S*259 Session 110 (1993-1994)
S*0259(Rat #0133, Act #0076) General Bill, By Drummond
Similar(H 3222)
A Bill to amend Section 40-47-50 and Section 40-47-90, Code of Laws of South
Carolina, 1976, relating to medical and osteopathy physician licensing, so as
to delete the requirement for good moral character and sobriety; to amend
Section 40-47-200, as amended, relating to suspension and revocation of
licenses, so as to provide that the State Board of Medical Examiners may
require a licensee or applicant to submit to a mental or physical examination
and to allow the provider to obtain medical records; to repeal Section
40-47-220 relating to disposition of fees and income; and to reauthorize the
State Board of Medical Examiners for six years.
01/20/93 Senate Introduced and read first time SJ-15
01/20/93 Senate Referred to Committee on Medical Affairs SJ-16
03/11/93 Senate Committee report: Favorable Medical Affairs SJ-18
03/16/93 Senate Read second time SJ-22
03/17/93 Senate Read third time and sent to House SJ-16
03/18/93 House Introduced and read first time HJ-21
03/18/93 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-21
04/28/93 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-11
05/06/93 House Read second time HJ-72
05/11/93 House Read third time and enrolled HJ-10
05/18/93 Ratified R 133
05/24/93 Signed By Governor
05/24/93 Effective date 05/24/93
06/15/93 Copies available
(A76, R133, S259)
AN ACT TO AMEND SECTION 40-47-50 AND SECTION 40-47-90,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
MEDICAL AND OSTEOPATHY PHYSICIAN LICENSING, SO AS TO
DELETE THE REQUIREMENT FOR GOOD MORAL CHARACTER
AND SOBRIETY; TO AMEND SECTION 40-47-200, AS AMENDED,
RELATING TO SUSPENSION AND REVOCATION OF LICENSES, SO
AS TO PROVIDE THAT THE STATE BOARD OF MEDICAL
EXAMINERS MAY REQUIRE A LICENSEE OR APPLICANT TO
SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION AND TO
ALLOW THE PROVIDER TO OBTAIN MEDICAL RECORDS; TO
REPEAL SECTION 40-47-220 RELATING TO DISPOSITION OF FEES
AND INCOME; AND TO REAUTHORIZE THE STATE BOARD OF
MEDICAL EXAMINERS FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
Osteopathy definition; requirements for practice; use of title
SECTION 1. Section 40-47-50 of the 1976 Code is amended to read:
"Section 40-47-50. (A) `Osteopathy' is defined as a complete
school of medicine and surgery utilizing all methods of diagnosis and
treatment in health and disease and placing special emphasis on the
interrelationship of the musculo-skeletal system to all other body
systems.
(B) A person is eligible for examination before the board before or
after completing a board-approved one-year internship if the person:
(1) holds a diploma from an osteopathic college approved by the
American Osteopathic Association;
(2) gives evidence of completing at least three years' preprofessional
education in an accredited college or university; and
(3) has attended an osteopathic college for four full courses of lectures
of at least thirty-six weeks each or any combination of these courses
aggregating one hundred and forty-four weeks.
A person who successfully passes the examination is eligible for a
temporary certificate to practice osteopathy which is good for one year. At
the end of one year, if the person has completed a one-year internship, the
person is eligible for a certificate to practice osteopathy.
(C) Doctors of osteopathy shall use only the letters D.O. after their
names when used in connection with their profession."
Prerequisites for examination
SECTION 2. Section 40-47-90 of the 1976 Code is amended to read:
"Section 40-47-90. No person is eligible to appear before the
board for examination unless the person has given evidence of preliminary
and medical education as may be prescribed by the board or as defined by
law."
Suspension or revocation of licenses; grounds; procedures
SECTION 3. Section 40-47-200 of the 1976 Code, as last amended by Act
315 of 1988, is further amended to read:
"Section 40-47-200. (A) The State Board of Medical Examiners,
if it has reason to believe grounds exist, may order the revocation or
suspension of a license to practice medicine or osteopathy, publicly or
privately reprimand the holder of a license to practice medicine or
osteopathy, or take other reasonable action short of revocation or
suspension, such as requiring the licensee to undertake additional
professional training subject to the direction and supervision of the board or
imposing restraint upon the medical or osteopathic practice of the licensee
as circumstances warrant until the licensee demonstrates to the board
adequate professional competence. In addition to or in lieu of action taken
by the board affecting the license of a licensee, when it is established that
the individual has violated this chapter or any regulation promulgated by
the board, the board may require the licensee to pay a civil penalty of up to
ten thousand dollars to the board and the costs of the disciplinary action.
All penalties must be remitted to the State Treasurer for deposit in a special
fund from which the State Board of Medical Examiners must be reimbursed
for administrative costs for each case upon the approval of the Budget and
Control Board. At any time the special fund exceeds twenty thousand
dollars, the excess funds must be remitted to the general fund. An action of
the board relating to the revocation or suspension of a license or other
action either restricting a license or limiting or disciplining a licensee may
not be taken until after an initial complaint of misconduct, in writing, has
been filed with the board in accordance with regulations promulgated by
the board. In subsequently determining whether to approve the issuance of
a formal complaint in accordance with regulations promulgated by the
board, the board may consult with the Attorney General's office. The
Attorney General's office, after investigation, must issue a written
recommendation to the board. The board may act upon this written
recommendation, but no review of the potential testimony or substantive
evidence by the board or a member of the board is permitted. A formal
hearing must be held upon thirty days' notice to the complainant and the
licensee or their counsel before a panel as provided in Section
40-47-211.
