S 1064 Session 112 (1997-1998)
S 1064 General Bill, By Bryan
A BILL TO AMEND TITLE 40, CHAPTER 51, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PODIATRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY
ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE
ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO
FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PODIATRISTS.
02/24/98 Senate Introduced and read first time SJ-7
02/24/98 Senate Referred to Committee on Medical Affairs SJ-7
A BILL
TO AMEND TITLE 40, CHAPTER 51, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO PODIATRISTS, SO
AS TO CONFORM THIS CHAPTER TO THE STATUTORY
ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1
FOR BOARDS UNDER THE ADMINISTRATION OF THE
DEPARTMENT OF LABOR, LICENSING AND REGULATION
AND TO FURTHER PROVIDE FOR THE LICENSURE AND
REGULATION OF PODIATRISTS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 51, Title 40 of the 1976 Code is amended to
read:
"CHAPTER 51
Podiatrists and Podiatry
Section 40-51-10. The terms "chiropody" or
"chiropodist" or their derivatives and the terms
"podiatry" or "podiatrist" or their derivatives
shall convey and imply identical meanings.
Section 40-51-20. For the purposes of this chapter:
(1) 'Podiatry' shall mean the diagnosis, medical and surgical
treatment limited to ailments of the human foot, except the
administration of an anaesthetic other than local.
(2) 'Diagnosis' shall mean to ascertain a disease or ailment by
symptoms and findings and does not confer the right to use X-ray
other than for diagnosis.
(3) 'Medical treatment' shall mean the application or prescribing
of any therapeutic agent or remedy for the relief of foot ailments,
except the medical treatment of any systemic disease causing
manifestations in the foot.
(4) 'Surgical treatment' shall mean the use of any cutting
instrument to treat a disease, ailment, deformity or condition of the
foot, but shall not confer the right to amputate the foot or toes.
Section 40-51-30. (A) There is created the Board of Podiatry
Examiners to be composed of five members, appointed by the
Governor with the advice and consent of the Senate, one of whom
must be a lay member from the State at large, one of whom must be
a podiatrist from the State at large who shall serve as chairman, and
three of whom must be podiatrists, one from each of these districts:
(1) the Upper District comprised of Oconee, Pickens, Anderson,
Greenville, Spartanburg, Cherokee, Union, York, Chester, Fairfield,
Lancaster, Newberry, Saluda, Edgefield, McCormick, Greenwood,
Laurens, and Abbeville counties;
(2) the Central District comprised of Kershaw, Chesterfield,
Marlboro, Darlington, Lee, Sumter, Clarendon, Richland, Calhoun,
Orangeburg, Lexington, Aiken, Barnwell, and Allendale counties;
and
(3) the Lower District comprised of Hampton, Jasper, Beaufort,
Colleton, Charleston, Dorchester, Bamberg, Berkeley, Williamsburg,
Georgetown, Florence, Horry, Marion, and Dillon counties.
(B) The podiatrist at large and the lay member serve coterminously
with the appointing Governor and until their successors are appointed
and qualify. The board shall conduct an election to nominate three
podiatrists from each district to be submitted to the Governor for
consideration for appointment. The Governor shall appoint one
podiatrist to represent each district from among the nominees
submitted for that district. The election shall provide for participation
by all podiatrists currently licensed. The podiatrists elected must be
residents of the district they represent, licensed, and in good standing
to practice podiatry in this State and actively engaged in the practice
of podiatry in this State. The elected members of the board
representing the three districts shall serve a four-year term. No
member may serve more than one consecutive term of office;
however, a person appointed to fill an unexpired portion of a term if
reelected and reappointed may serve one full term.
(C) Before January sixteenth in the year in which the term expires
for a member representing a district, a qualified podiatrist desiring to
be a candidate for the board must submit to the secretary of the board
a biography and a statement indicating a desire to be a candidate for
the board. The secretary, in conjunction with the Department of
Labor, Licensing and Regulation, shall prepare ballots for mailing to
all licensed podiatrists. The ballots must be in a form that makes
tabulation quick and easy and shall contain the names of the
nominees in alphabetical order. Enclosures to accompany the ballots
shall include the envelope in which the ballot is to be sealed and an
envelope addressed to the Department of Labor, Licensing and
Regulation.
(D) Ballots must be mailed before April second to the last known
mailing address of all licensed podiatrists and must be returned to the
department postmarked before May second and received by the office
before May eleventh. The secretary of the board shall certify in the
presence of an employee of the Department of Labor, Licensing and
Regulation who is not employed by the board that these ballots are
true and valid.
(E) Before June second the board shall certify in writing to the
Governor the names of the three persons winning the election and the
name of the person on the board the nominees are being considered
to replace.
(F) Notwithstanding subsection (B), if a nominee is judged unfit by
the Governor, the board must be informed and other nominees must
be submitted in like manner.
