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Bill Number: 396 Ratification Number: 128 Act Number 90 Introducing Body: Senate Subject: State Board of Physical Therapy Examiners
(A90, R128, S396)
AN ACT TO AMEND SECTION 40-45-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS, SO AS TO PROVIDE THAT COMPLAINTS MADE TO THE BOARD ARE PRIVILEGED UNTIL THE BOARD VOTES OTHERWISE AND PROHIBIT ACTIONS OR PROCEEDINGS AGAINST ANY PERSON WHO MAKES A COMPLAINT UNLESS IT WAS MADE WITH MALICIOUS INTENT.
Be it enacted by the General Assembly of the State of South Carolina:
Complaints to the State Board of Physical Therapy Examiners
SECTION 1. Section 40-45-250 of the 1976 Code is amended to read:
"Section 40-45-250. The Board shall investigate every supposed violation of this chapter coming to its notice and shall report to the proper solicitor all cases that, in the judgment of the Board, warrant prosecution. Every police officer, sheriff, and peace officer shall investigate every supposed violation of this chapter that comes to his notice or of which he has received complaint and apprehend and arrest all violators. It is the duty of the Attorney General and of solicitors to prosecute violations of this chapter.
Complaints made to the Board are privileged and remain confidential until the time the Board votes to make the matter public. No action or proceeding may lie against any person who makes a complaint unless it is shown that it was made with malicious intent."
SECTION 2. This act takes effect upon approval by the Governor.