H 3269 General Bill, By Harrison
 A BILL TO AMEND CHAPTER 9, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE PRACTICE OF CHIROPRACTIC EXAMINERS, SO AS TO CONFORM THE
 CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR
 BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND
 REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE
 STATE BOARD OF CHIROPRACTIC EXAMINERS.

   01/16/01  House  Introduced and read first time HJ-11
   01/16/01  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-11

TO AMEND CHAPTER 9, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF CHIROPRACTIC EXAMINERS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF CHIROPRACTIC EXAMINERS.

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

SECTION    1.    Chapter 9, Title 40 of the 1976 Code is amended to read:

    Section 40-9-10.    As used in this chapter:

(a) "Chiropractic" is defined as that science and art which utilizes the inherent recuperative powers of the body and deals with the relationship between the nervous system and the spinal column, including its immediate articulations and the role of this relationship in the restoration and maintenance of health.

(b) "Chiropractic practice" is defined as the spinal analysis of any interference with normal nerve transmission and expression, and by adjustment to the articulations of the vertebral column and its immediate articulations for the restoration and maintenance of health and the normal regimen and rehabilitation of the patient without the use of drugs or surgery.

(c) "Analysis" is defined as physical examination, the use of x-ray and procedures generally used in the practice of chiropractic.

(d) Any machine used in "chiropractic practice" or "analysis" must first be approved by the South Carolina Board of Chiropractic Examiners.

Section 40-9-20.    No person may practice chiropractic in this State without a license issued by the South Carolina Board of Chiropractic Examiners as provided in this chapter, except that senior students of any chiropractic college chartered by the State may perform without a license chiropractic procedures under the supervision of a chiropractor licensed in South Carolina on the college staff. These procedures and this supervision must be practiced within the confines of the appropriate chiropractic college. However, no charges for professional service may be made to any patient or to his insurance company for any work performed on the patient by the senior students or by the licensed chiropractor on the college staff while supervising the senior students. The chiropractic college may charge the patient for the actual costs and expenses it incurs for the use of its clinical property or facilities by the patient. However, this section does not apply to any chiropractic college which has failed to attain accredited status from the Council on Chiropractic Education or its successors or from the Commission on Accreditation of the Straight Chiropractic Academic Standards Association.

    Section 40-9-31.    (A) An action of the board relating to the revocation or suspension of a license or other action restricting a license or disciplining a licensee 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 receiving a complaint a closed hearing 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 the licensee's counsel of the time and place at which the board will consider the report for the purpose of determining its action on the report; the notice must be given not less than ten days before the meeting. The complainant and the licensee and the licensee's counsel have the right to appear before the board at 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 also 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 notify the complainant and the licensee and the licensee's counsel of this action. A decision of the board to revoke, suspend, or restrict a license or to limit or discipline a person engaging in the practice of chiropractic requires a majority vote of the membership of the board. The board's decision may be appealed to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, which shall hear the matter upon petition filed by the licensee with an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, 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 restrict a license or to limit or discipline a licensee or one who is found to be practicing chiropractic without complying with this chapter is not effective until the tenth day following the date of delivery of a written copy of the decision to the licensee. Service of a petition for a review of the decision 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 40-9-35. Members of the Board and persons authorized by the Board, engaged in business for the Board, shall receive for their services a per diem as determined by the Board, and travel expenses as provided by law for state boards, committees and commissions. Such compensation shall be paid from board funds.

    Section 40-9-36.    The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15 may appoint and employ a qualified person to serve as executive director, and shall fix his compensation and define his duties. The executive director of the board shall have the power to make contracts, with board approval, for the furtherance of the board's functions and the management of the office. The Director of the Department of Labor, Licensing, and Regulation may employ such other persons as may be necessary to carry on its work. The salaries of employees and necessary expenses incurred in the performance of their duties shall be paid out of funds held by the board.

    Section 40-9-37.    Each chiropractor, licensed pursuant to Title 40, Chapter 9, Code of Laws of South Carolina, 1976, and residing within the congressional district from which the appointment is to be made, shall be entitled to vote in the advisory election. A ballot shall be sent by certified mail to each licensed chiropractor residing in that congressional district from which the appointment is to be made. The ballot shall contain the name of each chiropractor licensed pursuant to this chapter and residing within the congressional district from which the appointment is to be made, as indicated by the records of the Board of Chiropractic Examiners or its predecessor. For the initial election the records used shall be the records of the South Carolina Board of Chiropractic Examiners on May 10, 1978. A space shall be provided for write-in votes for qualified candidates whose names do not appear on the ballot. The ballot shall specify the date by which the returned ballot must be received by the agency conducting the advisory election. The ballots shall be opened at 9:00 A.M. on the day following the date specified for the receipt of the ballots and the results shall be tabulated. The tabulated results shall be immediately forwarded to the Governor.

