H 3286 Session 112 (1997-1998)
H 3286(Rat #0156) General Bill, By Sharpe
A BILL TO AMEND SECTIONS 40-30-40 AND 40-30-65, BOTH AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADVISORY
PANEL AND DISCIPLINARY PANEL, RESPECTIVELY, FOR MASSAGE/BODYWORK, SO AS TO
ALLOW A MEMBER OF EITHER PANEL TO SERVE MORE THAN TWO TERMS AND TO REQUIRE
COMPENSATION FOR PANEL MEMBERS AS AUTHORIZED FOR MEMBERS OF BOARDS AND
COMMISSIONS; TO AMEND SECTION 40-30-80, AS AMENDED, RELATING TO FEES SO AS TO
PROVIDE FOR APPLICATION, RENEWAL, AND LATE FEES; TO AMEND SECTION 40-30-180,
RELATING TO MASSAGE/BODYWORK LICENSE RENEWAL, SO AS TO PROVIDE FOR
REACTIVATION PROCEDURES WHEN CONTINUING EDUCATION REQUIREMENTS ARE NOT MET FOR
RENEWAL; TO AMEND SECTION 40-30-220, RELATING TO RESTRAINING ORDERS, SO AS TO
PROVIDE THAT THE ADMINISTRATIVE PROCEDURES ACT RATHER THAN RULES OF CIVIL
PROCEDURE APPLIES WHEN SEEKING AN ORDER; SECTION 40-30-310, RELATING TO
VIOLATIONS OF THE CHAPTER, SO AS TO PROVIDE THAT AN ACTION FOR INJUNCTIVE
RELIEF MAY BE BROUGHT THROUGH THE ADMINISTRATIVE LAW JUDGE DIVISION RATHER
THAN CIRCUIT COURT; TO AMEND ACT 387 OF 1996, RELATING TO GRANDFATHERING
PROVISIONS FOR MASSAGE/BODYWORK THERAPISTS, SO AS TO PROVIDE FOR THE WAIVER OF
THE EXAMINATION UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE THAT INITIAL PANEL
APPOINTEES ARE NOT REQUIRED TO BE LICENSED TO PRACTICE MASSAGE/BODYWORK UNTIL
JANUARY 1, 1998, IF OTHER REQUIREMENTS ARE MET.-AMENDED TITLE
01/22/97 House Introduced and read first time HJ-6
01/22/97 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-7
03/12/97 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-4
03/13/97 House Amended HJ-19
03/13/97 House Read second time HJ-22
03/13/97 House Unanimous consent for third reading on next
legislative day HJ-22
03/14/97 House Read third time and sent to Senate HJ-1
03/18/97 Senate Introduced and read first time SJ-6
03/18/97 Senate Referred to Committee on Labor, Commerce and
Industry SJ-6
05/22/97 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-17
05/27/97 Senate Amended SJ-30
05/27/97 Senate Read second time SJ-30
05/29/97 Senate Read third time and returned to House with
amendments SJ-54
06/03/97 House Concurred in Senate amendment and enrolled HJ-56
06/04/97 Ratified R 156
06/10/97 Vetoed by Governor
06/17/97 House Veto sustained Yeas-80 Nays-22 HJ-94
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS IS NOT
THE FINAL VERSION.
(Rxxx, H3286)
AN ACT TO AMEND SECTIONS 40-30-40 AND 40-30-65,
BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE POWERS AND DUTIES OF THE
ADVISORY PANEL AND DISCIPLINARY PANEL, RESPECTIVELY,
FOR MASSAGE/BODYWORK, SO AS TO ALLOW A MEMBER OF
EITHER PANEL TO SERVE MORE THAN TWO TERMS AND TO
REQUIRE COMPENSATION FOR PANEL MEMBERS AS
AUTHORIZED FOR MEMBERS OF BOARDS AND COMMISSIONS;
TO AMEND SECTION 40-30-80, AS AMENDED, RELATING TO
FEES SO AS TO PROVIDE FOR APPLICATION, RENEWAL, AND
LATE FEES; TO AMEND SECTION 40-30-180, RELATING TO
MASSAGE/BODYWORK LICENSE RENEWAL, SO AS TO
PROVIDE REACTIVATION PROCEDURES WHEN CONTINUING
EDUCATION REQUIREMENTS ARE NOT MET FOR RENEWAL;
TO AMEND SECTION 40-30-220, RELATING TO RESTRAINING
ORDERS, SO AS TO PROVIDE THAT THE ADMINISTRATIVE
PROCEDURES ACT RATHER THAN RULES OF CIVIL
PROCEDURE APPLIES WHEN SEEKING AN ORDER; SECTION
40-30-310, RELATING TO VIOLATIONS OF THE CHAPTER, SO AS
TO PROVIDE THAT AN ACTION FOR INJUNCTIVE RELIEF MAY
BE BROUGHT THROUGH THE ADMINISTRATIVE LAW JUDGE
DIVISION RATHER THAN CIRCUIT COURT; TO AMEND ACT 387
OF 1996, RELATING TO GRANDFATHERING PROVISIONS FOR
MASSAGE/BODYWORK THERAPISTS, SO AS TO PROVIDE FOR
THE WAIVER OF THE EXAMINATION UNDER CERTAIN
CIRCUMSTANCES; AND TO PROVIDE THAT INITIAL PANEL
APPOINTEES ARE NOT REQUIRED TO BE LICENSED TO
PRACTICE MASSAGE/BODYWORK UNTIL JANUARY 1, 1998, IF
OTHER REQUIREMENTS ARE MET.
