S*0033(Rat #0103, Act #0058 of 1999)  General Bill, By Moore, O'Dell, Elliott, 
Giese, Rankin, Washington and Setzler
 A BILL TO AMEND SECTION 40-47-211 CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO INCREASE THE NUMBER
 OF MEMBERS OF THE MEDICAL DISCIPLINARY COMMISSION TO THIRTY-SIX MEMBERS, TO
 REVISE THE PROCEDURES WHEREBY MEMBERS ARE SELECTED INCLUDING A REQUIREMENT
 THAT AT-LARGE MEMBERS TO BE CURRENTLY LICENSED AND ACTIVELY PRACTICING
 MEDICINE IN SOUTH CAROLINA, TO ALLOW THE BOARD TO APPOINT PAST COMMISSIONERS
 TO HEAR COMPLAINTS IN INDIVIDUAL CASES, AND TO REVISE COMPLAINT
 PROCEDURES.-AMENDED TITLE

   11/18/98  Senate Prefiled
   11/18/98  Senate Referred to Committee on Medical Affairs
   01/12/99  Senate Introduced and read first time SJ-21
   01/12/99  Senate Referred to Committee on Medical Affairs SJ-21
   04/15/99  Senate Committee report: Favorable Medical Affairs SJ-14
   04/20/99  Senate Read second time SJ-25
   04/21/99  Senate Read third time and sent to House SJ-20
   04/22/99  House  Introduced and read first time HJ-19
   04/22/99  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-19
   05/26/99  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-38
   06/01/99  House  Read second time HJ-50
   06/02/99  House  Read third time and enrolled HJ-9
   06/09/99         Ratified R 103
   06/11/99         Signed By Governor
   06/11/99         Effective date 06/11/99
   07/28/99         Copies available
   07/28/99         Act No. 58

AN ACT TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO INCREASE THE NUMBER OF MEMBERS OF THE MEDICAL DISCIPLINARY COMMISSION TO THIRTY-SIX MEMBERS, TO REVISE THE PROCEDURES WHEREBY MEMBERS ARE SELECTED INCLUDING A REQUIREMENT THAT AT-LARGE MEMBERS TO BE CURRENTLY LICENSED AND ACTIVELY PRACTICING MEDICINE IN SOUTH CAROLINA, TO ALLOW THE BOARD TO APPOINT PAST COMMISSIONERS TO HEAR COMPLAINTS IN INDIVIDUAL CASES, AND TO REVISE COMPLAINT PROCEDURES.

Be it enacted by the General Assembly of the State of South Carolina:

Medical Disciplinary Commission composition, election procedures

SECTION 1. Section 40-47-211 of the 1976 Code is amended to read:

"Section 40-47-211. There is created the Medical Disciplinary Commission of the State Board of Medical Examiners to be composed of thirty-six members. The members of the commission must be licensed physicians practicing their profession, and five commissioners must be elected from each of the six congressional districts, and six members of the commission must be elected at large from across the State. The board shall conduct the elections, and the elections shall provide for participation by any physician currently licensed and actively practicing medicine in South Carolina and residing in the congressional district in which the election is held. At-large members must be currently licensed and actively practicing medicine in South Carolina and must reside within the State at the time of election and throughout their term. One commissioner initially elected from each district shall serve for a term of one year and until his successor is elected and qualifies, one commissioner initially elected from each district shall serve for a term of two years and until his successor is elected and qualifies, and one commissioner initially elected from each district shall serve for a term of three years and until his successor is elected and qualifies. The successors of the initial commissioners shall serve for terms of three years or until their successors are elected and qualify. The members of the commission are limited to three terms. The members appointed to the board may not simultaneously serve as a commissioner. In case of any vacancy by way of death, resignation, or otherwise, the board shall appoint a successor to serve for the unexpired term. Where justice, fairness, or other circumstances so require, the board may appoint past commissioners to hear complaints in individual cases.

The commission is empowered to investigate and hear those complaints against physicians (medical and osteopathic) filed with the board pursuant to Section 40-47-200. The hearing must be conducted in accordance with Act 176 of 1977 (Administrative Procedures Act) and with regulations promulgated by the board and must be before a panel composed of at least three commissioners designated by the board. The panel is empowered to hear the matters complained of and to make findings of fact and recommendations as to disposition of those matters to the board. The panel shall make a certified report of the proceedings before it, including its findings of fact, conclusions, and recommendations, which must be filed together with a transcript of the testimony taken and exhibits as may have been in evidence before it with the administrator of the board, and a copy of the report must be delivered to the office of general counsel and the licensee or his counsel."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.