(G) Vacancies must be filled in the manner of the original
appointment for the unexpired portion of the term.
Section 40-51-40. The Board of Podiatry Examiners may
promulgate regulations to carry out this chapter including, but not
limited to, regulations establishing continuing education
requirements.
Section 40-51-50. It shall be unlawful for any person to profess to
be a podiatrist or chiropodist or to practice or assume the duties
incident to podiatry or chiropody without first obtaining from the
State Board of Podiatry Examiners a podiatry license.
Section 40-51-57. (A) In addition to all licensing requirements
provided for in this chapter, an applicant for licensure must have
completed a one-year post-podiatric medical formal preceptorship or
residency program approved by the American Association of
Podiatric Physicians and Surgeons or the American Podiatric Medical
Association.
(B) The board may issue limited licenses to podiatrists participating
in approved preceptorship or residency programs.
Section 40-51-60. Any person desiring to enter into the practice of
podiatry in this State shall pay a fee to be determined by regulation
of the Board.
Section 40-51-65. It is unlawful for any person to practice
podiatric medicine in this State without obtaining first a license from
the board.
The board shall conduct an examination of any applicant who
submits satisfactory evidence that he has:
(a) received four years of high school training;
(b) completed at least three years of pre-podiatry training at a
recognized college;
(c) received a diploma or certificate of graduation from a
recognized college of podiatric medicine which has been accredited
by the Council on Podiatric Medical Education.
Section 40-51-70. The Board may make such regulations as it may
deem necessary to conduct its examinations and meetings. It shall
provide such books, blanks, and forms as may be necessary to
conduct such examinations and shall preserve and keep a complete
record of all its transactions.
Section 40-51-80. For the purposes of examination the board shall
use the National Board of Podiatry Examination and may use other
written or oral or written and oral examinations as the board
considers necessary; however, a written examination administered by
the board must be a nationally recognized examination or must be
administered by at least one other state. The board shall offer the
required examinations at least twice annually. A successful applicant
who has completed all requirements is eligible for a certificate to
practice podiatric medicine.
Section 40-51-100. Each applicant before being allowed to take
the examination, must pay to the Board a fee to be fixed by the Board
at an amount which, with other available resources of the Board, will
fully cover the cost of the examination, including compensation and
expenses of members of the examining board. In case the application
is denied and examination is refused the fee shall be returned to the
applicant. Any applicant who fails to pass an examination shall be
entitled to a reexamination within six months upon payment of the
original examination fee, but only two such reexaminations shall be
permitted under the privilege of the original application.
Section 40-51-110. Upon payment of a fee to be determined by
regulation of the board, a license may be issued to a podiatrist or a
chiropodist moving to this State from a state maintaining
requirements for the practice of podiatry or chiropody equal to the
standard in this State and extending the same reciprocal privileges to
podiatrists or chiropodists in this State.
Section 40-51-120. Any person to whom a license is granted
under the provisions of this chapter shall be entitled to be known as
a licensed podiatrist or chiropodist and any other podiatrist or
chiropodist who may later practice in the State shall be privileged to
use the title which his diploma from his podiatry or chiropody college
may have granted.
Section 40-51-130. A license must be conspicuously displayed at
the place of practice within thirty days of its issue.
Section 40-51-140. A person licensed to practice podiatry must
pay an annual renewal license fee which must be established in
regulation by the board, annually must complete twelve hours of
continuing medical education through a program approved by the
South Carolina Board of Podiatry Examiners, and must submit
documentation to the board of completion of this education. If the
renewal fee is not accompanied with the appropriate continuing
education documentation, the license may not be renewed and is
considered late and subject to the penalties promulgated by the board
in regulation. This continuing education requirement takes effect and
applies to licenses being renewed beginning in 1997. If the renewal
fee is not paid within two months after the date of notification by the
secretary that the fee is due, the license of the person failing to pay
shall be considered late and a penalty imposed as determined by
regulation. After an additional sixty days a nonrenewed license must
be suspended or revoked and must be reissued only by a majority
vote of the Board of Podiatry Examiners and upon payment of a late
fee and penalties established by the board.
Section 40-51-150. The State Board of Podiatry Examiners may
revoke the license to practice podiatry or chiropody of any person
who, while holding such license, obtains a fee or a promise or
obligation to pay a fee by fraud, or is guilty of gross negligence,
ignorant or wilful malpractice in the practice of podiatry or
chiropody, violation of any provisions of this chapter or any immoral
or dishonorable conduct.
Section 40-51-160. (A) The Board of Podiatry, if it has just cause,
shall notify a licensee not less than thirty days before a scheduled
hearing of its intention to suspend or revoke the license of the
licensee. The notice must specify the alleged grounds for suspension
or revocation and offer the licensee reasonable opportunity to be
heard in answer to the allegations. The decision to suspend or revoke
the license must be by majority vote of the total membership of the
board. A decision of the board to revoke or suspend a license is
subject to review by an administrative law judge as provided under
Article 5 of Chapter 23 of Title 1.
