H*3307 Session 111 (1995-1996)
H*3307(Rat #0261, Act #0241 of 1996) General Bill, By J. Brown, Anderson,
J.M. Baxley, D.W. Beatty, Breeland, G. Brown, H. Brown, T. Brown, A.W. Byrd,
Cave, Clyburn, Cooper, Cotty, Dantzler, Davenport, Easterday, Fair, Fleming,
Govan, H.M. Hallman, Harrison, B.H. Harwell, Haskins, R.J. Herdklotz, J. Hines,
T.E. Huff, Inabinett, M.F. Jaskwhich, Jennings, Kelley, Kennedy, Kirsh, Klauber,
Knotts, Lanford, Law, L.H. Limbaugh, Littlejohn, Mason, McCraw, Moody-Lawrence,
J.H. Neal, Neilson, Phillips, Richardson, Riser, T.F. Rogers, Scott, Sharpe,
J.S. Shissias, Simrill, R. Smith, Spearman, Stille, Stuart, P.H. Thomas,
Townsend, Tripp, Vaughn, Walker, C.C. Wells, Whipper, L.S. Whipper, Wilder,
D. Williams, Witherspoon, D.A. Wright, W.J. Young and Young-Brickell
Similar(S 399)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
40-51-57 so as to require a post-podiatric medical formal preceptorship or
residency program and to authorize issuance of limited licenses while in such
program; to amend Section 40-51-30, as amended, relating to the Board of
Podiatry Examiners, so as to provide for the election of podiatric nominees to
the Board from districts created in the State and to provide election
procedures; to amend Section 40-51-40, relating to the Board's authority to
promulgate regulations, so as to include regulations establishing continuing
education requirements; to amend Section 40-51-80, relating to examination of
applicants for licensure, so as to expand the type of examinations that the
Board may administer and require examinations to be offered twice annually; to
amend Section 40-51-110, relating to reciprocal licensure and licensure by
endorsement, so as to delete provisions relating to licensure by endorsement;
to amend Section 40-51-130, relating to display and recording of licenses, so
as to delete provisions requiring recording of a license within the county
clerk of court; to amend Section 40-51-140, relating to license renewal fees,
so as to require the Board to establish this fee in regulations and to require
twelve hours of continuing education for renewal and penalties for failure to
comply; to amend Section 40-51-160, relating to disciplinary procedures and
grounds for discipline, so as to revise the threshold for initiating these
procedures and under certain circumstances to require a licensee or applicant
to submit to a mental or physical examination and to authorize the Board to
obtain records; to amend Section 44-7-70, relating to health care facilities
reporting to the State Board of Medical Examiners the results of actions taken
against a physician's practice privileges, so as to also require such
reporting on podiatrists to the Board of Podiatry Examiners; and to repeal
Section 40-51-90, relating to passing scores on podiatry examinations.-amended
title
01/18/95 House Introduced, read first time, placed on calendar
without reference HJ-24
01/24/95 House Amended HJ-19
01/24/95 House Read second time HJ-20
01/25/95 House Read third time and sent to Senate HJ-26
01/31/95 Senate Introduced and read first time SJ-8
01/31/95 Senate Referred to Committee on Medical Affairs SJ-8
05/24/95 Senate Committee report: Favorable with amendment
Medical Affairs SJ-22
01/10/96 Senate Amended SJ-28
01/10/96 Senate Read second time SJ-36
01/10/96 Senate Ordered to third reading with notice of
amendments SJ-36
01/11/96 Senate Amended SJ-10
01/11/96 Senate Read third time and returned to House with
amendments SJ-11
01/18/96 House Debate adjourned on Senate amendments until
Tuesday, February 6, 1996 HJ-13
02/06/96 House Debate adjourned on Senate amendments until
Tuesday, February 13, 1996 HJ-194
02/13/96 House Senate amendment amended HJ-30
02/13/96 House Returned to Senate with amendments HJ-30
02/14/96 Senate Concurred in House amendment and enrolled SJ-20
02/29/96 Ratified R 261
03/07/96 Became law without Governor's signature
03/07/96 Effective date 03/07/96
03/13/96 Copies available
03/13/96 Act No. 241
(A241, R261, H3307)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 40-51-57 SO AS TO
REQUIRE A POST-PODIATRIC MEDICAL FORMAL
PRECEPTORSHIP OR RESIDENCY PROGRAM AND TO
AUTHORIZE ISSUANCE OF LIMITED LICENSES WHILE IN SUCH
PROGRAM; TO AMEND SECTION 40-51-30, AS AMENDED,
RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS
TO PROVIDE FOR THE ELECTION OF PODIATRIC NOMINEES TO
THE BOARD FROM DISTRICTS CREATED IN THE STATE AND
TO PROVIDE ELECTION PROCEDURES; TO AMEND SECTION
40-51-40, RELATING TO THE BOARD'S AUTHORITY TO
PROMULGATE REGULATIONS, SO AS TO INCLUDE
REGULATIONS ESTABLISHING CONTINUING EDUCATION
REQUIREMENTS; TO AMEND SECTION 40-51-80, RELATING TO
EXAMINATION OF APPLICANTS FOR LICENSURE, SO AS TO
EXPAND THE TYPE OF EXAMINATIONS THAT THE BOARD
MAY ADMINISTER AND REQUIRE EXAMINATIONS TO BE
OFFERED TWICE ANNUALLY; TO AMEND SECTION 40-51-110,
RELATING TO RECIPROCAL LICENSURE AND LICENSURE BY
ENDORSEMENT, SO AS TO DELETE PROVISIONS RELATING TO
LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130,
RELATING TO DISPLAY AND RECORDING OF LICENSES, SO AS
TO DELETE PROVISIONS REQUIRING RECORDING OF A
LICENSE WITHIN THE COUNTY CLERK OF COURT; TO AMEND
SECTION 40-51-140, RELATING TO LICENSE RENEWAL FEES, SO
AS TO REQUIRE THE BOARD TO ESTABLISH THIS FEE IN