    Section 40-9-38.    Vacancies on the Board shall be filled in the manner of the original appointment for the unexpired term.

    Section 40-9-39. Notwithstanding any other provision of law, no appointive member of the above Board shall be allowed to serve more than two full consecutive terms on the Board; provided, however, that an appointive member who has served for the remainder of a former member's unexpired term shall be allowed to then serve two additional full terms.

    Section 40-9-40. No person may be granted a license to engage in the practice of chiropractic unless he presents proof that he has at least two years of pre-professional college credits from a college or university accredited by the Southern Association of Colleges and Schools or an accrediting agency of equal status and recognition and that he is a graduate of a chiropractic college which is accredited by or has recognized candidate status with the Council on Chiropractic Education or with the Commission on Accreditation of the Straight Chiropractic Academic Standards Association or meets equivalent standards.

    Section 40-9-45.    All students of any chiropractic college chartered by the State shall have two years of preprofessional college credits from a college or university accredited by the Southern Association of Colleges and Secondary Schools or an accrediting agency of equal status and recognition prior to enrollment. Provided, that the educational qualifications required of students entering chiropractic colleges shall not apply to students enrolled prior to July 1, 1974.

    Section 40-9-50. All applicants for a license examination shall file with the Secretary of the Board, on or before a specified date to be determined by the Board, a completed application to be provided by the Board, supported by proper credentials and the payment of a fee to be set by the Board.

    Section 40-9-60. In case the applicant fails in the first examination, he shall be entitled to a second examination at the next regular meeting of the Board.

    Section 40-9-70.    The Board shall have authority to grant licensure in accordance with item (8) of Section 40-9-30 by reciprocity to applicants from states having commensurate requirements as provided in this chapter and which also grant reciprocal privileges to licensees of this State provided that an applicant shall have been in practice in that state for at least one year.

    Section 40-9-80.    (a) The Board may set and charge annually a fee for the renewal of a license and set the renewal fee for license holders not practicing in the State or for those inactive at a lower fee than for those practicing in the State. The Board may waive the renewal fee for all licensees who are serving on active duty in the Armed Services of the United States at the time the fee is due.

    (b) If the license renewal fee is not paid by the first of July of each year, or within sixty days from the mailing of notice by the Board, whichever is later, the license shall automatically expire and be forfeited. Such license can only be reinstated upon payment of all sums due, and the Board may assess such delinquent holder an additional sum not to exceed twenty-five percent of the amount due as a penalty.

    Section 40-9-85. (A) The South Carolina Board of Chiropractic Examiners is authorized to issue a special volunteer license for chiropractors who wish to devote their expertise exclusively to providing chiropractic care to the needy and indigent in South Carolina. The board will waive all application fees, examination fees, and annual registration fees for any chiropractor licensed in accordance with this section.

    (B) The board shall promulgate regulations outlining the qualifications for the issuance of a special volunteer license.

    Section 40-9-90.    Misconduct which constitutes grounds for a revocation, suspension or other restriction of a license or other discipline of a licensee shall be based upon a satisfactory showing to the Board of any of the following:

    (1) That any false, fraudulent or forged statement has been used, or any fraudulent, deceitful or dishonest act has been practiced by the holder of a license in connection with any of the licensing requirements.

    (2) That the holder of a license is addicted to alcohol or drugs to such a degree as to render him unfit to practice chiropractic.

    (3) That the holder of a license has been convicted of the illegal or unauthorized practice of chiropractic.

    (4) That the holder of a license has knowingly performed any act which in any way assists an unlicensed person to practice chiropractic.

    (5) That the holder of a license has sustained any physical or mental disability which renders further practice by him dangerous to the public.

    (6) That the holder of a license has violated the code of ethics or regulations as adopted by the State Board of Chiropractic Examiners.

    (7) That the holder of a license is guilty of engaging in any dishonorable, unethical or unprofessional conduct that is likely to deceive or harm the public.

    (8) That the holder of a license is guilty of the use of any false or fraudulent statement in any document connected with the practice of chiropractic.