(B) A decision to suspend or revoke a license by the board is
effective upon delivery of a copy of the decision to the licensee, and
a petition for review by an administrative law judge is not a
supersedeas. The grounds for revocation or suspension of a license
are a satisfactory showing to the board that a holder of a license:
(1) 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 a felony or other crime involving moral
turpitude, drugs, or gross immorality;
(3) is addicted to alcohol or drugs to such a degree as to render the
podiatrist unfit to practice podiatry;
(4) has been convicted of the illegal or unauthorized practice of
podiatry;
(5) has knowingly performed an act which in any way assists an
unlicensed person to practice podiatry;
(6) has sustained a physical or mental disability which renders
further practice by the podiatrist dangerous to the public;
(7) has engaged in advertising for the practice of podiatry in a
manner that is deceptive or untruthful;
(8) is guilty of the performance of 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 podiatry;
(10) is guilty of obtaining fees or assisting in obtaining fees under
dishonorable, false, or fraudulent circumstances; or
(11) has violated or attempted to violate, directly or indirectly, or
is assisting in or abetting the violation or conspiring to violate a
provision or term of this chapter or a regulation promulgated under
this chapter.
(C) In addition to all other remedies and actions incorporated in this
chapter, the license of a person adjudged mentally incompetent by a
court of competent jurisdiction is automatically suspended by the
board until the person is adjudged by a court of competent
jurisdiction or in any other manner provided by law as being restored
to mental competency.
(D) In enforcing subsections (B)(3) and (6), the board upon just
cause may require a licensee or applicant to submit to a mental or
physical examination by a physician mutually agreed to by the
licensee or applicant and the board. If agreement is not reached, an
administrative law judge may appoint a physician to conduct the
examination. The results of an examination are admissible in a
hearing before the board, notwithstanding a claim of privilege under
any other provision of law. A person who accepts the privilege of
practicing podiatry in this State or who files an application for a
license to practice podiatry 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 of a privileged communication. If a licensee
or applicant fails to submit to an examination when properly directed
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 podiatry 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 podiatry with reasonable
skill and safety to patients.
(E) In enforcing subsections (B)(3) and (6), the board upon just
cause may obtain records relating to the mental or physical condition
of a licensee or applicant including, but not limited to, psychiatric
records. These records are admissible in a hearing before the board,
notwithstanding any other provision of law, if there is a prior
showing that the past mental or physical condition of the licensee or
applicant relates to a condition which may render the licensee or
applicant unfit to practice podiatry. A person who accepts the
privilege of practicing podiatry in this State or who files an
application to practice podiatry 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 of 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 podiatry 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 podiatry with reasonable skill and safety to patients.
(F) The board may impose a fine of up to five hundred dollars for
each violation of this chapter or of a regulation promulgated under
this chapter; however, the total fine may not exceed five thousand
dollars. All fines must be remitted to the State Treasurer and
deposited in a special fund from which the board must be reimbursed
upon the approval of the State Budget and Control Board for
administrative costs associated with each complaint or alleged
violation. At any time the revenue in this fund exceeds twenty
thousand dollars, all funds in excess of twenty thousand dollars must
be remitted to the general fund. Fines are payable immediately upon
the effective date of the board's action imposing the fine. Interest
accrues after fines are due at the maximum rate allowed by law. The
license of a person against whom a fine is imposed may not be
reinstated until the fine has been paid in full.
Section 40-51-170. All revenues and income from licenses,
examination fees, other fees, sale of commodities and services, and
income derived from any other Board source or activity shall be
remitted to the State Treasurer as collected, when practicable, but at
least once each week, and shall be credited to the General Fund of the
State. All assessments, fees or licenses shall be levied in an amount
sufficient to at least equal the amount appropriated in the annual
General Appropriations Act for the Board, plus any additional funds
allocated by the Budget and Control Board for implementation of the
State's Personnel Compensation Plan.
Section 40-51-180. All license fees received by the Board shall
be used to defray the necessary expenses of maintaining the Board.
Section 40-51-190. The Board shall report annually in accordance
with the provisions of Chapter 73, Title 40 of the 1976 Code.
Section 40-51-200. It shall be deemed prima facie evidence of the
practice of podiatry or chiropody or of holding one's self out as a
practitioner within the meaning of this chapter for any person to treat
in any manner the human foot by medical, mechanical or surgical
methods or electrical means or in any sign or advertisement to use the
word "chiropodist" or "registered
chiropodist" or "podiatrist," or "foot
specialist" or "foot correctionist" or "foot
expert" or "practapedist" or "podiatrist"
or any other term or letters indicating that he is a podiatrist or
chiropodist.
