South Carolina General Assembly
107th Session, 1987-1988

Bill 703

                    Current Status

Bill Number:               703
Ratification Number:       326
Act Number                 315
Introducing Body:          Senate
Subject:                   Disciplinary action against physicians,
                           surgeons, and osteopaths
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A315, R326, S703)

AN ACT TO AMEND SECTION 40-47-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY ACTION AGAINST PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR A LICENSEE'S RIGHT TO JUDICIAL REVIEW OF DISCIPLINARY ACTION, PROVIDE FOR THE APPEAL TO BE CONSIDERED AN EMERGENCY AND TO TAKE PRECEDENCE ON THE CIRCUIT COURT'S CALENDAR, PROVIDE THAT THE APPEAL SHOULD BE HEARD NOT LATER THAN THIRTY DAYS FROM THE DATE THE PETITION IS FILED, DELETE THE PROVISIONS RELATING TO THE EFFECTIVE DATE OF ANY DECISION TO RESTRICT A LICENSE OR DISCIPLINE A LICENSEE AND PROVIDE FOR A PETITION FOR COURT REVIEW NOT TO ACT AS A SUPERSEDEAS, AND LIMIT THE GRANTING OF A STAY OR SUPERSEDEAS.

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

Appeals from suspension or revocation of a license and other disciplinary action

SECTION 1. The fifth and sixth paragraphs of Section 40-47-200 of the 1976 Code are respectively amended to read:

"Any decision by the board to revoke, suspend, or otherwise restrict a license or to limit or otherwise discipline a licensee must be by majority vote of the total membership of the board. Any licensee against whom disciplinary action is taken pursuant to the provisions of this article has the right to judicial review. Any disciplinary action is subJect to review by the circuit court upon petition filed by the licensee with the court and a copy of the petition served upon the secretary of the board within thirty days from the date of delivery of the board's decision to the licensee. An appeal taken to the circuit court has precedence on the court's calendar, is considered an emergency appeal if the board has revoked, suspended, or otherwise restricted a license for more than six months, and should be heard not later than thirty days from the date the petition is filed. The review is limited to the record established by the board hearing.

No stay or supersedeas may be granted pending appeal from a decision by the board to revoke, suspend, or otherwise restrict a license for more than six months."

Time effective

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