    (9) That the holder of a license is guilty of obtaining fees or assisting in obtaining such fees under dishonorable, false or fraudulent circumstances.

    (10) That the holder of a license has intentionally violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation or conspiring to violate any provisions or terms of the laws of chiropractic practice.

    (11) That the holder of a license is guilty of the commission of any act, during the course of practice conducted pursuant to a license issued under this chapter, that constitutes fraud, dishonest dealing, illegality, incompetence or gross negligence.

In addition to all other remedies and actions provided for in this chapter, the license of any chiropractor adjudged mentally incompetent by any court of competent jurisdiction shall be automatically suspended by the Board until he is adjudged by the court or in any other manner provided by law as being restored to mental competency.

    Section 40-9-95. For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the board deems relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application by the board, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry.

Whenever the board has sufficient evidence that any person is violating any provision of this chapter, it may, in addition to all other remedies, order such person to immediately desist and refrain from such conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from such conduct. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 may issue a temporary injunction ex parte, and upon notice and full hearing may issue any other order in the matter it deems proper. No bond shall be required of the board by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 as a condition to the issuance of any injunction or order contemplated by the provisions of this section.

    Section 40-9-97. Every communication, whether oral or written made by or on behalf of any person or firm to the Board or any person designated by it to investigate or otherwise hear matters relating to the revocation, suspension or other restriction on a license or other discipline of a licensee, whether by way of complaint or testimony, shall be privileged; and no action or proceeding, civil or criminal, shall lie against any such person or firm by or on whose behalf such communication shall have been made by reason thereof, except upon proof that such communication was made with malice.

    No provision of this chapter shall be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law, nor to prohibit the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.

    Section 40-9-110. It shall be unlawful for any person to practice chiropractic in violation of the provisions of this chapter, and any person violating any provisions thereof shall upon conviction be fined not more than five hundred dollars or imprisoned for a period not to exceed thirty days, or both, at the discretion of the court. Each violation shall constitute a separate offense. The provisions of this section shall apply to any person or firm aiding or abetting in any violation of this chapter.

    Section 40-9-05.    Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to licensed chiropractors regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.

    Section 40-9-10.    (A)    There is created the South Carolina Board of Chiropractic Examiners consisting of eight members. One licensed chiropractor must be appointed by the Governor from each congressional district and must reside in the district the chiropractor represents. The board shall elect nominees and shall certify in writing to the Governor the names of the two nominees who received the highest number of votes in each district's election. The Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. One member of the board, who must be a licensed and practicing chiropractor, must be appointed by the Governor from the State at large, and one member, who may not be a member of the chiropractic or medical profession, must be appointed by the Governor. The conduct of the balloting for the nominees for the board from the respective congressional districts is the responsibility of the Board of Chiropractic Examiners. Each chiropractic member must be a licensed and practicing chiropractor in South Carolina in good standing for a period of five years preceding the date of appointment to the board.

    (B)    Members shall serve terms of four years and until their successors are appointed and qualify. The Governor may remove a member of the board pursuant to Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against that member who must be given a copy of the charges at the time they are filed.

    (C)    Notwithstanding any other provision of law, no member of the board shall be allowed to serve more than two full consecutive terms on the board; however, a member who has served the remainder of a former member's unexpired term may serve two additional full terms consecutively.

    Section 40-9-20.    As used in this chapter:

    (1)    'Adjustment or manipulation' means the forceful movement of joints or tissue to restore joint function, in whole or part, to increase circulation, to increase motion, or to reduce interosseous disrelation.

    (2)    'Analysis' means physical examination and the use of x-ray and procedures generally used in the practice of chiropractic. Any machine used in 'chiropractic practice' or 'analysis' must first be approved by the board.

    (3)    'Chiropractic' means the science and art which utilizes the inherent recuperative powers of the human body and deals with the relationship between the nervous system and the spinal column, including its immediate articulations and the role of this relationship in the restoration and maintenance of health.

    (4)    'Chiropractic intern' means a chiropractic student enrolled and in good standing in an approved college of chiropractic who is participating in a preceptorship training program.

    (5)    'Chiropractic practice' means the spinal analysis of any interference with normal nerve transmission and expression and the adjustment to the articulations of the vertebral column and its immediate articulations for the restoration and maintenance of health and the normal regimen and rehabilitation of the patient without the use of drugs or surgery. Any machine used in 'chiropractic practice' must first be approved by the board.