Section 40-51-220. Any person who shall practice or attempt to
practice podiatry or chiropody in this State without having complied
with the provisions of this chapter shall be guilty of a misdemeanor
and upon conviction thereof shall be fined not less than two hundred
dollars nor more than five hundred dollars or imprisoned for not less
than ninety days, nor more than one year, or both.
Section 40-51-230. This chapter shall not apply to licensed
physicians or surgeons in this State, to osteopaths licensed by the
State Board of Medical Examiners, nor to surgeons of the Army,
Navy, Air Force, and Public Health Service when in actual
performance of their official duties.
Section 40-51-240. No part of this chapter shall be deemed to
prohibit the fitting or sale of shoes or arch supports, excepting those
shoes or arch supports or other mechanical devices or prosthetics that
involve foot casting or impressions or fabricating for the feet, except
by written prescription of a duly licensed medical doctor or
chiropodist.
Section 40-51-260. No agency of the State, county or
municipality, nor any commission or clinic, nor any board
administering relief, social security, health insurance or health service
under the laws of the State of South Carolina shall deny to the
recipients or beneficiaries of their aid or services the freedom to
choose the provider of care or service which are within the scope of
practice of a duly licensed podiatrist as defined in this chapter.
Section 40-51-270. No member of the Board may serve as an
officer in any state podiatry association during his tenure on the
Board.
Section 40-51-5. Unless otherwise provided for in this chapter,
Article 1, Chapter 1 of Title 40 applies to podiatrists, regulated or
administered, or both, 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 40-51-10. In accordance with Section 40-1-10, there is
created the Board of Podiatric Medical Examiners under the
administration of the Department of Labor, Licensing and
Regulation. The purpose of this board is to protect the public by
regulating the practice of podiatric medicine through the
administration and enforcement of this chapter and any regulations
promulgated under this chapter.
Section 40-51-20. For the purposes of this chapter:
(1) 'Board' means the South Carolina State Board of Podiatric
Medical Examiners.
(2) 'Diagnosis' means to ascertain a disease or ailment by
symptoms and findings and does not confer the right to use X-ray
other than for diagnosis.
(3) 'Director' means the Director of the Department of Labor,
Licensing and Regulation.
(4) 'In-training limited license' means an authorization to practice
podiatric medicine under the supervision of a podiatrist licensed to
practice podiatric medicine under this section, provided that
supervision is not by a person holding limited license and that the
practice of podiatric medicine is a part of the curriculum of
postgraduate training, of at least one year in duration, in a
preceptorship sponsored by an accredited school or college of
podiatric medicine or approved by the board, or a residency program
accredited by the Council on Podiatric Medical Education, or
approved by the board, and that such training is taking place within
South Carolina.
(5) 'License' means an authorization to practice podiatric medicine
issued by the South Carolina Board of Podiatric Medical Examiners
under this section.
(6) 'Licensee' means any individual who has met the requirements
for licensure under this chapter and has been issued a license by the
board.
(7) 'Medical treatment' means the application or prescribing of
any therapeutic agent or remedy for the relief of foot ailments except
the medical treatment of local manifestations of systemic conditions
in the foot.
(8) 'Person' means any individual, organization, or corporation
except that only individuals can be licensed under this chapter.
(9) 'Podiatric medicine' is the profession of the health sciences
concerned with the diagnosis and medical and surgical treatment of
the human foot except the administration of an anaesthetic other than
local.
(10) 'Podiatrist' means one who is licensed to practice podiatric
medicine and surgery by the South Carolina Board of Podiatric
Medical Examiners. It shall be deemed prima facie evidence of the
practice of podiatric medicine or of holding one's self out as a
practitioner within the meaning of this chapter for any person to treat
in any manner the human foot by medical, mechanical, or surgical
methods or electrical means or in any sign or advertisement to use the
word 'podiatrist' or 'foot specialist' or 'foot correctionist' or 'foot
expert' or 'practapedist' or any other term or letters tending to imply
that he is a podiatrist.
(11) 'Surgical treatment' means the use of any cutting instrument
to treat a disease, ailment, deformity, or condition of the foot but does
not confer the right to amputate the foot or toes.
Section 40-51-30. It is unlawful for a person to profess to be a
podiatrist, to hold himself out as a practitioner, or to practice or
assume the duties incident to podiatric medicine without first
obtaining from the State Board of Podiatric Medical Examiners a
license to practice podiatric medicine.
Section 40-51-40. This board is administered pursuant to Sections
40-1-40 and 40-1-50.
Section 40-51-45. This board adheres to Section 40-1-45.
Section 40-51-50. (A) Any and all fees, including any application
fee established by the board in regulation, must be assessed,
collected, and adjusted on behalf of the board by the Department of
Labor, Licensing and Regulation in accordance with regulations
promulgated under this chapter and Section 40-1-50(D).
