40-69-460, relating to contents of
examinations, so as to delete provisions relating to oral or practical
examinations; to amend Section 40-69-480, relating to renewal of certificates
and fees, so as to provide that these fees must be set in regulation; to
provide temporary fees until fees are set by the Board in regulation; and to
reauthorize the State Board of Veterinary Medical Examiners for six years.
01/20/93 House Introduced and read first time HJ-18
01/20/93 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-18
A BILL
TO AMEND SECTION 40-69-30, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD
OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE
THAT CONGRESSIONAL DISTRICT NOMINEES FOR
APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE
ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT;
TO AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS
TO DELETE THE REQUIREMENT TO BE OF GOOD MORAL
CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO
TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT
THESE FEES MUST BE SET IN REGULATION; TO AMEND
SECTION 40-69-140, RELATING TO GROUNDS TO DENY,
SUSPEND, OR REVOKE A LICENSE, SO AS TO DELETE THE USE
OF SOLICITORS TO OBTAIN PATRONAGE; TO AMEND
SECTION 40-69-430, RELATING TO ANIMAL HEALTH
TECHNICIAN CERTIFICATION, SO AS TO DELETE PROVISIONS
NO LONGER EFFECTIVE AND REQUIREMENT TO BE OF GOOD
PHYSICAL AND MENTAL HEALTH AND GOOD MORAL
CHARACTER; TO AMEND SECTION 40-69-440, RELATING TO
TEMPORARY CERTIFICATES AND FEES, SO AS TO PROVIDE
THESE FEES MUST BE SET IN REGULATION; TO AMEND
SECTION 40-69-450, RELATING TO APPLICATIONS FOR
EXAMINATIONS AND FEES, SO AS TO DELETE THE
REQUIREMENT FOR CERTAIN PERSONAL REFERENCES AND
TO PROVIDE THAT THESE FEES MUST BE SET BY
REGULATION; TO AMEND SECTION 40-69-460, RELATING TO
CONTENTS OF EXAMINATIONS, SO AS TO DELETE
PROVISIONS RELATING TO ORAL OR PRACTICAL
EXAMINATIONS; TO AMEND SECTION 40-69-480, RELATING
TO RENEWAL OF CERTIFICATES AND FEES, SO AS TO
PROVIDE THAT THESE FEES MUST BE SET IN REGULATION;
TO PROVIDE TEMPORARY FEES UNTIL FEES ARE SET BY THE
BOARD IN REGULATION; AND TO REAUTHORIZE THE STATE
BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX
YEARS. Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 40-69-30 of the 1976 Code, as last amended by
Act 133 of 1987, is further amended to read:
"Section 40-69-30. (A) There is created the State
Board of Veterinary Medical Examiners to be composed of eight
members, one of whom must be a consumer advocate member from the
State at large, one of whom must be a veterinarian from the State at
large, and six of whom must be veterinarians representing each of the six
congressional districts. Each veterinarian must be a resident of the
State of South Carolina and of the congressional district which
he the veterinarian represents, licensed by the State, and
practicing. The consumer advocate member must be a resident of the
State. The terms of the members must be are for six
years and until successors are appointed and qualify. No member
must be is allowed successive terms of office.
(B) The veterinarian at large and the consumer
advocate member must be appointed by the Governor. The board shall
conduct an election to nominate two veterinarians to represent
any from each congressional district when the seat is
vacant. The election shall provide for participation by all
veterinarians currently licensed and residing in South Carolina
the district for which the nomination is being made. The names
of the nominees must be forwarded to the Governor by the board and the
Governor shall appoint one of the nominees as the member. The
;however, 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 the nominees
so submitted, additional nominees must be submitted in the same
manner. Vacancies must be filled in the manner of the original
appointment for the unexpired portion of the term.
(C) The consumer advocate member must be exempt
from voting may not vote on examination for licensure of
veterinarians.
