Current Status Introducing Body:
SenateBill Number: 259Ratification Number: 133Act Number: 76Primary Sponsor: DrummondType of Legislation: GBSubject: Medical Examiners BoardCompanion Bill Number: 3222Date Bill Passed both Bodies: 19930511Computer Document Number: 436/12795AC.93Governor's Action: SDate of Governor's Action: 19930524Introduced Date: 19930120Last History Body: ------Last History Date: 19930524Last History Type: Act No. 76Scope of Legislation: StatewideAll Sponsors: DrummondType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 259 ------ 19930524 Act No. 76 259 ------ 19930524 Signed by Governor 259 ------ 19930518 Ratified R 133 259 House 19930511 Read third time, enrolled for ratification 259 House 19930506 Read second time 259 House 19930428 Committee Report: Favorable 27 259 House 19930318 Introduced, read first time, 27 referred to Committee 259 Senate 19930317 Read third time, sent to House 259 Senate 19930316 Read second time 259 Senate 19930311 Committee Report: Favorable 13 259 Senate 19930120 Introduced, read first time, 13 referred to CommitteeView additional legislative information at the LPITS web site.
(A76, R133, S259)
AN ACT TO AMEND SECTION 40-47-50 AND SECTION 40-47-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAL AND OSTEOPATHY PHYSICIAN LICENSING, SO AS TO DELETE THE REQUIREMENT FOR GOOD MORAL CHARACTER AND SOBRIETY; TO AMEND SECTION 40-47-200, AS AMENDED, RELATING TO SUSPENSION AND REVOCATION OF LICENSES, SO AS TO PROVIDE THAT THE STATE BOARD OF MEDICAL EXAMINERS MAY REQUIRE A LICENSEE OR APPLICANT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION AND TO ALLOW THE PROVIDER TO OBTAIN MEDICAL RECORDS; TO REPEAL SECTION 40-47-220 RELATING TO DISPOSITION OF FEES AND INCOME; AND TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
Osteopathy definition; requirements for practice; use of title
SECTION 1. Section 40-47-50 of the 1976 Code is amended to read:
"Section 40-47-50. (A) `Osteopathy' is defined as a complete school of medicine and surgery utilizing all methods of diagnosis and treatment in health and disease and placing special emphasis on the interrelationship of the musculo-skeletal system to all other body systems.
(B) A person is eligible for examination before the board before or after completing a board-approved one-year internship if the person:
(1) holds a diploma from an osteopathic college approved by the American Osteopathic Association;
(2) gives evidence of completing at least three years' preprofessional education in an accredited college or university; and
(3) has attended an osteopathic college for four full courses of lectures of at least thirty-six weeks each or any combination of these courses aggregating one hundred and forty-four weeks.
A person who successfully passes the examination is eligible for a temporary certificate to practice osteopathy which is good for one year. At the end of one year, if the person has completed a one-year internship, the person is eligible for a certificate to practice osteopathy.
(C) Doctors of osteopathy shall use only the letters D.O. after their names when used in connection with their profession."
Prerequisites for examination
SECTION 2. Section 40-47-90 of the 1976 Code is amended to read:
"Section 40-47-90. No person is eligible to appear before the board for examination unless the person has given evidence of preliminary and medical education as may be prescribed by the board or as defined by law."
Suspension or revocation of licenses; grounds; procedures
SECTION 3. Section 40-47-200 of the 1976 Code, as last amended by Act 315 of 1988, is further amended to read:
"Section 40-47-200. (A) The State Board of Medical Examiners, if it has reason to believe grounds exist, may order the revocation or suspension of a license to practice medicine or osteopathy, publicly or privately reprimand the holder of a license to practice medicine or osteopathy, or take other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board or imposing restraint upon the medical or osteopathic practice of the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In addition to or in lieu of action taken by the board affecting the license of a licensee, when it is established that the individual has violated this chapter or any regulation promulgated by the board, the board may require the licensee to pay a civil penalty of up to ten thousand dollars to the board and the costs of the disciplinary action. All penalties must be remitted to the State Treasurer for deposit in a special fund from which the State Board of Medical Examiners must be reimbursed for administrative costs for each case upon the approval of the Budget and Control Board. At any time the special fund exceeds twenty thousand dollars, the excess funds must be remitted to the general fund. An action of the board relating to the revocation or suspension of a license or other action either restricting a license or limiting or disciplining a licensee may not be taken until after an initial complaint of misconduct, in writing, has been filed with the board in accordance with regulations promulgated by the board. In subsequently determining whether to approve the issuance of a formal complaint in accordance with regulations promulgated by the board, the board may consult with the Attorney General's office. The Attorney General's office, after investigation, must issue a written recommendation to the board. The board may act upon this written recommendation, but no review of the potential testimony or substantive evidence by the board or a member of the board is permitted. A formal hearing must be held upon thirty days' notice to the complainant and the licensee or their counsel before a panel as provided in Section 40-47-211.