(B) All fees are nonrefundable.
(C) A check which is presented to the board as payment for a fee
which the board is permitted to charge under this chapter and which
is returned unpaid may be cause for denial of a license or refusal to
renew or reinstate a license or for imposing a sanction authorized
under this chapter or Section 40-1-50(G).
Section 40-51-60. (A)(1) The Board of Podiatric Medical
Examiners is composed of five members, appointed by the Governor
with the advice and consent of the Senate, one of whom must be a lay
member from the State at large, one of whom must be a podiatrist
from the State at large who shall serve as chairman, and three of
whom must be podiatrists, one from each of these districts:
(a) the Upper District comprised of Oconee, Pickens,
Anderson, Greenville, Spartanburg, Cherokee, Union, York, Chester,
Fairfield, Lancaster, Newberry, Saluda, Edgefield, McCormick,
Greenwood, Laurens, and Abbeville Counties;
(b) the Central District comprised of Kershaw, Chesterfield,
Marlboro, Darlington, Lee, Sumter, Clarendon, Richland, Calhoun,
Orangeburg, Lexington, Aiken, Barnwell, and Allendale Counties;
and
(c) the Lower District comprised of Hampton, Jasper,
Beaufort, Colleton, Charleston, Dorchester, Bamberg, Berkeley,
Williamsburg, Georgetown, Florence, Horry, Marion, and Dillon
Counties.
(2) The podiatrist at large and the lay member serve
coterminously with the appointing Governor and until their
successors are appointed and qualify. The board shall conduct an
election to nominate three podiatrists from each district to be
submitted to the Governor for consideration for appointment. The
Governor shall appoint one podiatrist to represent each district from
among the nominees submitted for that district. The election shall
provide for participation by all podiatrists currently licensed. The
podiatrists elected must be residents of the district they represent,
licensed, and in good standing to practice podiatric medicine in this
State and actively engaged in the practice of podiatric medicine in
this State. The elected members of the board representing the three
districts shall serve a four-year term. No member may serve more
than one consecutive term of office; however, a person appointed to
fill an unexpired portion of a term if reelected and reappointed may
serve one full term.
(3) Before January sixteenth, in the year in which the term
expires for a member representing a district, a qualified podiatrist
desiring to be a candidate for the board must submit to the secretary
of the board a biography and a statement indicating a desire to be a
candidate for the board. The secretary, in conjunction with the
Department of Labor, Licensing and Regulation, shall prepare ballots
for mailing to all licensed podiatrists. The ballots must be in a form
that makes tabulation quick and easy and shall contain the names of
the nominees in alphabetical order. Enclosures to accompany the
ballots shall include the envelope in which the ballot is to be sealed
and an envelope addressed to the Department of Labor, Licensing
and Regulation.
(4) Ballots must be mailed before April second to the last
known mailing address of all licensed podiatrists and must be
returned to the department postmarked before May second and
received by the office before May eleventh. The secretary of the
board shall certify in the presence of an employee of the Department
of Labor, Licensing and Regulation, who is not employed by the
board, that these ballots are true and valid.
(5) Before June second the board shall certify in writing to the
Governor the names of the three persons winning the election and the
name of the person on the board the nominees are being considered
to replace.
(6) Notwithstanding subsection (2), if a nominee is judged unfit
by the Governor, the board must be informed and other nominees
must be submitted in like manner.
(7) Vacancies must be filled in the manner of the original
appointment for the unexpired portion of the term.
(8) The Governor may remove any member of the board in
accordance with Section 1-3-240.
(9) Each member of the board shall, before entering upon the
discharge of the duties of his office, take and file with the Secretary
of State, in writing, an oath to perform properly the duties of the
office as a member of the board and to uphold the Constitution of this
State and the United States.
(10) No member of the board may serve as an officer in any state
podiatry association during his tenure on the board.
(B) In addition to the provisions of Section 40-1-60, the following
apply:
(1) The board shall annually elect from among its members a
chairman, vice-chairman, and other officers as the board determines
necessary.
(2) The board shall meet four times per year and at other times
upon the call of the chairman or a majority of the board.
(3) Three members of the board shall constitute a quorum at all
meetings; however, if there is a vacancy on the board, a majority of
the members serving constitutes a quorum.
(4) The board shall adopt rules and procedures reasonably
necessary for the performance of its duties and the governance of its
operations and proceedings.
(5) The board may have and use an official seal bearing the
name of the board.
Section 40-51-70. (A) In addition to the powers and duties
included in Section 40-1-70 through Section 40-1-100, the board
shall:
(1) promulgate regulations consistent with this chapter;
(2) establish policies and procedures necessary to meet the
requirements of this chapter;
(3) have the full power to regulate the issuance of licenses; and
(4) discipline podiatrists in any manner permitted by this
chapter or under the provisions of Section 40-1-110 through Section
40-1-150.