(D) The Governor may remove any a
member of the board who has been is guilty of
continued neglect of his board duties or who is found
to be incompetent, unprofessional, or dishonorable. No member may be
removed without first giving him the member an
opportunity to refute the charges filed against him. He that
member, who must be given a copy of the charges at the time they
are filed.
(E) If a board member is disqualified and his the
member's absence results in the lack of a quorum or an adequate
number of members to perform official functions, the Governor may
appoint an individual to replace him the member during
the period of disqualification. This individual must
shall meet the same qualifications as the member he is
replacing, being replaced and must take the same oath as
required of other members of the board."
SECTION 2. Section 40-69-80 of the 1976 Code is amended to read:
"Section 40-69-80. (A) Any A
person wishing to practice veterinary medicine in this State shall obtain
a license from the board. Unless the a person shall
have obtained obtains a license it must be
is unlawful for him to practice veterinary medicine as
defined herein and if he shall so practice he must be in this
article. If a person practices without a license that person is
considered to have violated the provisions of this article.
(B) The board shall conduct examinations of all applicants
and the board may examine any an applicant who
submits satisfactory evidence that he the applicant:
(a) is a graduate of a school or college of veterinary medicine
approved by the board or holds an Education Commission of Foreign
Veterinary Graduates Certificate;
(b) Is of good moral character;
(c) (b) has paid the required fee."
SECTION 3. Section 40-69-90 of the 1976 Code is amended to read:
"Section 40-69-90. (A) The board may issue a
temporary license to practice veterinary medicine to an applicant
provided if the applicant meets the following
these qualifications:
(1) meets all qualifications and requirements of Section 40-69-80;
(2) has filed an application to take the examination;
(3) is permanently located at some designated place in the State;
(4) pays a temporary license fee of fifteen dollars, which
must be set by the board in regulation promulgated in accordance
with the
Administrative Procedures Act; this fee must be is
in addition to the examination fee;
(5) holds a current and valid license to practice veterinary medicine
in another state of the United States.
(B) Individuals An individual failing to pass
the examination for a license in this State must may not
be issued a temporary license.
(C) The temporary license shall entitle
entitles the holder to practice only until the board has acted
upon his the application for a permanent license after
he the applicant completes the next regularly scheduled
examination, and is not renewable, and only.
Only one such temporary license must
may be issued to any one a person. Any
A person who is unable to attend the examination because of
illness, accident, or other reasonable condition beyond his
the person's control may, in the discretion of the board, have
his the temporary license renewed until the board is able
to act on his the application after he the
person completes the required examination."
SECTION 4. Section 40-69-140 of the 1976 Code is amended to read:
"Section 40-69-140. The board may deny, suspend, revoke or
otherwise restrict the license of any a
veterinarian or reprimand, or otherwise discipline
licensees a licensee for the following
these reasons as determined by the Board:
(1) violation of any provisions of violating this
article or any regulations a regulation promulgated by
the board.;
(2) the use of any using a false, fraudulent, or forged
statement or document or any a fraudulent, deceitful, or
dishonest act by the holder of a license in connection with any of
the a license requirements
requirement.;
(3) failure failing to display a
license.;
(4) having caused to be published or circulated directly or indirectly
any a fraudulent, false, or misleading statements
statement as to the skill or methods of practice of any
a licensee. ;
(5) misrepresentation in misrepresenting the
inspection of food for human consumption.;
(6) the use of any using a false or fraudulent
statement in any a document connected with the
practice of veterinary medicine.;
(7) obtaining fees or assisting in obtaining such fees under
deceptive, false, or fraudulent circumstances.;
(8) failure failing to provide and maintain facilities
as directed by regulation of the board.;
(9) refusing to permit the board or any a legal
representative of the board to inspect the business premises of the
licensee during regular business hours.;
(10) circulating knowingly untrue, fraudulent, misleading, or
deceptive advertising.;
(11) The use of solicitors or peddlers to obtain patronage.