    (6)    'Consultant' means a chiropractor licensed in another state who gives expert or professional advice to a chiropractor licensed in this State.

    (7)    'Department' means the South Carolina Department of Labor, Licensing and Regulation.

    (8)    'Direct supervision' means the physical presence of a licensed chiropractor in the immediate area where a patient is being provided chiropractic services. The licensed chiropractor must be on the premises and available to provide immediate and personal assistance and direction.

    (9)    'Preceptor' means a supervising licensed chiropractor.

    (10)    'Preceptorship training program' means a clinical program of an approved college of chiropractic in which a chiropractic intern practices chiropractic under the direct supervision of a licensed chiropractor.

    Section 40-9-30.    (A)    No person may practice chiropractic without a license issued in accordance with this chapter. A person whose license has been suspended or revoked or who uses in connection with his name the words or letters 'D.C.,' 'Doctor of Chiropractic,' 'Chiropractic Physician,' 'Chiropractor,' or other letters, words, or insignia indicating or implying that he is a licensed chiropractor or who in any other way, orally or in writing or in print or by sign, directly or by implication, represents himself as a licensed chiropractor without being licensed by the board is subject to the penalties provided for in this chapter.

    (B)    Only a licensed chiropractor may perform a specific spinal adjustment/manipulation on a patient or perform an independent examination for evaluating chiropractic treatment. A licensed chiropractor may delegate tasks to other persons in his office and under his supervision only when the task does not require the skill and judgment of a licensed professional and when the task, if improperly performed, would not result in significant injury to the patient.

    Section 40-9-40.    In addition to the powers and duties enumerated in Section 40-1-60, the board shall, at the first board meeting in each calendar year elect from the membership a chairman, vice chairman, and any other officer it considers necessary. The South Carolina Board of Chiropractic Examiners shall meet at least twice a year and upon the call of the chairman or any two members of the board. A majority of the members of the board serving constitutes a quorum for the transaction of business.

    Section 40-9-50.    The board must be administered by the Department of Labor, Licensing and Regulation in accordance with Section 40-1-50.

    Section 40-9-60.    The board may adopt rules governing its proceeding and internal operations and may promulgate regulations necessary to carry out the provisions of this chapter.

    Section 40-9-70.    The board shall regulate the issuance of licenses and shall discipline chiropractors in any manner authorized by this chapter and as set forth in Section 40-1-70.

    Section 40-9-80.    As provided in Section 40-1-80, for the purposes of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.

    Section 40-9-90.    (A) The board may receive complaints by any person against a licensee and may require the complaints to be submitted in writing specifying the exact charge or charges and to be signed by the complainant. Upon receipt of a complaint, the board administrator shall refer the complaint to a designated investigator of the department who shall investigate the allegations in the complaint and make a report to the board concerning the investigation. If further proceedings are indicated, a formal accusation must be filed charging the licensee with a violation of this chapter or a regulation promulgated pursuant to this chapter. When the accusation is filed, the administrator shall notify the licensee in writing not less than thirty days before the hearing and a copy of the accusation must be attached to the notice. The notice must be served personally or sent to the accused by registered mail, return receipt requested, directed to the last mailing address furnished to the board. The post office registration receipt signed by the licensee, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused, is prima facie evidence of service of the notice.

    (B)    The licensee has the right to be present and present evidence and argument on all issues involved, to present and to cross-examine witnesses, and to be represented by counsel, at the licensee's expense. For the purpose of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the accused. All investigations, inquiries, and proceedings undertaken under this chapter must be confidential, except as hereinafter provided.

    (C)    Every communication, whether oral or written, made by or on behalf of any person to the director of the department or to the board to investigate or hear matters relating to the investigation or discipline of a licensee, whether by way of complaint or testimony, is privileged and exempt from disclosure for any reason whatsoever, except to the extent disclosed in the course of the proceedings before the board. No action or proceeding, civil or criminal, may be brought against any person by whom or on whose behalf the communication is made, except upon other proof that the communication was made with malice.

    (D)    No person connected with any complaint, investigation, or other proceeding before the board including, but not limited to, any witness, counsel, counsel's secretary, board member, department, employee or agent, court reporter, or investigator may mention the existence of the complaint, investigation, or other proceeding or disclose any information pertaining to the complaint, investigation, or proceeding, except to persons involved and having a direct interest in the complaint, investigation, or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. However, if the board receives information in any complaint, investigation, or other proceeding before it indicating a violation of a state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body. Nothing contained in this section may be construed to prevent the board from making public a copy of its final order in any proceeding, as authorized or required by law.