(B) The board may promulgate regulations setting forth a code of
ethics for persons licensed by the board.
Section 40-51-80. Investigations must be conducted in accordance
with the provisions of Sections 40-1-80, 40-1-90, and 40-1-190.
Section 40-51-90. Hearings must be conducted in accordance with
the provisions of Sections 40-1-80, 40-1-90, and 40-1-190.
Section 40-51-100. Restraining orders and cease and desist orders
must be issued in accordance with the provisions of Section
40-1-100.
Section 40-51-110. (A) In addition to grounds for disciplinary
actions as set forth in Section 40-1-110 and in accordance with this
section, the board may take disciplinary action against a licensee
who:
(1) violates federal, state, or local laws relating to the practice
of podiatric medicine;
(2) violates any provisions of this chapter, any order issued, or
regulation promulgated by the board;
(3) fraudulently or deceptively attempts to use, obtain, alter,
sell, or barter a license;
(4) aids or abets a person who is not a licensed podiatrist in
illegally engaging in the practice of podiatric medicine within this
State;
(5) participates in the fraudulent procurement or renewal of a
license for himself or another person or allows another person to use
his license;
(6) commits fraud or deceit in the practice of podiatric medicine
including, but not limited to:
(a) misrepresenting an educational degree, training,
credentials, competence, or any other material fact;
(b) using or promoting or causing the use of any misleading,
deceiving, improbable, or untruthful advertising matter, promotional
literature, testimonial guarantee, warranty, label, brand, insignia, or
any other representation;
(c) wilfully making or filing a false report or record in the
practice of podiatric medicine;
(d) submitting a false statement to collect a fee or obtaining
a fee through fraud or misrepresentation;
(7) commits any act of dishonest, immoral, or unprofessional
conduct while engaging in the practice of podiatric medicine
including, but not limited to:
(a) engaging in illegal, incompetent, or negligent practice;
(b) providing professional services while mentally
incompetent or under the influence of alcohol or drugs;
(c) providing services or promoting the sale of devices,
appliances, or products to a person who cannot reasonably be
expected to benefit from such services, devices, appliances, or
products;
(d) diagnosing or treating individuals by mail or telephone
unless the individual was previously examined by the licensee and
the diagnosis or treatment is related to the examination or at the
request of the attending physician;
(8) is convicted or pleads guilty or nolo contendere to a felony
or crime involving moral turpitude or a violation of a federal, state,
or local alcohol or drug law, whether or not any appeal or other
proceeding is pending to have the conviction or plea set aside;
(9) is disciplined by a licensing or disciplinary authority of any
other state, country, or nationally recognized professional
organization, or convicted or disciplined by a court of any state or
country for an act that would be grounds for disciplinary action under
this section;
(10) fails to obtain informed consent when performing an
invasive procedure. Written informed consent must be obtained
when engaging in procedures which have been defined as
experimental;
(11) violates any code of ethics which may be promulgated in
regulation by the board;
(12) has been convicted of the illegal or unauthorized practice of
podiatric medicine;
(13) has engaged in advertising for the practice of podiatric
medicine in a manner that is deceptive or untruthful; or
(14) has violated or attempted to violate, directly or indirectly, or
is assisting in or abetting the violation or conspiring to violate a
provision or term of this chapter or a regulation promulgated under
this chapter.
(B) In addition to all other remedies and actions incorporated in
this chapter, the license of a person adjudged mentally incompetent
by a court of competent jurisdiction is automatically suspended by
the board until the person is adjudged by a court of competent
jurisdiction or in any other manner provided by law as being restored
to mental competency.
(C) The board upon just cause may require a licensee or applicant
to submit to a mental or physical examination by a physician
approved by the board. The results of an examination are admissible
in a hearing before the board, notwithstanding a claim of privilege
under any other provision of law. A person who accepts the privilege
of practicing podiatric medicine in this State or who files an
application for a license to practice podiatric 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 of a
privileged communication. If a licensee or applicant fails to submit
to an examination when properly directed 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 podiatric
medicine under this subsection must be afforded a hearing within a
reasonable time to provide the opportunity to demonstrate to the
board the ability to resume or begin the practice of podiatric medicine
with reasonable skill and safety to patients.
(D) The board upon just cause may obtain records relating to the
mental or physical condition of a licensee or applicant including, but
not limited to, psychiatric records. These records are admissible in
a hearing before the board, notwithstanding any other provision of
law, if there is a prior showing that the past mental or physical
condition of the licensee or applicant relates to a condition which
may render the licensee or applicant unfit to practice podiatric
medicine. A person who accepts the privilege of practicing podiatric
medicine in this State or who files an application to practice podiatric
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 of 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 podiatric medicine under this
subsection must be afforded a hearing within a reasonable time to
provide the opportunity to demonstrate to the board the ability to
resume or begin the practice of podiatric medicine with reasonable
skill and safety to patients.