(B) Upon receipt of the panel's report in accordance with Section
40-47-211, the board must notify the complainant and the licensee and their
counsel of the time and place at which the board will consider the report for
the purpose of determining its action on the report, and the notice must be
given not less than ten days before the meeting. The complainant and the
licensee and their counsel have the right to appear before the board at the
meeting and to submit briefs and be heard in oral argument in opposition to
or in support of the recommendations of the panel. The Attorney General's
office has the right to appear before the board and to submit briefs and be
heard in oral argument if it has participated in the hearing before the
panel.
(C) Upon consideration of the report of the panel and of the showing
made to the board, the board may:
(1) refer the matter back to the panel for further hearing;
(2) order a further hearing before the board; or
(3) proceed upon the certified report of the prior proceedings before
the panel.
(D) Upon its final review, the board may either dismiss the complaint or
find that the licensee is guilty of misconduct meriting sanction. In either
event, the board must file a final certified report of the proceedings before
it with the secretary of the board and the secretary must notify the
complainant and the licensee and their counsel of the board's action.
(E) A decision by the board to revoke, suspend, or restrict a license or
to limit or discipline a licensee must be by majority vote of the total
membership of the board. A licensee against whom disciplinary action is
taken pursuant to this article has the right to judicial review. A disciplinary
action is subject to review by the circuit court upon petition filed by the
licensee with the court and a copy of the petition served upon the secretary
of the board within thirty days from the date of delivery of the board's
decision to the licensee. An appeal taken to the circuit court has
precedence on the court's calendar, is considered an emergency appeal if
the board has revoked, suspended, or restricted a license for more than six
months, and should be heard not later than thirty days from the date the
petition is filed. The review is limited to the record established by the
board hearing. No stay or supersedeas may be granted pending appeal from
a decision by the board to revoke, suspend, or restrict a license for more
than six months.
(F) `Misconduct' which constitutes grounds for revocation, suspension,
or restriction of a license or limitation on or discipline of a licensee is a
satisfactory showing to the board that the holder of a license:
(1) has used a false, fraudulent, or forged statement or document
or practiced a fraudulent, deceitful, or dishonest act in connection with a
licensing requirement;
(2) has been convicted of, has pled guilty to, or has pled nolo
contendere to a felony or other crime involving moral turpitude or drugs.
For purposes of this item, `drugs' includes a substance whose possession,
use, or distribution is governed by Section 44-53-110 through Section
44-53-580 (Narcotics and Controlled Substances) or which is listed in the
current edition of the Physician's Desk Reference;
(3) is addicted to alcohol or drugs to such a degree as to render
the holder unfit to practice medicine or osteopathy;
(4) has been convicted of the illegal or unauthorized practice of
medicine or osteopathy;
(5) has knowingly performed an act which in any way assists an
unlicensed person to practice medicine or osteopathy;
(6) has sustained a physical or mental disability which renders
further practice by the holder dangerous to the public;
(7) has violated the principles of ethics as adopted by the State
Board of Medical Examiners and published in its regulations;
(8) is guilty of engaging in dishonorable, unethical, or
unprofessional conduct that is likely to deceive, defraud, or harm the
public;
(9) is guilty of the use of a false or fraudulent statement in a
document connected with the practice of medicine;
(10) is guilty of obtaining fees or assisting in obtaining fees under
dishonorable, false, or fraudulent circumstances;
(11) has intentionally violated or attempted to violate, directly or
indirectly, or is assisting in or abetting the violation of or conspiring to
violate the medical practice laws; or
(12) is guilty of violating the code of medical ethics adopted by the
board in accordance with Section 40-47-20 or has been found by the board
to lack the ethical or professional competence to practice medicine or
osteopathy.
(G) In addition to all other remedies and actions incorporated in this
chapter, the license of a medical or osteopathic physician adjudged
mentally incompetent by a court of competent jurisdiction must be
automatically suspended by the board until the physician is adjudged by a
court of competent jurisdiction or in any other manner provided by law as
being restored to mental competency.
(H) The license of a person who is convicted of or who pleads guilty or
nolo contendere to a crime stated in subsection (F) (2) immediately must be
suspended temporarily pending final disposition of a disciplinary
proceeding to be commenced upon the conviction or the filing of a plea of
guilty or nolo contendere. A person suspended under this subsection must
be reinstated immediately upon the filing of a certificate that the conviction
has been reversed. The reinstatement does not terminate a disciplinary
action pending against the person.
(I) In enforcing subsections (F) (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 a contrary rule of law or statute.
A person who accepts the privilege of practicing medicine in this State or
who files an application for a license to practice medicine 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 that the same constitutes a
privileged communication. If a licensee or applicant fails to submit to an
examination when properly directed to do so 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 medicine with reasonable skill
and safety to patients.
(J) In enforcing subsections (F) (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 medicine in this State or who files an application to practice
medicine 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 that the same
constitute 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
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 medicine with reasonable skill and safety to patients."
Repeal
SECTION 4. Section 40-47-220 of the 1976 Code is repealed.
Board reauthorized
SECTION 5. In accordance with Section 1-20-60 of the 1976 Code the
existence of the State Board of Medical Examiners is reauthorized for six
years.
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 24th day of May, 1993. |