Be it enacted by the General Assembly of the State of South Carolina:
Panel members terms
SECTION 1. Section 40-30-40(C) of the 1976 Code, as last
amended by Act 387 of 1996, is further amended to read:
"(C) Members serve a term of four years and until their successors
are appointed and qualify. A vacancy on the advisory panel must be
filled in the manner of the original appointment for the remainder of the
unexpired term."
Compensation
SECTION 2. Section 40-30-40 of the 1976 Code, as last amended
by Act 387 of 1996, is further amended by adding at the end:
"(E) Members of the advisory panel must be compensated for their
services at the usual rate for mileage, subsistence, and per diem as
provided for in Section 40-1-50."
Panel members terms
SECTION 3. Section 40-30-65(C) of the 1976 Code, as added by
Act 387 of 1996, is amended to read:
"(C) Members serve a term of two years and until their successors
are appointed and qualify. A vacancy on the disciplinary panel must be
filled in the manner of the original appointment for the remainder of the
unexpired term."
Compensation
SECTION 4. Section 40-30-65(E) of the 1976 Code, as added by
Act 387 of 1996, is amended to read:
"(E) Members of the disciplinary panel must be compensated for
their services at the usual rate for mileage, subsistence, and per diem as
provided for in Section 40-1-50."
Fees
SECTION 5. Section 40-30-80(8) of the 1976 Code, as last
amended by Act 387 of 1996, is further amended to read:
"(8) continuing education course provider fee application, not to
exceed one hundred dollars and continuing education course provider
renewal fee, not to exceed fifty dollars;
(9) continuing education course initial application fee, not to exceed
one hundred dollars and continuing education course renewal fee, not to
exceed fifty dollars;
(10) late renewal fee, not to exceed fifty dollars."
License renewal
SECTION 6. Section 40-30-180 of the 1976 Code, as added by
Act 387 of 1996, is amended to read:
"(A) A person licensed under this chapter biennially must satisfy
these license renewal requirements in order to continue practicing
massage/bodywork therapy:
(1) pay a renewal fee in the amount, at the time, and in the
manner as the department provides in regulation;
(2) submit evidence of compliance with continuing education
requirements prescribed by the department in accordance with Section
40-30-190.
A massage/bodywork therapist's license may be renewed in inactive
status if the massage/bodywork therapist fails to timely comply with the
continuing education requirements provided for in this subsection and
only may be reactivated upon application and payment of any fees and
after having met any additional requirements which the department may
establish in regulation including, but not limited to, continuing education
requirements.
(B) A license which has been inactive for more than four years
automatically expires if the person has not made application for
reactivation of the license. An expired license is null and void without
any further action by the department."
Controlling procedures for injunctive relief
SECTION 7. Section 40-30-220(B) of the 1976 Code, as added
by Act 387 of 1996, is amended to read:
"(B) In accordance with the Administrative Procedures Act, the
disciplinary panel or the department also may seek from an administrative
law judge other equitable relief to enjoin the violation or intended
violation of this chapter or a regulation promulgated under this chapter."
Jurisdiction over actions for injunctive relief
SECTION 8. Section 40-30-310(B) of the 1976 Code, as added
by Act 387 of 1996, is amended to read:
"(B) The department may institute civil action through the
Administrative Law Judge Division, in the name of the State, for
injunctive relief against any person violating the provisions of this chapter
or the regulations or orders of the department or disciplinary panel. For
each violation, the court may in its discretion, impose a fine of no
more than one thousand dollars."
Grandfather provisions
SECTION 9. Section 2 of Act 387 of 1996 is amended to read:
"Section 2. Notwithstanding Section 40-30-110 of the 1976 Code,
as added by Section 1 of this act, if an applicant for licensure as a
massage/bodywork therapist does not meet the approved educational
requirements and/or has not passed the National Certification Exam or
any other national examination for massage/bodywork therapy that meets
the requirements of this chapter and has been certified by the National
Commission for Certifying Agencies, at the time this act goes into effect,
then for a period of one year after the effective date of this act, the
department permanently may waive the educational and examination
requirements and allow a provisional license to be issued for a period of
one year if the applicant:
(a) was practicing in the State on or before June 4, 1997;
(b) provides documentation of at least one hundred twenty-five
hours of massage/bodywork experience and/or training within a one-year
period before application is made must be provided to the department in
the manner and form as the department may require; and
(c) submits three letters of reference from sources approved by the
department attesting to the professional qualifications and competence of
the applicant.
If within one year after the provisional license is issued, the applicant
submits evidence of compliance with continuing education requirements
prescribed by the department in accordance with Section 40-30-190, a
nonprovisional renewal license may be issued."
Credentials for initial panel appointees
SECTION 10. The professional members initially appointed to the
advisory panel authorized in Section 40-30-40 of the 1976 Code and to
the disciplinary panel authorized in Section 40-30-65 of the 1976 Code
may serve without being licensed to practice massage/bodywork therapy
in South Carolina at the time of the appointments if these members meet
the other qualifications prescribed; however, these members must obtain
a license to practice massage/bodywork therapy in South Carolina before
January 1, 1998. If a member initially appointed to the advisory panel or
disciplinary panel does not obtain a South Carolina license for the practice
of massage/bodywork therapy before January 1, 1998, the appointment is
vacated, and another member must be appointed to fill the vacancy.
Chapter application
SECTION 11. Notwithstanding the provisions of Title 40, Chapter
30 of the 1976 Code, as amended by this act, until June 4, 1998, Title 40,
Chapter 30 applies only to persons licensed to practice
massage/bodywork.
Time effective
SECTION 12. This act takes effect June 4, 1997.
In the Senate House
_________________________________________.
_____________________________________________
President of the Senate
_____________________________________________
Speaker of the House of Representatives
Approved the ____________ day of ________________________,
1997.
_____________________________________________
Governor
Printer's Date -- June 4, 1997 -- S.
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