REGULATIONS AND TO REQUIRE TWELVE HOURS OF
CONTINUING EDUCATION FOR RENEWAL AND PENALTIES FOR
FAILURE TO COMPLY; TO AMEND SECTION 40-51-160,
RELATING TO DISCIPLINARY PROCEDURES AND GROUNDS
FOR DISCIPLINE, SO AS TO REVISE THE THRESHOLD FOR
INITIATING THESE PROCEDURES AND UNDER CERTAIN
CIRCUMSTANCES TO REQUIRE A LICENSEE OR APPLICANT TO
SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION AND TO
AUTHORIZE THE BOARD TO OBTAIN RECORDS; TO AMEND
SECTION 44-7-70, RELATING TO HEALTH CARE FACILITIES
REPORTING TO THE STATE BOARD OF MEDICAL EXAMINERS
THE RESULTS OF ACTIONS TAKEN AGAINST A PHYSICIAN'S
PRACTICE PRIVILEGES, SO AS TO ALSO REQUIRE SUCH
REPORTING ON PODIATRISTS TO THE BOARD OF PODIATRY
EXAMINERS; AND TO REPEAL SECTION 40-51-90, RELATING TO
PASSING SCORES ON PODIATRY EXAMINATIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
Preceptorships and residency programs
SECTION 1. The 1976 Code is amended by adding:
"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."
Reconstitution and election of board nominees
SECTION 2. Section 40-51-30 of the 1976 Code, as last amended by
Act 28 of 1993, is further amended to read:
"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."
Continuing education
SECTION 3. Section 40-51-40 of the 1976 Code is amended to read:
"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."
Examination of applicants
SECTION 4. Section 40-51-80 of the 1976 Code is amended to read:
"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."
Deletion of licensure by endorsement
SECTION 5. Section 40-51-110 of the 1976 Code is amended to
read:
"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."
Deletion of requirement to record license with clerk of court
SECTION 6. Section 40-51-130 of the 1976 Code is amended to
read:
"Section 40-51-130. A license must be conspicuously displayed
at the place of practice within thirty days of its issue."
License renewal fees and continuing education
SECTION 7. Section 40-51-140 of the 1976 Code is amended to
read:
"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."
Disciplinary procedures; grounds for discipline; medical examinations
and records
SECTION 8. Section 40-51-160 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"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."
Reporting to medical board on physicians' privilege to practice in
health care facilities; reporting on podiatrists' practice privilege to be
included
SECTION 9. Section 44-7-70 of the 1976 Code is amended to read:
"Section 44-7-70. (A) The medical staff chief or medical
director of a health care facility, as defined in Section 44-7-130, shall
report in writing to the State Board of Medical Examiners the results of
and the circumstances concerning an action resulting in the revocation or
suspension of or other limitation upon, a physician's privileges to
practice in that health care facility. This report is not required in the
case of:
(1) a nondisciplinary resignation by the physician; however, a
resignation occurring after an incident or occurrence which could result
in the revocation or suspension of or other limitation upon the
physician's privileges must be reported;
(2) a minor disciplinary action regarding the physician's privileges
in that health care facility when the action taken does not involve the
revocation or suspension of or other limitation upon the physician's
privileges to practice there;
(3) a disciplinary action resulting from the physician's failure to
meet recordkeeping standards;
(4) a disciplinary action resulting from the physician's failure to
attend meetings; or
(5) other disciplinary actions as defined by regulation promulgated
by the State Board of Medical Examiners.
(B) The medical staff chief or medical director of a health care
facility, as defined in Section 44-7-130, shall report in writing to the
State Board of Medical Examiners and to the Board of Podiatry
Examiners the results of and the circumstances concerning an action
resulting in the revocation or suspension of or other limitation upon, a
podiatrist's privileges to practice in that health care facility. This report
is not required in the case of:
(1) a nondisciplinary resignation by the podiatrist; however, a
resignation occurring after an incident or occurrence which could result
in the revocation or suspension of or other limitation upon the
podiatrist's privileges must be reported;
(2) a minor disciplinary action regarding the podiatrist's privileges
in that health care facility when the action taken does not involve the
revocation or suspension of or other limitation upon the podiatrist's
privileges to practice there;
(3) a disciplinary action resulting from the podiatrist's failure to
meet recordkeeping standards;
(4) a disciplinary action resulting from the podiatrist's failure to
attend meetings; or
(5) other disciplinary actions as defined by regulation promulgated
by the Board of Podiatry Examiners.
(C) A person making a report required by this section is immune from
criminal and civil liability in making the report, if the report is made in
good faith and without malice."
Repeal
SECTION 10. Section 40-51-90 of the 1976 Code is repealed.
Time effective
SECTION 11. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 3/7/96. |