South Carolina General Assembly
109th Session, 1991-1992

Bill 1428


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    1428
Primary Sponsor:                Cork
Committee Number:               13
Type of Legislation:            GB
Subject:                        Doctors, retired; special license
                                provisions
Residing Body:                  Senate
Current Committee:              Medical Affairs
Companion Bill Number:          4736
Computer Document Number:       BBM/9851.JM
Introduced Date:                Mar 25, 1992
Last History Body:              Senate
Last History Date:              Mar 25, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Cork
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1428  Senate  Mar 25, 1992  Introduced, read first time,    13
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-245 SO AS TO AUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS TO ISSUE A SPECIAL LICENSE TO QUALIFYING DOCTORS OF MEDICINE WHO ARE RETIRED, MEET CERTAIN LICENSING QUALIFICATIONS, ARE EMPLOYED BY PUBLIC AGENCIES OR INSTITUTIONS OR NOT-FOR-PROFIT ENTITIES WHICH PROVIDE MEDICAL SERVICES ONLY TO INDIGENT PATIENTS IN MEDICALLY UNDERSERVED OR CRITICAL-NEED AREAS, AND WHO AGREE TO FOREGO MONETARY COMPENSATION FOR THE PROVISION OF SUCH SERVICES, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS AND FOR RELATED MATTERS.

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

SECTION 1. Article 1, Chapter 47, Title 40 of the 1976 Code is amended by adding:

"Section 40-47-245. Notwithstanding any other provision of law, the board shall issue a special license to qualifying doctors of medicine under the terms and conditions set forth in this section. The special license shall be issued to a doctor of medicine who (1) is retired from the practice of medicine and (2)(a) has maintained full licensure in good standing in any medical-licensing jurisdiction in the United States for at least ten years or (b) has at least ten years of medical service in good standing in one or more of the branches of the United States Armed Services.

The special licensee shall be permitted to practice only in the employ of public agencies or institutions or not-for-profit agencies, institutions, corporations, or associations which provide medical services only to indigent patients in medically underserved or critical-need population areas of the State.

The person applying for the special license under this section shall submit to the board a copy of his medical degree, a copy of his license in his previous licensing and regulating jurisdiction or copy of his medical license or the equivalent from the United States government while in military service, and a notarized statement from the employing agency, institution, corporation, or association, on a form prescribed by the board, whereby he agrees unequivocally not to receive monetary compensation for any medical services he may render while in possession of the special license.

The standard examination, any application fees, and all licensure and renewal fees must be waived for the holder of the special license under this section and do not apply to such person.

A person issued the special license under the terms and conditions of this section shall not be subject to any suit, action, or proceeding for medical or professional malpractice while in the performance of duties or activities directly related to the practice of medicine as a special licensee under this section.

The special license shall be valid for a period of three years and may be renewed upon application by the holder thereof.

Nothing contained in this section shall be construed to authorize the holder of the special license provided for in this section to perform surgery or any surgical procedure.

The board, after consultation with the State Department of Health and Environmental Control, shall promulgate regulations for the enforcement and administration of the provisions of this section."

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

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