Current Status Introducing Body:Senate Bill Number:1114 Primary Sponsor:Drummond Committee Number:06 Type of Legislation:GB Subject:Opticianry Examiners Board Residing Body:Senate Current Committee:Finance Companion Bill Number:4632 Computer Document Number:CYY/15590AC.94 Introduced Date:19940202 Last History Body:Senate Last History Date:19940202 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Drummond Washington Peeler Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1114 Senate 19940202 Introduced, read first time, 06
referred to Committee
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TO AMEND SECTION 12-36-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALES", SO AS TO EXCLUDE SALES OF CORRECTIVE LENSES AND EYEGLASS FRAMES TO CERTAIN MEDICAL INSTITUTIONS; TO AMEND SECTION 40-38-130, AS AMENDED, RELATING TO EXAMINATIONS FOR LICENSURE AS AN OPTICIAN, SO AS TO REQUIRE THAT EXAMINATIONS DEVELOPED BY THE BOARD MUST MEET PROFESSIONAL TESTING STANDARDS; AND TO AMEND SECTION 40-38-210, RELATING TO COMPLAINTS FILED AGAINST OPTICIANS, SO AS TO PROHIBIT THE BOARD FROM REQUIRING A COMPLAINANT TO ASSIST IN SUBSEQUENT PROCEEDINGS AS A CONDITION OF ACTING ON THE COMPLAINT, AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTICIANRY FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-36-110(i) of the 1976 Code is amended to read:
"(i) sales of drugs, prosthetic devices, and other supplies, excluding corrective lenses and eyeglass frames, to hospitals, infirmaries, sanitariums, nursing homes, and similar institutions, medical doctors, dentists, optometrists, and veterinarians, if furnished to their patients as a part of the service rendered. These institutions, companies, and professionals are deemed to be the users or consumers of the property;"
SECTION 2. Section 40-38-130 of the 1976 Code, as last amended by Act 528 of 1988, is further amended to read:
"Section 40-38-130. (A) Every An applicant for examination shall pass the opticianry competency examination prepared by the American Board of Opticianry or, if that examination is not available, the board shall prepare an opticianry competency examination. Examinations in dispensing and other practical areas of opticianry as defined provided for in Section 40-38-10 may be conducted by the board. The board may not require an examination that is substantially duplicative of the national examination if the national examination is available.
(B) An optician or applicant for licensure shall successfully shall complete a written qualifying contact lens examination prepared by the National Committee of Contact Lens Examination or, if that examination is not available, an equivalent examination prepared by the board before the optician is eligible to dispense contact lens.
(C) The board shall ensure that board developed examinations meet professional testing standards."
SECTION 3. Section 40-38-210 of the 1976 Code is amended to read:
"Section 40-38-210. (A) The board shall receive complaints by any person against a licensed optician and shall require a complaint to be submitted in written form. Upon receipt of the a complaint, the secretary or such other person as the president may designate shall investigate the allegations in the complaint and make a report to the board concerning his the investigation. If the board shall then desire to proceed proceeds further, it may, in its discretion, file a formal accusation charging the optician with a violation of a provision of this chapter. The accusation shall must be signed by the president or the vice president on behalf of the board. When the accusation is filed and the board shall set sets a date for hearing thereon, the secretary of the board shall notify the accused in writing not less than thirty days prior to before the hearing and a copy of the accusation shall must be attached to the notice. The accused may appear and show cause why his license should not be suspended or revoked. The accused shall have has the right to be confronted with and to cross-examine the witnesses against him and he shall have has the right to counsel. For the purposes of such these hearings, the board may require by subpoena the attendance of witnesses, and the production of documents, and may administer oaths and hear testimony, either oral or documentary, for and against the accused. In instances where a board member has made the initial investigation or complaint, he the board member shall not sit with the board at the hearing of such that complaint.
(B) Such notice Notice required by subsection (A) may be sent to the accused by registered certified mail, return receipt requested, directed to his the last mailing address furnished to the board. The post office registration receipt signed by the accused, his the accused's agent, or a responsible member of his the accused's household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused shall be is prima facie evidence of service of such the notice.
(C) All investigations and proceedings undertaken under the provisions of this chapter shall be are confidential.
(D) Every communication, whether oral or written, made by or on behalf of any a complainant to the board or its agents or any to a hearing panel or member thereof of a hearing panel, pursuant to this chapter, whether by way of complaint or testimony, shall be is privileged; and no action or proceeding, civil or criminal, shall lie may be brought against any a person by whom or on whose behalf such the communication shall have been was made.
(E) The board may not require a person submitting a complaint to assist the board in subsequent administrative or court proceedings involving the complaint as a condition to acting on the complaint."
SECTION 4. In accordance with Section 1-20-60 of the 1976 Code, the existence of the South Carolina Board of Examiners in Opticianry is reauthorized for six years.
SECTION 5. This act takes effect upon approval by the Governor.