(B) Upon receipt of the panel's report in accordance with Section 40-47-211, the board must notify the complainant and the licensee and their counsel of the time and place at which the board will consider the report for the purpose of determining its action on the report, and the notice must be given not less than ten days before the meeting. The complainant and the licensee and their counsel have the right to appear before the board at the meeting and to submit briefs and be heard in oral argument in opposition to or in support of the recommendations of the panel. The Attorney General's office has the right to appear before the board and to submit briefs and be heard in oral argument if it has participated in the hearing before the panel.
(C) Upon consideration of the report of the panel and of the showing made to the board, the board may:
(1) refer the matter back to the panel for further hearing;
(2) order a further hearing before the board; or
(3) proceed upon the certified report of the prior proceedings before the panel.
(D) Upon its final review, the board may either dismiss the complaint or find that the licensee is guilty of misconduct meriting sanction. In either event, the board must file a final certified report of the proceedings before it with the secretary of the board and the secretary must notify the complainant and the licensee and their counsel of the board's action.
(E) A decision by the board to revoke, suspend, or restrict a license or to limit or discipline a licensee must be by majority vote of the total membership of the board. A licensee against whom disciplinary action is taken pursuant to this article has the right to judicial review. A 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 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 restrict a license for more than six months.
(F) `Misconduct' which constitutes grounds for revocation, suspension, or restriction of a license or limitation on or discipline of a licensee is a satisfactory showing to the board that the holder of a license:
(1) has used a false, fraudulent, or forged statement or document or practiced a fraudulent, deceitful, or dishonest act in connection with a licensing requirement;
(2) has been convicted of, has pled guilty to, or has pled nolo contendere to a felony or other crime involving moral turpitude or drugs. For purposes of this item, `drugs' includes a substance whose possession, use, or distribution is governed by Section 44-53-110 through Section 44-53-580 (Narcotics and Controlled Substances) or which is listed in the current edition of the Physician's Desk Reference;
(3) is addicted to alcohol or drugs to such a degree as to render the holder unfit to practice medicine or osteopathy;
(4) has been convicted of the illegal or unauthorized practice of medicine or osteopathy;
(5) has knowingly performed an act which in any way assists an unlicensed person to practice medicine or osteopathy;
(6) has sustained a physical or mental disability which renders further practice by the holder dangerous to the public;
(7) has violated the principles of ethics as adopted by the State Board of Medical Examiners and published in its regulations;
(8) is guilty of engaging in dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;
(9) is guilty of the use of a false or fraudulent statement in a document connected with the practice of medicine;
(10) is guilty of obtaining fees or assisting in obtaining fees under dishonorable, false, or fraudulent circumstances;
(11) has intentionally violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation of or conspiring to violate the medical practice laws; or
(12) is guilty of violating the code of medical ethics adopted by the board in accordance with Section 40-47-20 or has been found by the board to lack the ethical or professional competence to practice medicine or osteopathy.
(G) In addition to all other remedies and actions incorporated in this chapter, the license of a medical or osteopathic physician adjudged mentally incompetent by a court of competent jurisdiction must be automatically suspended by the board until the physician is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
(H) The license of a person who is convicted of or who pleads guilty or nolo contendere to a crime stated in subsection (F) (2) immediately must be suspended temporarily pending final disposition of a disciplinary proceeding to be commenced upon the conviction or the filing of a plea of guilty or nolo contendere. A person suspended under this subsection must be reinstated immediately upon the filing of a certificate that the conviction has been reversed. The reinstatement does not terminate a disciplinary action pending against the person.
(I) In enforcing subsections (F) (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 a contrary rule of law or statute. A person who accepts the privilege of practicing medicine in this State or who files an application for a license to practice medicine 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 that the same constitutes a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed to do so 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 medicine with reasonable skill and safety to patients.
(J) In enforcing subsections (F) (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 medicine in this State or who files an application to practice medicine 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 that the same constitute 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 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 medicine with reasonable skill and safety to patients."
SECTION 4. Section 40-47-220 of the 1976 Code is repealed.
SECTION 5. In accordance with Section 1-20-60 of the 1976 Code the existence of the State Board of Medical Examiners is reauthorized for six years.
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 24th day of May, 1993.