(E) In enforcing Section 40-1-110 and this section, the board shall
maintain the confidentiality of the records relating to the mental or
physical condition of the licensee or applicant and restrict the
disclosure and dissemination of the records, any portion of its
contents, or a summary to those individuals who are directly involved
in the decision-making process regarding the license or application.
Section 40-51-115. The board has jurisdiction as outlined in
Section 40-1-115.
Section 40-51-120. Upon a determination by the board that one
or more of the grounds for disciplining a licensee exists, as provided
for in Sections 40-51-110 and 40-1-110, the board may, in addition
to the actions as provided for in Section 40-1-120, impose a fine not
to exceed $50,000.
Section 40-51-130. Applications may be denied pursuant to the
provisions of Section 40-1-130.
Section 40-51-140. Prior convictions must be reviewed and
evaluated pursuant to Section 40-1-140.
Section 40-51-150. A licensee who is under investigation for any
of the grounds provided for in Section 40-51-110 for which the board
may take disciplinary action may voluntarily surrender his license or
permit to the board in accordance with the provisions of Section
40-1-150.
Section 40-51-160. A person aggrieved by any action of the
board may seek review of the decision in accordance with the
provisions of Section 40-1-160.
Section 40-51-170. Costs must be recovered pursuant to Section
40-1-170.
Section 40-51-180. Collections must be made pursuant to Section
40-1-180.
Section 40-51-190. In addition to communications protected
pursuant to Section 40-1-190, 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 assigned to the board,
court reporter, or investigator may mention the existence of the
complaint, investigation, or other proceeding, disclose any
information pertaining to the complaint, investigation, or other
proceeding, or discuss any testimony or other evidence in the
complaint, investigation, or other proceeding, except to persons
involved and having 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, whenever the board receives information in any complaint,
investigation, or other proceeding before it indicating a violation of
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 so as to prevent the board
from making public a copy of its final order in any proceeding as
authorized or required by law.
Section 40-51-200. In accordance with Section 40-1-200:
(1) A person who practices or offers to practice podiatric medicine
for compensation in this State in violation of this chapter or who
knowingly submits false information to the board for the purpose of
obtaining a license is guilty of a misdemeanor and, upon conviction,
must be fined not less than two hundred fifty dollars and not more
than fifty thousand dollars or imprisoned for not less than thirty days
and not more than twelve months, or both.
(2) A person violating any other provision of this chapter is guilty
of a misdemeanor and, upon conviction, must be fined not less than
one hundred fifty dollars and not more than five thousand dollars or
imprisoned for not less than ten days and not more than six months,
or both.
Section 40-51-210. Requests for injunctive relief and civil fines
must be made pursuant to Section 40-1-210.
Section 40-51-220. (A) Any person desiring to be licensed by
the board as a podiatrist must meet the following criteria:
(1) have earned a Doctor of Podiatric Medicine degree from a
school or college of podiatric medicine accredited by the Council of
Podiatric Medical Education;
(2) have taken and passed, every and all portions of the National
Board Examinations administered by the National Board of Podiatric
Medical Examiners;
(3) have taken an examination approved by the board with a
score equal or greater to a minimum score established by the board;
(4) have not been found by a licensing board or agency having
jurisdiction over the applicant's license to practice podiatric medicine
or a judicial proceeding in any state or territory or to have committed
acts which are grounds for suspension or revocation or the license as
disciplinary action under this chapter or Section 40-1-110; and
(5) have completed a one-year post-podiatric medical formal
preceptorship or residency program approved by the American
Association of Podiatric Physicians and Surgeons or the Council on
Podiatric Medical Education of the American Podiatric Medical
Association.
(B) The board may issue a limited license to a podiatrist who is
participating in approved preceptorship or residency program of at
least one year in duration, provided that such training takes place
within South Carolina and the podiatrist has met the requirements of
subsections (A) (1) and (2).
(C) A license may be issued to a podiatrist moving to this State
from a state maintaining requirements for the practice of podiatric
medicine equal to the standard in this State and extending the same
reciprocal privileges to podiatrists in this State and who meets such
other requirements as the board may establish in regulation.
(D) The board may issue a temporary license to a person who
holds an unrestricted license to practice podiatric medicine in another
state under the following conditions and purposes:
(1) The applicant must file an application with the board.
(2) Specific proposed practice location or locations and specific
time frames must be documented.
(3) The applicant must submit a supervisory/practice agreement
as prescribed in regulation. Any supervising podiatrist must possess
an active, unrestricted permanent license to practice podiatric
medicine in South Carolina.
(4) This license limits practice to specific sites and practice
settings and may be issued for a year or part of a year and may not be
renewed.
