H 3222 Session 110 (1993-1994)
H 3222 General Bill, By Kirsh, Bailey, J. Brown and D.C. Waldrop
Similar(S 259)
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 House Introduced and read first time HJ-16
01/20/93 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-17
04/27/93 House Tabled in committee
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-47-50 of the 1976 Code is amended to
read:
"Section 40-47-50. (A) `Osteopathy' is
hereby 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) Every A person who 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, who presents
certificates of his good moral character and sobriety from reputable
persons approved by the State Board of Medical Examiners, and
who;
(2) gives evidence of sufficient education (completion
of not less than completing at least three years'
preprofessional education in an accredited college or university) shall
be eligible for examination before the Board either before or after the
completion of a one-year internship as approved by the examining
board; and
(3) has attended an osteopathic college for four
full courses of lectures of at least thirty-six weeks each, or any
combination of such these courses aggregating one
hundred and forty-four weeks.
Any such A person who successfully passes the
examination shall be is eligible for a temporary
certificate to practice osteopathy which shall be is good
for one year. At the end of one year, if he the person has
also completed his a one-year internship, he
shall be the person is eligible for a certificate to practice
osteopathy.
(C) All doctors Doctors of osteopathy shall
use only the letters D.O. after their names when used in connection with
their profession."
SECTION 2. Section 40-47-90 of the 1976 Code is amended to read:
"Section 40-47-90. No person shall be is
eligible to appear before the board for examination unless he shall
give the person has given evidence in addition to his
good moral character and sobriety that he has such of
preliminary and medical education as may be prescribed by the board or
as defined by law."
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 (board) may, 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 any 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 may also impose such 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 any action
taken by the board affecting the license of any a
licensee, when it is established that such the individual
has violated any of the provisions of this chapter or any of
the regulations 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, who must
for deposit them in a special fund from which the State
Board of Medical Examiners shall must be reimbursed
for administrative costs for each case upon the approval of the Budget
and Control Board. At any time when the special fund exceeds
twenty thousand dollars, all the excess funds must be
remitted to the General Fund. Any An action of the
board relating to the revocation or suspension of a license or other action
either restricting a license or limiting or otherwise 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. In so doing, the 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 any individual a member of
the board shall be is permitted. Thereupon, a
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 thereon,
such on the report, and the notice to must
be given not less than ten days prior to such before the
meeting. The complainant and the licensee and their counsel have the
right to appear before the board at such 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 likewise has the right to appear before the board and to
submit briefs and be heard in oral argument where 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:
(a) (1) refer the matter back to the panel for
further hearing;
(b) (2) order a further hearing before the board;
or
(c) (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 forthwith notify the complainant and the licensee and their
counsel of such the board's action.
(E) Any A decision by the board to revoke,
suspend, or otherwise restrict a license or to limit or
otherwise discipline a licensee must be by majority vote of the
total membership of the board. Any A licensee against
whom disciplinary action is taken pursuant to the provisions of
this article has the right to judicial review. Any 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
otherwise 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 otherwise restrict a
license for more than six months."
(F) `Misconduct' which constitutes grounds for revocation,
suspension, or other restriction of a license or limitation on or
other discipline of a licensee is a satisfactory showing to the
board of any of the following that the holder of a
license:
(1) That any has used a false, fraudulent, or forged
statement or document has been used or any
practiced 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, has
pled guilty to, or has pled nolo contendere to, a felony or
any other crime involving moral turpitude or drugs. For
purposes of this provision item, `drugs' shall include
any 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) That the holder of a license is addicted to alcohol or
drugs to such a degree as to render him the holder unfit
to practice medicine or osteopathy.;
(4) That the holder of a license has been convicted of the
illegal or unauthorized practice of medicine or
osteopathy.;
(5) That the holder of a license has knowingly performed
any an act which in any way assists an unlicensed
person to practice medicine or osteopathy.;
(6) That the holder of a license has sustained any
a physical or mental disability which renders further practice by
him the holder dangerous to the public.;
(7) That the holder of a license has violated the principles
of ethics as adopted by the State Board of Medical Examiners and
published in its regulations.;
(8) That the holder of a license is guilty of engaging in
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
medicine.;
(10) That the holder of a license is guilty of obtaining
fees or assisting in obtaining such fees under dishonorable, false,
or fraudulent circumstances.;
(11) That the holder of a license has intentionally violated
or attempted to violate, directly or indirectly, or is assisting in or
abetting the violation of, or conspiring to violate, any
provisions or terms of the medical practice laws.; or
(12) That the holder of a license 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 any a medical or
osteopathic physician (medical or osteopathic) adjudged
mentally incompetent by any a court of competent
jurisdiction must be automatically suspended by the board until
he 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) Further, the The license of any
a person who is convicted of, or who pleads guilty or
nolo contendere with respect to, those crimes mentioned
under item a crime stated in subsection (F) (2) of this
section shall be immediately must be temporarily
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. Any A
person so suspended under this subsection must be
reinstated immediately upon the filing of a certificate that the conviction
has been reversed. The reinstatement shall does not
terminate any a disciplinary action pending against
such 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."
SECTION 4. Section 40-47-220 of the 1976 Code is repealed.
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.
SECTION 6. This act takes effect upon approval by the Governor.
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