S*196 Session 104 (1981-1982)
S*0196(Rat #0147, Act #0099 of 1981) General Bill, By Drummond, R.C. Lake,
Saleeby and T.D. Wise
Similar(H 2396)
A Bill to reaurthorize the existence of the South Carolina Board of
Chiropractic Examiners; to amend Section 40-9-30, as amended, Code of Laws of
South Carolina, 1976, relating to the South Carolina Board of Chiropractic
Examiners, so as to change the method of appointment of members of the Board
and their qualifications; to provide for terms and removal of members of the
Board; to provide for meetings of the Board, its organization and rules and
regulations to provide for its government and judging the professional and
ethical competence of chiropractors and their discipline; to provide for the
filling of vacancies; to limit the number of terms a member may serve; to
reduce from thirty to ten days the time required before a Board decision to
revoke, suspend or otherwise restrict or discipline a licensee takes effect;
to provide that the Board may certify applicants for licenses as to their
ability and degree of their practice of chiropractic; to provide that the
nonchiropractic member of the Board shall not participate in the examination
of any license applicant on matters of technical or professional nature and
require the use of the National Board Examination of the National Board of
Chiropractic Examiners in lieu of the State Examination for persons graduating
from approved chiropractic colleges after July 1, 1982; and to amend the 1976
Code by adding Section 40-9-31 so as to provide a procedure for the
revocation, suspension or restricting a license or disciplining a licensee and
for appeals and to change from thirty days to ten days the time required to
petition for appeal.-at
02/12/81 Senate Introduced and read first time SJ-9
02/12/81 Senate Referred to Committee on Medical Affairs SJ-9
04/28/81 Senate Committee report: Favorable with amendment
Medical Affairs SJ-19
04/28/81 Senate Amended SJ-66
04/28/81 Senate Read second time SJ-66
04/29/81 Senate Amended SJ-11
04/29/81 Senate Read third time and sent to House SJ-11
04/30/81 House Introduced and read first time HJ-2151
04/30/81 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-2151
05/13/81 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-2349
05/20/81 House Debate adjourned HJ-2505
05/21/81 House Amended HJ-2626
05/21/81 House Read second time HJ-2628
05/26/81 House Read third time HJ-2652
05/26/81 House Returned HJ-2652
05/28/81 Senate Concurred in House amendment and enrolled SJ-5
06/10/81 Senate Ratified R 147 SJ-6
06/12/81 Signed By Governor
06/12/81 Effective date 06/12/81
06/12/81 Act No. 99
06/25/81 Copies available
(A99, R147, S196)
AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF CHIROPRACTIC
EXAMINERS; TO AMEND SECTION 40-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS, SO AS TO
CHANGE THE METHOD OF APPOINTMENT OF MEMBERS OF THE BOARD AND THEIR
QUALIFICATIONS; TO PROVIDE FOR TERMS AND REMOVAL OF MEMBERS OF THE BOARD; TO
PROVIDE FOR MEETINGS OF THE BOARD, ITS ORGANIZATION AND RULES AND REGULATIONS TO
PROVIDE FOR ITS GOVERNMENT AND JUDGING THE PROFESSIONAL AND ETHICAL COMPETENCE
OF CHIROPRACTORS AND THEIR DISCIPLINE; TO PROVIDE FOR THE FILLING OF VACANCIES;
TO LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE; TO REDUCE FROM THIRTY TO TEN
DAYS THE TIME REQUIRED BEFORE A BOARD DECISION TO REVOKE, SUSPEND OR OTHERWISE
RESTRICT OR DISCIPLINE A LICENSEE TAKES EFFECT; TO PROVIDE THAT THE BOARD MAY
CERTIFY APPLICANTS FOR LICENSES AS TO THEIR ABILITY AND DEGREE OF THEIR PRACTICE
OF CHIROPRACTIC; TO PROVIDE THAT THE NONCHIROPRACTIC MEMBER OF THE BOARD SHALL
NOT PARTICIPATE IN THE EXAMINATION OF ANY LICENSE APPLICANT ON MATTERS OF
TECHNICAL OR PROFESSIONAL NATURE AND REQUIRE THE USE OF THE NATIONAL BOARD
EXAMINATION OF THE NATIONAL BOARD OF CHIROPRACTIC EXAMINERS IN LIEU OF THE STATE
EXAMINATION FOR PERSONS GRADUATING FROM APPROVED CHIROPRACTIC COLLEGES AFTER JULY
1,1982; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-9-31 SO AS TO PROVIDE A
PROCEDURE FOR THE REVOCATION, SUSPENSION OR RESTRICTING A LICENSE OR DISCIPLINING
A LICENSEE AND FOR APPEALS AND TO CHANGE FROM THIRTY DAYS TO TEN DAYS THE TIME
REQUIRED TO PETITION FOR APPEAL.
Be it enacted by the General Assembly of the State of South Carolina:
Board reauthorized
SECTION 1. In accordance with the provisions of Section 7 of Act 608 of 1978,
the existence of the South Carolina Board of Chiropractic Examiners is
reauthorized for six years as provided in such section.