(12) (11) engaging in unprofessional or unethical
conduct, or engaging in practices in connection with the practice
of veterinary medicine which are in violation of the standards of
professional conduct, as defined herein in this article or
prescribed by regulations of the board.;
(13) (12) engaging in conduct determined by
the board to be incompetent or negligent in the practice of veterinary
medicine.;
(14) (13) The making of any
a false statement in any an oath or affidavit
which is required by this article.;
(15) (14) revocation by having
another state of revoke a license to practice veterinary
medicine in that state.;
(16) (15) conviction being convicted
on a charge of cruelty to animals.;
(17) (16) conviction being convicted
of any a federal or state law relating to narcotic
drugs.;
(18) (17) having a physical or mental
impairment or any disability which renders practice dangerous
to the public.;
(19) (18) performance of any performing
an act which in any way assists a person to practice in violation of
this article.;
(20) (19) misuse of misusing a
controlled substances substance for other than specific
treatment of an animal patients
patient.;
(21) (20) having employed or permitted a person who
does not hold a license to practice veterinary medicine in this State to
perform work which, under this article, can lawfully be done only by
persons a person holding a license to practice veterinary
medicine.;
(22) (21) the practice of practicing
veterinary medicine while under either the influence of
either alcohol or any drug to such a degree as to adversely affect
the performance of his a veterinarian's professional
obligations and duties.;
(23) (22) having been adjudged mentally incompetent
by a court of competent jurisdiction; provided that upon notice
of a legal determination or of incompetency, an
individual's license shall be is automatically suspended
until he the individual is adjudged legally
competent.;
(24) (23) failure failing to report, as
required by law, or making a false report of any
a contagious or infectious disease.;
(25) (24) conviction of being
convicted of a felony or any a crime involving
moral turpitude.; forfeiture of a bond or a plea of nolo
contendere must be is considered the equivalent of a
conviction." SECTION 5. Section 40-69-430 of the 1976 Code
is amended to read:
"Section 40-69-430. (A) Any A person
wishing to work as an Animal Health Technician in this State shall
obtain a certificate from the board. Unless such a
person shall have obtained obtains a certificate, it
shall be is unlawful for him to work as an
Animal Health Technician as defined in this article.
(B) The board shall conduct examinations of all applicants and the
board may examine any an applicant who submits
satisfactory evidence that he the applicant:
(1) is at least eighteen years of age;
(2) is a graduate of an American Veterinary Medical Association
accredited school of animal technology;
(3) has submitted authenticated evidence of a high school
education or General Education Development Certificate and evidence
of having completed a program of five continuous years of practical
training as an Animal Health Technician under the direct supervision of
a licensed veterinarian. Any person engaging in a program of practical
training shall be exempt from this article until completion of
examination requirements as issued by the board. The provisions of this
item shall not be effective after July 1, 1983;
(4) is in good physical and mental health;
(5) is of good moral character;
(6) (3) has paid the required fee."
SECTION 6. Section 40-69-440 of the 1976 Code is amended to read:
"Section 40-69-440. (A) The board may issue a temporary
certificate provided such if the applicant:
(1) meets all the qualifications and requirements of Section 40-69-430;
(2) has filed an application to take the examination;
(3) pays a temporary certificate fee of five dollars, which
must be set by the board in regulation promulgated pursuant to the
Administrative Procedures Act; this fee shall be is
in addition to the examination fee.
(B) Such A temporary certificate shall permit the
applicant holder to work in the capacity as an Animal Health
Technician until the next regularly scheduled examination. Temporary
certificates may not be renewed. Provided, however,
However, any a person who is unable to attend
such the examination because of illness, accident, or
other reasonable condition beyond his the person's
control may, in the discretion of the board, may have
his the temporary certificate renewed until the board is
able to act on his the application after he the
person completes the required examination."
