South Carolina General Assembly
110th Session, 1993-1994

Bill 3222


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3222
Primary Sponsor:                Kirsh
Committee Number:               27
Type of Legislation:            GB
Subject:                        Medical Examiners Board
Residing Body:                  House
Current Committee:              Medical, Military, Public and
                                Municipal Affairs
Companion Bill Number:          259
Date Tabled:                    19930427    
Computer Document Number:       436/12794AC.93
Introduced Date:                19930120    
Last History Body:              House
Last History Date:              19930427    
Last History Type:              Tabled in Committee
Scope of Legislation:           Statewide
All Sponsors:                   Kirsh
                                     J. Brown
                                     G. Bailey
                                     Waldrop
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3222  House   19930427      Tabled in Committee             27
3222  House   19930120      Introduced, read first time,    27
                            referred to Committee

View additional legislative information at the LPITS web site.


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

A BILL

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:

SECTION 1. Section 40-47-50 of the 1976 Code is amended to read:

"Section 40-47-50. (A) `Osteopathy' is hereby 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) Every A person who 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, who presents certificates of his good moral character and sobriety from reputable persons approved by the State Board of Medical Examiners, and who;

(2) gives evidence of sufficient education (completion of not less than completing at least three years' preprofessional education in an accredited college or university) shall be eligible for examination before the Board either before or after the completion of a one-year internship as approved by the examining board; and

(3) has attended an osteopathic college for four full courses of lectures of at least thirty-six weeks each, or any combination of such these courses aggregating one hundred and forty-four weeks.

Any such A person who successfully passes the examination shall be is eligible for a temporary certificate to practice osteopathy which shall be is good for one year. At the end of one year, if he the person has also completed his a one-year internship, he shall be the person is eligible for a certificate to practice osteopathy.

(C) All doctors Doctors of osteopathy shall use only the letters D.O. after their names when used in connection with their profession."

SECTION 2. Section 40-47-90 of the 1976 Code is amended to read:

"Section 40-47-90. No person shall be is eligible to appear before the board for examination unless he shall give the person has given evidence in addition to his good moral character and sobriety that he has such of preliminary and medical education as may be prescribed by the board or as defined by law."

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 (board) may, 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 any 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 may also impose such 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 any action taken by the board affecting the license of any a licensee, when it is established that such the individual has violated any of the provisions of this chapter or any of the regulations 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, who must for deposit them in a special fund from which the State Board of Medical Examiners shall must be reimbursed for administrative costs for each case upon the approval of the Budget and Control Board. At any time when the special fund exceeds twenty thousand dollars, all the excess funds must be remitted to the General Fund. Any An action of the board relating to the revocation or suspension of a license or other action either restricting a license or limiting or otherwise 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. In so doing, the 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 any individual a member of the board shall be is permitted. Thereupon, a 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 thereon, such on the report, and the notice to must be given not less than ten days prior to such before the meeting. The complainant and the licensee and their counsel have the right to appear before the board at such 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 likewise has the right to appear before the board and to submit briefs and be heard in oral argument where 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:

(a) (1) refer the matter back to the panel for further hearing;

(b) (2) order a further hearing before the board; or

(c) (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 forthwith notify the complainant and the licensee and their counsel of such the board's action.

(E) Any A 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 A licensee against whom disciplinary action is taken pursuant to the provisions of this article has the right to judicial review. Any 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 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."

(F) `Misconduct' which constitutes grounds for revocation, suspension, or other restriction of a license or limitation on or other discipline of a licensee is a satisfactory showing to the board of any of the following that the holder of a license:

(1) That any has used a false, fraudulent, or forged statement or document has been used or any practiced 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, has pled guilty to, or has pled nolo contendere to, a felony or any other crime involving moral turpitude or drugs. For purposes of this provision item, `drugs' shall include any 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) That the holder of a license is addicted to alcohol or drugs to such a degree as to render him the holder unfit to practice medicine or osteopathy.;

(4) That the holder of a license has been convicted of the illegal or unauthorized practice of medicine or osteopathy.;

(5) That the holder of a license has knowingly performed any an act which in any way assists an unlicensed person to practice medicine or osteopathy.;

(6) That the holder of a license has sustained any a physical or mental disability which renders further practice by him the holder dangerous to the public.;

(7) That the holder of a license has violated the principles of ethics as adopted by the State Board of Medical Examiners and published in its regulations.;

(8) That the holder of a license is guilty of engaging in 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 medicine.;

(10) That the holder of a license is guilty of obtaining fees or assisting in obtaining such fees under dishonorable, false, or fraudulent circumstances.;

(11) That the holder of a license has intentionally violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation of, or conspiring to violate, any provisions or terms of the medical practice laws.; or

(12) That the holder of a license 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 any a medical or osteopathic physician (medical or osteopathic) adjudged mentally incompetent by any a court of competent jurisdiction must be automatically suspended by the board until he 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) Further, the The license of any a person who is convicted of, or who pleads guilty or nolo contendere with respect to, those crimes mentioned under item a crime stated in subsection (F) (2) of this section shall be immediately must be temporarily 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. Any A person so suspended under this subsection must be reinstated immediately upon the filing of a certificate that the conviction has been reversed. The reinstatement shall does not terminate any a disciplinary action pending against such 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.

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