Section 40-51-230. A person desiring to practice as a podiatrist
must file a notarized application for a license with the board. The
application must be in the form and detail the board prescribes. Each
application for a license must be accompanied by the appropriate fee
and documentation of eligibility as prescribed by the board.
Section 40-51-240. (A) The board shall conduct an examination
of any applicant who submits satisfactory evidence that he has met
the requirements of subsection 40-51-220 (A) or (B).
Each applicant, before being allowed to take the examination, must
pay to the board a fee to be fixed by the board.
(B) The board shall use a nationally recognized examination and
may use other written or oral or written and oral examinations as
promulgated in regulations as the board considers necessary to assess
the competency of the applicant. However, a written examination
administered by the board must be a nationally recognized
examination or must be administered by at least one other state.
These examinations must be graded in a manner consistent with the
recommendations of the authoring organization or the other state.
The board shall offer the required examinations at least twice
annually.
(C) The applicant may have examination review rights as may be
outlined in board regulations.
Section 40-51-250. (A) If an applicant satisfies all licensure
requirements as provided for in this chapter, the board shall issue a
license to the applicant. A license is a personal right and not
transferable and the issuance of a license is evidence that the person
is entitled to all rights and privileges of a licensed podiatrist while the
license remains current and unrestricted. The license remains the
property of the State and, upon suspension or revocation, must be
returned immediately to the board.
(B) A person licensed under this chapter must display the
document in a prominent and conspicuous place in the person's place
of business or place of employment.
(C) Only a person licensed under this chapter may use the title
of podiatrist.
(D) A duplicate license may be issued by the board in
accordance with Section 40-51-50.
(E) Any person to whom a license is granted under the
provisions of this chapter is entitled to be known as a licensed
podiatrist and any other podiatrist who may later practice in the State
must be privileged to use the title which his diploma from his college
of podiatric medicine may have granted.
Section 40-51-260. (A) Licenses must be renewed biennially.
Licenses expire on December thirty-first.
(B) To renew a license, the licensee shall:
(1) pay a renewal fee in the amount, at the time, and in the
manner as the board provides as set forth in Section 40-51-50.
(2) submit evidence of compliance with continuing education
requirements prescribed by the board as set forth in Section
40-51-270. A renewal application is not considered complete unless
a report of continuing education is included along with the
appropriate renewal fee. Late submission will result in assessment of
a late fee, possible audit, and possible denial of renewal. The late
renewal fee must be assessed pursuant to the fee schedule.
(C) Failure to renew a license by the December thirty-first renewal
date renders the license invalid. The license may be reinstated upon
receipt of application, accompanied by the renewal fee and the
appropriate delinquency fee established by the board in regulation
and a reinstatement fee, postmarked not later than January thirty-first.
A delinquent renewal request not postmarked before February first
requires a new application under the guidelines in effect for the
current period.
Section 40-51-270 (A) As a condition of license renewal, a
podiatrist must satisfactorily complete twenty-four hours or two and
four-tenths continuing education units of approved continuing
education per license period through programs approved by the South
Carolina Board of Podiatric Medical Examiners. One-tenth of a
continuing education unit equals sixty minutes.
(B) Continuing education must be reported on a form approved by
the board. To ensure that it is recorded prior to the renewal deadline
of December thirty-first and does not delay a licensee's renewal, the
completed form must be received by the board not later than October
thirty-first of each year. Any continuing education forms submitted
after December thirty-first are subject to the late fee as specified in
Section 40-51-50.
(C) Courses used to meet the continuing education requirement
must meet standards and conditions established by the board.
(D) Continuing education must be documented and maintained by
licensees for audit purposes. A sampling of reports of continuing
education must be audited annually.
(1) Each licensee must submit a report of continuing education
on a form approved by the board attesting to completion of the
required continuing education at the time of license, permit, or
registration renewal;
(2) Each licensee must maintain records of continuing education
hours earned for a period of four years, and these records must be
made available to the director or his designee upon request.
(E) Submission of false or misleading information is grounds for
immediate revocation of the license to practice and other disciplinary
actions as the board considers appropriate.
Section 40-51-280. No agency of the State, county, or
municipality, no commission or clinic, and no board administering
relief, social security, health insurance, or health service under the
laws of the State of South Carolina shall deny to the recipients or
beneficiaries of their aid or services the freedom to choose the
provider of care or service which are within the scope of practice of
a duly licensed podiatrist as defined in this chapter.
Section 40-51-290. This chapter does not apply to licensed
physicians or surgeons in this State, to osteopaths licensed by the
State Board of Medical Examiners, or to surgeons of the Army,
Navy, Air Force, and Public Health Service when in actual
performance of their official duties.
Section 40-51-300. If any provision of this chapter or the
application of any provision to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications
of this statute which can be given effect without the invalid provision
or application, and to this end the provisions of this statute are
severable."
SECTION 2. This act takes effect upon approval by the Governor.
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