S*104 Session 105 (1983-1984)
S*0104(Rat #0238, Act #0136 of 1983) General Bill, By H.E. McDonald
A Bill to amend Section 40-47-200, as amended, Code of Laws of South Carolina,
1976, relating to suspension or revocation of licensure or other disciplinary
action against persons licensed by the State Board of Medical Examiners, so as
to provide for a civil penalty of up to ten thousand dollars plus costs and
for disposition of these monies, authorize the Board to request the Attorney
General's office to make an investigation and recommendation prior to issuing
a formal complaint, make a plea of guilty or nolo contendere to a crime
equivalent of a conviction for disciplinary purposes, provide for immediate
suspension for misconduct requiring action and a procedure for reinstatement
when conviction reversed and to amend the 1976 Code by adding Section
40-47-201 to provide that the denial, revocation, suspension, or restriction
of a license to practice medicine in another state on grounds that constitute
misconduct in this State supports action for disciplinary action.-amended
title
01/11/83 Senate Introduced and read first time SJ-109
01/11/83 Senate Referred to Committee on Medical Affairs SJ-109
02/15/83 Senate Committee report: Favorable with amendment
Medical Affairs SJ-449
02/23/83 Senate Amended SJ-526
02/23/83 Senate Read second time SJ-526
03/03/83 Senate Read third time and sent to House SJ-619
03/08/83 House Introduced and read first time HJ-1340
03/08/83 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-1341
05/31/83 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-3263
06/02/83 House Amended HJ-3452
06/02/83 House Read second time HJ-3456
06/07/83 House Read third time HJ-3520
06/07/83 House Returned HJ-3520
06/07/83 Senate Concurred in House amendment and enrolled SJ-1906
06/14/83 Ratified R 238
06/20/83 Signed By Governor
06/20/83 Effective date 06/20/83
06/20/83 Act No. 136
06/27/83 Copies available
(A136, R238, S104)
AN ACT TO AMEND SECTION 40-47-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO SUSPENSION OR REVOCATION OF LICENSURE OR OTHER DISCIPLINARY
ACTION AGAINST PERSONS LICENSED BY THE STATE BOARD OF MEDICAL EXAMINERS, SO
AS TO PROVIDE FOR A CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS PLUS COSTS AND
FOR DISPOSITION OF THESE MONIES, AUTHORIZE THE BOARD TO REQUEST THE ATTORNEY
GENERAL'S OFFICE TO MAKE AN INVESTIGATION AND RECOMMENDATION PRIOR TO
ISSUING A FORMAL COMPLAINT, MAKE A PLEA OF GUILTY OR NOLO CONTENDRE TO A
CRIME EQUIVALENT OF A CONVICTION FOR DISCIPLINARY PURPOSES, PROVIDE FOR
IMMEDIATE TEMPORARY SUSPENSION FOR MISCONDUCT REQUIRING ACTION AND A
PROCEDURE FOR REINSTATEMENT WHEN CONVICTION REVERSED AND TO AMEND THE 1976
CODE BY ADDING SECTION 40-47-201 TO PROVIDE THAT THE DENIAL, REVOCATION,
SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE MEDICINE IN ANOTHER STATE
ON GROUNDS THAT CONSTITUTE MISCONDUCT IN THIS STATE SUPPORTS ACTION FOR
DISCIPLINARY ACTION.
Be it enacted by the General Assembly of the State of South Carolina:
Board may order revocation or suspension of license
SECTION 1. Section 40-47-200 of the 1976 Code, as last amended by Act 614 of 1976, is further amended
to read:
"Section 40-47-200. The State Board of Medical Examiners (board) may, if it has reason to believe
grounds exist, 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 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 licensee, when it is established that such individual has violated any of the provisions of this
chapter or any of the regulations 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 deposit them in a special fund from which the State Board of
Medical Examiners shall 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 excess funds must
be remitted to the General Fund. Any 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 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 member of the board shall be
permitted. Thereupon, 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.
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 notice to be given not less than ten days prior
to such meeting. The complainant and the licensee and their counsel have the right to appear before the board
at such 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 it has participated in the hearing before the
panel.
Upon consideration of the report of the panel and of the showing made to the board, the board may:
(a) refer the matter back to the panel for further hearing; or
(b) order a further hearing before the board; or
(c) proceed upon the certified report of the prior proceedings before the panel.
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 action.
Any 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 and is subject to review
by the circuit court upon petition filed by the licensee with the court and a copy thereof served upon the
secretary of the board within thirty days from the date of delivery of the board's decision to the licensee. Such
review must be limited to the record established by the board hearing.
Any decision by the board to revoke, suspend, or otherwise restrict a license or to limit or otherwise
discipline a licensee becomes effective upon delivery of a copy of such decision to the licensee and a petition
for court review does not operate as a supersedeas.
'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:
(1) That any false, fraudulent, or forged statement or document 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 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, 'drugs' shall
include any 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 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 act which in any way assists an unlicensed
person to practice medicine or osteopathy.
(6) That the holder of a license has sustained any physical or mental disability which renders further
practice by him 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 false or fraudulent statement in any 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.
(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.
In addition to all other remedies and actions incorporated in this chapter, the license of any physician
(medical or osteopathic) adjudged mentally incompetent by any court of competent jurisdiction must be
automatically suspended by the board until he is adjudged by a court of competent jurisdiction or in any other
manner provided by law as being restored to mental competency.
Further, the license of any person who is convicted of, or who pleads guilty or nolo contendere with respect
to, those crimes mentioned under item (2) of this section shall be immediately temporarily suspended 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 person so suspended must be reinstated immediately upon the filing of a
certificate that the conviction has been reversed. The reinstatement shall not terminate any disciplinary action
pending against such person."
Denial, revocation, etc., to practice medicine in another State
supports action for disciplinary action
SECTION 2. The 1976 Code is amended by adding:
"Section 40-47-201. Acts or omissions by a licensee causing the denial, revocation, suspension, or
restriction of a license to practice medicine in another state will support the issuance of a formal complaint
and the commencement of disciplinary proceedings as described in Section 40-47-200 and, if required by law,
pursuant to Section 40-47-211. This provision applies only when the disciplinary action taken in another state
is based on grounds that would constitute misconduct under Section 40-47-200.
Proof of such 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.
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 Medical Examiners or the Medical Disciplinary Commission
of the board, if required by law, copies of all transcripts, documents, and orders used, relied upon, or issued
by the licensing authority in the other state. Failure to produce such items within ninety days of the board's
or Medical Disciplinary Commission's request for them shall result in the suspension of the individual's
license to practice medicine in this State until such time as the items have been supplied to the board or the
Medical Disciplinary Commission.
The licensee may present mitigating testimony to the board or the Medical Disciplinary Commission
regarding disciplinary action taken in another state or evidence that the acts or omissions committed in
another state do not constitute misconduct under Section 40-47-200."
Time effective
SECTION 3. This act shall take effect upon approval by the Governor. |