H 4619 General Bill, By Hinson, Altman and Limehouse
 A BILL TO AMEND SECTION 40-69-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DEFINITIONS CONCERNING THE LICENSURE AND REGULATION OF
 VETERINARIANS, SO AS TO DEFINE "INCOMPETENT OR NEGLIGENT CONDUCT"; TO AMEND
 SECTION 40-69-60, RELATING TO CONFIDENTIALITY OF RECORDS RELATING TO
 INSPECTIONS AND INVESTIGATIONS OF VETERINARIANS, SO AS TO PROVIDE THAT
 FOLLOWING FINAL ACTION OF THE BOARD, THESE RECORDS ARE PUBLIC INFORMATION; TO
 ADD SECTION 40-69-135 SO AS TO REQUIRE A VETERINARIAN TO REPORT TO THE BOARD
 ANY DISCIPLINARY ACTION TAKEN AGAINST THE VETERINARIAN IN ANOTHER STATE AND TO
 REQUIRE THE BOARD TO PUBLISH A NOTICE OF THIS IN THE NEWSPAPER AND ON THE
 DEPARTMENT OF LABOR, LICENSING AND REGULATION'S INTERNET HOME PAGE; TO AMEND
 SECTION 40-69-140, RELATING TO GROUNDS FOR MISCONDUCT FOR VETERINARIANS, SO AS
 TO REQUIRE THE ISSUANCE OF A PUBLIC REPRIMAND IF A VETERINARIAN ENGAGES IN
 MISCONDUCT; TO AMEND SECTION 40-69-150, RELATING TO COMPLAINTS AGAINST
 VETERINARIANS, SO AS TO PROVIDE THAT FOLLOWING THE FINAL ACTION OF THE
 VETERINARIAN BOARD ALL DOCUMENTS AND RECORDS OF PROCEEDINGS ARE PUBLIC
 INFORMATION; AND TO ADD SECTION 40-69-155 SO AS TO PROVIDE THAT IN A CIVIL
 ACTION AGAINST A VETERINARIAN FOR THE TREATMENT OR FAILURE TO TREAT AN ANIMAL,
 A PERSON MAY SEEK DAMAGES FOR THE OWNER'S PAIN AND SUFFERING.

   01/30/02  House  Introduced and read first time HJ-9
   01/30/02  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-10

TO AMEND SECTION 40-69-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING THE LICENSURE AND REGULATION OF VETERINARIANS, SO AS TO DEFINE "INCOMPETENT OR NEGLIGENT CONDUCT"; TO AMEND SECTION 40-69-60, RELATING TO CONFIDENTIALITY OF RECORDS RELATING TO INSPECTIONS AND INVESTIGATIONS OF VETERINARIANS, SO AS TO PROVIDE THAT FOLLOWING FINAL ACTION OF THE BOARD, THESE RECORDS ARE PUBLIC INFORMATION; TO ADD SECTION 40-69-135 SO AS TO REQUIRE A VETERINARIAN TO REPORT TO THE BOARD ANY DISCIPLINARY ACTION TAKEN AGAINST THE VETERINARIAN IN ANOTHER STATE AND TO REQUIRE THE BOARD TO PUBLISH A NOTICE OF THIS IN THE NEWSPAPER AND ON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION'S INTERNET HOME PAGE; TO AMEND SECTION 40-69-140, RELATING TO GROUNDS FOR MISCONDUCT FOR VETERINARIANS, SO AS TO REQUIRE THE ISSUANCE OF A PUBLIC REPRIMAND IF A VETERINARIAN ENGAGES IN MISCONDUCT; TO AMEND SECTION 40-69-150, RELATING TO COMPLAINTS AGAINST VETERINARIANS, SO AS TO PROVIDE THAT FOLLOWING THE FINAL ACTION OF THE VETERINARIAN BOARD ALL DOCUMENTS AND RECORDS OF PROCEEDINGS ARE PUBLIC INFORMATION; AND TO ADD SECTION 40-69-155 SO AS TO PROVIDE THAT IN A CIVIL ACTION AGAINST A VETERINARIAN FOR THE TREATMENT OR FAILURE TO TREAT AN ANIMAL, A PERSON MAY SEEK DAMAGES FOR THE OWNER'S PAIN AND SUFFERING.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 40-69-20 of the 1976 Code is amended by adding an appropriately numbered item to read:

    "( )    'Incompetent or negligent conduct' includes conduct not within the appropriate standard of care for a veterinary medical practitioner in South Carolina."

