Current Status Introducing Body:Senate Bill Number:1121 Primary Sponsor:Drummond Committee Number:13 Type of Legislation:GB Subject:Podiatry Examiners Board Residing Body:Senate Current Committee:Medical Affairs Companion Bill Number:4631 Computer Document Number:CYY/15591AC.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 Patterson Leventis Peeler J. Verne Smith Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1121 Senate 19940202 Introduced, read first time, 13
referred to Committee
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TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REPEAL SECTION 40-51-150, RELATING TO GROUNDS FOR REVOCATION OF LICENSES; AND TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-51-80 of the 1976 Code is amended to read:
"Section 40-51-80. For the purposes of examination the board shall use the National Board of Podiatry Examination and such other practical or oral examination examinations as the board deems considers necessary. The board shall offer the required examinations at least twice annually. Each A successful applicant if he who has completed all requirements shall be is eligible for a certificate to practice podiatric medicine."
SECTION 2. Section 40-51-110 of the 1976 Code is amended to read:
"Section 40-51-110. (A) Upon payment of a fee to be determined by regulation of the board, a license may be issued to podiatrists a podiatrist or chiropodists a chiropodist removing moving to this State from other states a state maintaining requirements for the practice of podiatry or chiropody equal to the standard in this State and extending the same reciprocal privileges to podiatrists or chiropodists in this State. Any A podiatrist or chiropodist who has been practicing his profession in any a state for a period of one year or more, who has been duly licensed by a state board, and who has enjoyed during such that time good professional repute, may upon presentation of proper credentials may be issued a license without examination.
(B) The board may also grant a license without an examination to a person residing or employed in the State who at the time of application is licensed or certified by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this chapter or who has been practicing podiatry in another state and has qualifications not lower than those required by this chapter."
SECTION 3. Section 40-51-130 of the 1976 Code is amended to read:
"Section 40-51-130. Every A license shall must be conspicuously displayed at the place of practice and must be recorded in the office of the clerk of court of each county wherein the licensee practices issued under this chapter within thirty days of its issue."
SECTION 4. Section 40-51-160 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 40-51-160. (A) The State Board of Podiatry, if it has reason to believe grounds exist, shall notify a licensee not less than thirty days before a scheduled hearing of its intention to suspend or revoke the license of the licensee. The notice must specify the alleged grounds for suspension or revocation and offer the licensee reasonable opportunity to be heard in answer to the allegations. The decision to suspend or revoke the license must be by majority vote of the total membership of the board. Any A decision of the board to revoke or suspend a license is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.
(B) A decision to suspend or revoke a license by the board is effective upon delivery of a copy of the decision to the licensee, and a petition for review by an administrative law judge is not a supersedeas. The grounds for revocation or suspension of a license are a satisfactory showing to the board of any of the following that:
(1) that any a false, fraudulent, or forged statement or document has been used or any a fraudulent, deceitful, or dishonest act has been practiced by the holder of a license in connection with any of the a licensing requirements requirement;
(2) that the holder of a license has been convicted of a felony or any other crime involving moral turpitude, drugs, or gross immorality;
(3) that the holder of a license is addicted to alcohol or drugs to such a degree as to render the podiatrist unfit to practice podiatry;
(4) that the holder of a license has been convicted of the illegal or unauthorized practice of podiatry;
(5) that the holder of a license has knowingly performed any an act which in any way assists an unlicensed person to practice podiatry;
(6) that the holder of a license has sustained any a physical or mental disability which renders further practice by the podiatrist dangerous to the public;
(7) that the holder of a license has engaged in advertising for the practice of podiatry in a manner that is deceptive or untruthful;
(8) that the holder of a license is guilty of the performance of any dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;
(9) that the holder of a license is guilty of the use of any a false or fraudulent statement in any a document connected with the practice of podiatry;
(10) that the holder of a license is guilty of obtaining fees or assisting in obtaining fees under dishonorable, false, or fraudulent circumstances; or
(11) that the holder of a license has violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation, or conspiring to violate, any provisions a provision or terms term of the podiatry practice laws.
(C) In addition to all other remedies and actions incorporated in this article chapter, the license of any a person adjudged mentally incompetent by any a court of competent jurisdiction is automatically suspended by the board until he the person is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
(D) In enforcing subsections (B)(3) and (6) the board upon reasonable grounds may require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under any other provision of law. A person who accepts the privilege of practicing podiatry in this State or who files an application for a license to practice podiatry in this State is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds of a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing medicine under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of podiatry with reasonable skill and safety to patients.
(E) In enforcing subsections (B)(3) and (6) the board upon reasonable grounds may obtain records relating to the mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records; and these records are admissible in a hearing before the board, notwithstanding any other provision of law. A person who accepts the privilege of practicing podiatry in this State or who files an application to practice podiatry in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds of a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing podiatry under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of medicine with reasonable skill and safety to patients."
SECTION 5. Section 44-7-70 of the 1976 Code is amended to read:
"Section 44-7-70. (A) The medical staff chief or medical director of every a health care facility, as defined in Section 44-7-130, shall report in writing to the State Board of Medical Examiners or the Board of Podiatry Examiners the results of, and the circumstances concerning, any an action resulting in the revocation or suspension of, or other limitation upon, a physician's or podiatrist's privileges to practice in that health care facility. This report is not required in the case of any of the following:
(1) a nondisciplinary resignation by the physician or podiatrist; however, any a resignation occurring after an incident or occurrence which could result in the revocation or suspension of, or other limitation upon, the physician's or podiatrist's privileges must be reported;
(2) a minor disciplinary action regarding the physician's or podiatrist's privileges in that health care facility when the action taken does not involve the revocation or suspension of, or other limitation upon, the physician's or podiatrist's privileges to practice there;
(3) a disciplinary action resulting from the physician's or podiatrist's failure to meet recordkeeping standards;
(4) a disciplinary action resulting from the physician's or podiatrist's failure to attend meetings; or
(5) other disciplinary actions as defined by regulation promulgated by the State Board of Medical Examiners or the Board of Podiatry Examiners.
(B) Any A person making the report required by this section is immune from criminal and civil liability in making the report, if the report is made in good faith and without malice."
SECTION 6. Section 40-51-150 of the 1976 Code is repealed.
SECTION 7. In accordance with Section 1-20-60 of the 1976 Code, the existence of the Board of Podiatry Examiners is reauthorized for six years.
SECTION 8. This act takes effect upon approval by the Governor.