    Section 40-9-100.    (A)    The board may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter as provided for in Section 40-1-100. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter. No bond must be required of the board as a condition to the issuance of any injunction or order contemplated by the provisions of this section.

    (B)    No member of the board or its committees, special examiners, the director of the department or other department employees or representatives may be held liable for acts performed in the course of official duties, except where actual malice is shown.

    Section 40-9-110.    (A)    In addition to other grounds provided in Section 40-1-110, the board, after notice and a hearing conducted in accordance with the Administrative Procedures Act, may restrict or refuse to grant a license to an applicant or may refuse to renew the license of a licensed person or may suspend, revoke, or otherwise restrict a chiropractor who:

        (1)    violated this chapter or a regulation promulgated by the board;

        (2)    has used a false, fraudulent, or forged statement or any fraudulent, deceitful, or dishonest act in connection with any of the licensing requirements or in connection with professional practice;

        (3)    has sustained a physical or mental impairment or disability which renders practice dangerous to the public;

        (4)    has been convicted of the illegal or unauthorized practice of chiropractic or medicine;

        (5)    has knowingly performed any act which in any way assists an unlicensed person to practice chiropractic;

        (6)    is addicted to alcohol or drugs to such a degree as to render him unfit to practice chiropractic;

        (7)    has violated the code of ethics as adopted by the State Board of Chiropractic Examiners in regulation;

        (8)    has engaged in any dishonorable, unethical, or unprofessional conduct that is likely to deceive or harm the public;

        (9)    has made a false or fraudulent statement in a document connected with the practice of chiropractic;

        (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 or conspiring to violate any provision or term of this chapter or a regulation promulgated under this chapter;

        (12)    is guilty of the commission of any act, during the course of practice conducted pursuant to a license issued under this chapter, that constitutes fraud, dishonest dealing, illegality, incompetence, or gross negligence;

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

        (14)    practiced chiropractic while under the influence of alcohol or drugs;

        (15)    has been adjudged mentally incompetent by a court of competent jurisdiction. Upon notice of a legal determination of incompetency, an individual's license must be automatically suspended until the individual, in accordance with law, has been restored to mental competency;

        (16)    failed to report, as required by law, or made a false report of a contagious or infectious disease;

        (17)    has been convicted of or pled guilty or nolo contendere to a felony or a crime involving moral turpitude;

        (18)    has been disciplined by a licensing or disciplinary authority of another state, country, or nationally recognized professional organization or has been convicted or disciplined by a court of a state or country for an act that would be grounds for disciplinary action under this section.

    (B)    In enforcing items (3) and (6) in subsection (A), 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 chiropractic in this State or who files an application for a license to practice chiropractic 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 chiropractic 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 chiropractic with reasonable skill and safety to patients.

    (C)    In enforcing items (3) and (6) in subsection (A), 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 chiropractic in this State or who files an application to practice chiropractic 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 chiropractic 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 chiropractic with reasonable skill and safety to patients.

    Section 40-9-111.    (A)    Acts or omissions by a licensee causing the denial, revocation, suspension, or restriction of a license to practice chiropractic in another state support the issuance of a formal complaint and the commencement of disciplinary proceedings as described in Section 40-9-110. This provision applies only when the disciplinary action taken in another state is based on grounds that would constitute misconduct under Section 40-9-110.

    (B)    Proof of these acts or omissions may be shown by a copy of the transcript of record of the disciplinary proceedings in another state or a copy of the final order, consent order, or similar order stating the basis for the action taken.

    (C)    Upon the filing of an initial complaint alleging that the licensee has been disciplined in another state, the licensee must produce for the State Board of Chiropractic Examiners, copies of all transcripts, documents, and orders used, relied upon, or issued by the licensing authority in the other state. Failure to produce these items within ninety days of the board's request for them results in the suspension of the individual's license to practice chiropractic in this State until such time as the items have been supplied to the board.

    (D)    The licensee may present mitigating testimony to the board regarding disciplinary action taken in another state or evidence that the acts or omissions committed in another state do not constitute misconduct under Section 40-9-110.

    Section 40-9-115.    The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.

    Section 40-9-120.    Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, the board may impose sanctions as provided in Section 40-1-120, including imposing a civil penalty of up to two thousand dollars for each violation, but not to exceed a total of ten thousand dollars.