SECTION    2.    The second paragraph of Section 40-69-60 of the 1976 Code is amended to read:

    "Information received by the board through inspections and investigations must be confidential and must not be disclosed except in a proceeding involving the issuance, denial, renewal, suspension, or revocation of a license or following the final action of the board as provided for in Section 40-69-150."

SECTION    3.    The 1976 Code is amended by adding:

    "Section 40-69-135.    If a person licensed in this State is disciplined by the licensing board of another state, the licensee must within seven days furnish the board of this State with written notice of the discipline. Within seven days of receiving notice of discipline in another state, the board shall publish a notice of the discipline in a newspaper of general circulation in the county in this State in which the licensee resides and practices and shall post a notice of the discipline on the Internet home page of the Department of Labor, Licensing and Regulation. Failure of a licensee to comply with this section constitutes grounds for disciplinary action under Section 40-69-140."

SECTION    4.    Section 40-69-140 of the 1976 Code is amended to read:

    "Section 40-69-140.    (A)    The board may deny, suspend, revoke, or restrict the license of a veterinarian or reprimand or discipline a licensee for these reasons:

        (1)    violating this article or a regulation promulgated by the board;

        (2)    using a false, fraudulent, or forged statement or document or a fraudulent, deceitful, or dishonest act by the holder of a license in connection with a license requirement;

        (3)    failing to display a license;

        (4)    having caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a licensee;

        (5)    misrepresenting the inspection of food for human consumption;

        (6)    using a false or fraudulent statement in a document connected with the practice of veterinary medicine;

        (7)    obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;

        (8)    failing to provide and maintain facilities as directed by regulation of the board;

        (9)    refusing to permit the board or 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)    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 in this article or prescribed by regulations of the board;

        (12)    engaging in conduct determined by the board to be incompetent or negligent in the practice of veterinary medicine;

        (13)    making a false statement in an oath or affidavit which is required by this article;

        (14)    having another state revoke a license to practice veterinary medicine in that state;

        (15)    being convicted on a charge of cruelty to animals;

        (16)    being convicted of a federal or state law relating to narcotic drugs;

        (17)    having a physical or mental impairment or disability which renders practice dangerous to the public;

        (18)    performing an act which in any way assists a person to practice in violation of this article;

        (19)    misusing a controlled substance for other than specific treatment of an animal patient;

        (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 a person holding a license to practice veterinary medicine;

        (21)    practicing veterinary medicine while under the influence of alcohol or any drug to such a degree as to adversely affect the performance of a veterinarian's professional obligations and duties;

        (22)    having been adjudged mentally incompetent by a court of competent jurisdiction; upon notice of a legal determination of incompetency, an individual's license is automatically suspended until the individual is adjudged legally competent;

        (23)    failing to report, as required by law, or making a false report of a contagious or infectious disease;

        (24)    being convicted of a felony or a crime involving moral turpitude; forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction.

    (B)    Notwithstanding any disciplinary action taken by the board, upon finding that a licensee has engaged in conduct listed in subsection (A), the board shall issue a public reprimand to the licensee. Within seven days the reprimand must be published in a newspaper of general circulation in the county in which the licensee resides and practices and must be posted on the Internet home page of the Department of Labor, Licensing and Regulation."

SECTION    5.    Section 40-69-150 of the 1976 Code is amended by adding at the end:

    "Following the final action of the board on charges brought in accordance with this section, all documents and records of proceedings relating to complaints filed against a veterinarian, including the initial complaint, are public information and must be made available upon request."

SECTION    6.    The 1976 Code is amended by adding:

    "Section 40-69-155.    In a civil action brought against a veterinarian based upon the veterinarian's treatment, or failure to treat an animal, in addition to other damages sought, relief may be sought for the owner's pain and suffering."