SECTION 7. Section 40-69-450 of the 1976 Code is amended to read:
"Section 40-69-450. (A) Any A
person desiring to take the examination for certification shall make
application apply in writing to the board on forms
prescribed by the board at least fourteen days prior to
before the examination. The application shall be endorsed
by at least three persons, one of whom shall be the instructor in the
school of Animal Health Technology attended by the applicant; or if in
practical training, one endorsement shall be that of the supervising
veterinarian. The fee accompanying each an
application shall must be set by the board but must
be a minimum of ten dollars and may not exceed thirty five dollars
in regulation promulgated pursuant to the Administrative Procedures
Act.
(B) Fees may not be returned under any circumstances,
regardless of whether the applicant is accepted for examination, fails the
examination, withdraws his the application, or is issued
or denied a certificate. If an applicant fails to take the examination for
a legitimate reason, the board may allow him the
applicant to take the examination at a later date, without
having to pay another fee.
(C) After the board accepts such an
application and finds that the applicant is otherwise qualified to
meet the requirements necessary to work as an Animal Health
Technician, the applicant may be examined by the board at its next
meeting. The board shall give notice to the applicant of the exact time
and place of the examination."
SECTION 8. Section 40-69-460 of the 1976 Code is amended to read:
"Section 40-69-460. (A) The examination of applicants
an applicant for certification must be conducted under the
regulations adopted by the board. The board shall require the applicant
to take a written examination in Animal Anatomy, Clinical Pathology,
Pharmacology, Office Procedures, Radiology, Laboratory Animal
Technology, Parasitology and such additional subjects relating to
Animal Health Technology as the board may require. The board may
also require that the applicant undergo a clinical, oral or practical
examination in addition to the written examination, shall establish
a minimum passing grade for each examination given and shall hold at
least one examination annually.
(B) If the applicant makes the minimum passing grade on the
examination established by the board and the board finds that the
applicant is otherwise qualified, it shall issue the applicant a
certificate. An applicant who fails to meet the minimum passing grade
or fails to maintain a current certificate may submit to reexamination at
the discretion of the board. Each applicant is entitled to at least one
reexamination."
SECTION 9. Section 40-69-480 of the 1976 Code is amended to read:
"Section 40-69-480. (A) Each The
holder of a certificate must apply on January first of each year for
renewal of certification. Renewal application
applications must be provided by the board thirty days prior
to before January first of each year. The A
completed application must contain the be
accompanied by an annual fee of five dollars not to exceed
twenty dollars, the amount of which fee shall
must be set by the board in regulation promulgated pursuant
to the Administrative Procedures Act, and made payable to the
secretary treasurer of the board. If such the completed
application and fee is not submitted by February fifteenth of each year,
a late renewal fee penalty of five dollars set by the board in
regulation, will be added to the annual fee. If the completed
application and renewal fee is not received by March fifteenth of each
year, certification of the holder will be revoked and the holder
must shall file for reexamination for certification. The
application for renewal must be endorsed by a licensed veterinarian of
this State and must include sufficient proof of continuing education as
required by the board in the regulations.
(B) The board may issue a duplicate certificate to replace
one that has been lost or destroyed upon payment of a fee of ten
dollars an amount to be set by the board in regulation.
Each A duplicate certificate must have the word
`DUPLICATE' typed or printed across the face thereof of the
certificate."
SECTION 10. The following fees are in effect until these fees are set
in regulation promulgated by the State Board of Veterinarians pursuant
to the Administrative Procedures Act:
(1) fifteen dollars for a temporary license to practice veterinary
medicine;
(2) five dollars for a temporary certificate to work as an Animal
Health Technician;
(3) twenty-five dollars for an examination application fee for
certification as an Animal Health Technician;
(4) twenty dollars for an Animal Health Technician annual
certification renewal;
(5) five dollars for a late renewal fee penalty when an animal health
technician fails to submit a renewal application by February fifteenth of
each year;
(6) ten dollars for an Animal Health Technician replacement
certificate.
SECTION 11. In accordance with Section 1-20-60 of the 1976 Code
the existence of the State Board of Veterinary Medical Examiners is
reauthorized for six years.
SECTION 12. This act takes effect upon approval by the Governor.
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