S. C. Board of Chiropractic Examiners
SECTION 2. The first three paragraphs of Section 40-9-30 of the 1976 Code, as
last amended by Act 351 of 1980, are further amended to read:
"There is hereby created the South Carolina Board of Chiropractic
Examiners consisting of eight members. One licensed chiropractor shall be
appointed by the Governor from each congressional district who shall be a
licensed and practicing chiropractor residing and practicing in the district he
represents. The Board shall certify in writing to the Governor the names of the
two nominees who shall have received the highest number of votes in the subject
district's election. The Governor may reject any or all of the nominees upon
satisfactory showing as to the unfitness of those rejected. If the Governor
declines to appoint any of such nominees so submitted, additional nominees shall
be submitted in the same manner. One member of the Board, who shall be a licensed
and practicing chiropractor shall be appointed by the Governor at large from the
State, and one member shall be appointed by the Governor who shall not be a
member of the chiropractic or medical profession. The conduct of the balloting
for the nominees for the Board from the respective congressional districts shall
be the responsibility of the Board of Chiropractic Examiners. Each Chiropractic
member shall have been a regularly licensed and practicing chiropractor in South
Carolina in good standing for a period of five years preceding the date of his
appointment. The members of the Board shall serve staggered terms with the
members from the first, third and fifth district and the one member-at-large who
is not from the chiropractic or medical profession serving a two-year term, and
all others serving a four-year term. All terms will be for four years after the
initial Board is appointed. The Governor may remove any member of the Board who
has been guilty of continued neglect of his duties, guilty of a misdemeanor, a
felony or who is found to be incompetent. No member shall be removed without
first giving him an opportunity to refute the charges filed against him. He shall
be given a copy of the charges at the time they are filed.
The South Carolina Board of Chiropractic Examiners shall meet at least twice
a year at such time and place as determined by the Board. The Board shall hold
elections for its officers each year. The Board may call additional meetings when
necessary for the transaction of board business. The Board shall adopt rules and
regulations for its government, and for judging the professional and ethical
competence of chiropractors including the code of chiropractic ethics, and for
the discipline of chiropractors. A majority of the Board shall constitute a
quorum for the transaction of business."
When revocations or suspensions shall take effect
SECTION 3. The last paragraph of Section 40-9-30 of the 1976 Code, as last
amended by Act 307 of 1980, is further amended to read:
"A decision of the Board to revoke, suspend or otherwise restrict a
license or to limit or otherwise discipline a licensee or one who is found to be
practicing chiropractic in noncompliance with this chapter shall not become
effective until the tenth day following the date of delivery to the licensee of
a written copy of the decision. Service of a petition for a review of the
decision shall stay the board's decision pending completion of the appellate
process."
Not to affect present members
SECTION 4. The present members of the South Carolina Board of Chiropractic
Examiners (Board) shall continue to serve until the expiration of their terms or
until their successors are appointed as provided for in this section.
Vacancies
SECTION 5. Vacancies on the Board shall be filled in the manner of the original
appointment for the unexpired term.
Members to serve two terms only
SECTION 6. 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.
Powers and duties
SECTION 7. Subitem (8) of item 4 of Section 40-9-30, added by Act 307 of 1980,
is amended to read:
"(8) examine, license and renew the licenses of qualified applicants, and
certify applicants as to their ability and as to the degree of their practice of
chiropractic as authorized under the laws of this State; provided, however, that
the non-chiropractic member of the Board shall not participate in the examination
of any license applicant on matters of technical or professional nature;
provided, further, that the Board shall use the National Board Examination of the
National Board of Chiropractic Examiners in lieu of the state written examination
for persons graduating from an approved chiropractic college pursuant to Section
40-9-40 after July 1, 1982."
Procedures for revocations or suspensions
SECTION 8. The 1976 Code is amended by adding:
"Section 40-9-31. Any action of the Board relating to the revocation or
suspension of a license, or other action restricting a license or otherwise
disciplining a licensee shall be taken only after a written complaint of
misconduct has been filed with the Board in accordance with regulations
promulgated by the Board. After such complaint, a closed hearing shall 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 his 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 his counsel shall have the right to appear before the Board
at such 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
shall also have 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 forthwith notify the complainant and the
licensee and his counsel of such action. A decision of the Board to revoke,
suspend or otherwise restrict a license or to limit or otherwise discipline
persons engaging in the practice of chiropractic shall require a majority vote
of the membership of the Board. The board's decision shall be subject to appeal
to the circuit court, which shall hear the matter de novo upon petition filed by
the licensee with the court 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 otherwise restrict a license or to
limit or otherwise discipline a licensee or one who is found to be practicing
chiropractic in noncompliance with this chapter shall not become effective until
the tenth day following the date of delivery to the licensee of a written copy
of the decision. Service of a petition for a review of the decision shall stay
the board's decision pending completion of the appellate process."
Time effective
SECTION 9. This act shall take effect upon approval by the Governor. |