    Section 40-9-125.    (A)    The South Carolina Board of Chiropractic Examiners is authorized to issue a special volunteer license for chiropractors who wish to devote their expertise exclusively to providing chiropractic care without charge to the needy and indigent in South Carolina. The board shall waive all application fees, examination fees, and renewal fees for any chiropractor licensed in accordance with this section.

    (B)    The board shall promulgate regulations establishing the qualifications for the issue of a special volunteer license.

    Section 40-9-130.    As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.

    Section 40-9-140.    A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.

    Section 40-9-150.    A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.

    Section 40-9-160.    A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.

    Section 40-9-170.    A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

    Section 40-9-180.    All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

    Section 40-9-190.    Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190 and Section 40-9-90.

    Section 40-9-200.    A person who practices or offer to practice chiropractic in this State in violation of this chapter, or who knowingly presents to or files false information with the board for the purpose of obtaining a license, is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars and nor more than twenty-five hundred dollars or imprisoned for not less than thirty days. Each act of unlawful practice constitutes a separate offense.

    Section 40-9-210.    The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Judge Division, pursuant to Section 40-1-210.

    Section 40-9-220.    (A)    An applicant for a license examination shall file with the board, on or before a specified date to be determined by the board, a completed application prescribed by the board, supported by proper credentials, and the payment of a fee to be set by the board.

    (B)    A student of a chiropractic college accredited by or deemed equivalent by the Council on Chiropractic Education or its successors shall have two years of pre-professional college credits from a college or university accredited by the Southern Association of Colleges and Secondary Schools or an accrediting agency of equal status and recognition before enrollment. However, these educational qualifications required of students entering chiropractic colleges shall not apply to students enrolled before July 1, 1974.

    (C) The board shall use the National Board Examination of the National Board of Chiropractic Examiners in lieu of a state written and practical examination. The board may administer an additional examination to determine an applicants' familiarity with applicable state law and the philosophy of chiropractic practice.

    Section 40-9-230.    (A)    A license issued under this chapter is valid for up to two years and renewable on renewal dates established by the department with the consent of the board and payment of a renewal fee and upon fulfillment of all other requirements for continued licensure. Late fees must be added for renewals received after the last day of the designated renewal period. Failure to renew, including payment of any late fees, within thirty days after the last day of the designated renewal period renders all authorization to practice void. Thereafter, the licensee must cease practice and apply for reinstatement of licensure.

    (B)    A licensee who allows the license to lapse by failing to renew the license as provided in this section or in regulation, may be reinstated by the board upon payment of renewal fees and fulfillment of continuing education and other requirements, if any, set forth in regulation. The board may assess a reinstatement fee and impose additional requirements for reinstatement as may be set by regulation.

    (C)    The board may also issue a duplicate license to replace one that has been lost or destroyed upon payment of a reasonable fee set by the department. Each duplicate license must have the word 'Duplicate' typed or printed across the face thereof.

    (D)    A person licensed under this chapter must display the license in a prominent and conspicuous place in the primary place of practice.

    (E)    A licensee must notify the board within thirty days of a change in name or mailing address. When requesting a name change on a license, the licensee shall submit legal documentation, satisfactory to the board, indicating the name change.

    Section 40-9-240.    The board may issue a license pursuant to requirements provided for in regulation to a person who has been in the active practice of chiropractic in another state, territory, or country upon certification of the proper licensing authority that the applicant has been licensed for a minimum of five years immediately preceding application to this board and that the applicant's license has not been limited, suspended, revoked, censured, or otherwise disciplined within the five years immediately preceding the date of application to the board.

    Section 40-9-250.    No person shall engage in the practice of chiropractic in this State without a current and valid license for that purpose issued by the board. Nothing in this article shall be construed to prohibit:

    (1)    a person who is a regular student, technician, or instructor in a lawfully chartered chiropractic educational institution from the performance of those duties and actions conducted as a responsibility in teaching and research or as a requirement for an academic degree or for participation in a preceptorship training program under the direct supervision of a licensed chiropractor;

    (2)    a chiropractor holding a current and valid license in another state from acting as a consultant with a licensed chiropractor of this State.

    Section 40-9-260.    The board may adopt by regulation a code of ethics governing the practice of chiropractic in this State.

    Section 40-9-270.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."

SECTION    2.    This act takes effect upon approval by the Governor.