Current Status Introducing Body:House Bill Number:3224 Primary Sponsor:Kirsh Committee Number:30 Type of Legislation:GB Subject:Chiropractic Examiners Board Residing Body:House Current Committee:Ways and Means Companion Bill Number:256 Computer Document Number:436/12768AC.93 Introduced Date:19930120 Last History Body:House Last History Date:19930120 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Kirsh J. Brown Waldrop G. Bailey Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3224 House 19930120 Introduced, read first time, 30
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-33 SO AS TO CREATE A SPECIAL FUND FROM FINES AND COSTS COLLECTED BY THE STATE BOARD OF CHIROPRACTIC EXAMINERS TO BE USED TO REIMBURSE THE BOARD FOR EXPENSES RELATED TO INVESTIGATING COMPLAINTS AND CONDUCTING HEARINGS; TO AMEND SECTION 40-9-30, RELATING TO THE ESTABLISHMENT AND POWERS OF THE BOARD, SO AS TO AUTHORIZE THE BOARD TO ASSESS CIVIL FINES AND COLLECT COSTS FOR INVESTIGATIONS AND HEARINGS AND TO DELETE DUPLICATE PROVISIONS RELATING TO HEARING PROCEDURES; TO AMEND SECTION 40-9-31, RELATING TO REVOCATION OR SUSPENSION OF A LICENSE, SO AS TO ALSO ALLOW ASSESSMENT OF A CIVIL FINE UP TO TWO THOUSAND DOLLARS; TO REPEAL SECTION 40-9-100, RELATING TO DISPOSITION OF EXCESS FUNDS; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-9-33. (A) Fines and costs collected under this chapter must be remitted to the State Treasurer for deposit into a special fund from which the State Board of Chiropractic Examiners must be reimbursed, upon approval of the Budget and Control Board, for administrative costs for investigations and proceedings under this chapter.
(B) Monies held in this special fund may be carried over from one year to the next and any balance in the fund in excess of twenty thousand dollars must be remitted to the general fund."
SECTION 2. Section 40-9-30 of the 1976 Code is amended to read:
"Section 40-9-30. (A) There is hereby created the South Carolina Board of Chiropractic Examiners consisting of eight members. One licensed chiropractor shall must be appointed by the Governor from each congressional district who shall and must be a licensed and practicing chiropractor residing and practicing in the district he the chiropractor represents. The board shall certify in writing to the Governor the names of the two nominees who shall have received the highest number of votes in the subject each district's election conducted pursuant to Section 40-9-37. The Governor may reject any or all of the nominees upon satisfactory showing as to of the unfitness of those rejected. If the Governor declines to appoint any of such the nominees so submitted, additional nominees shall must be submitted in the same manner. One member of the board, who shall must be a licensed and practicing chiropractor, shall must be appointed by the Governor at large from the State at large, and one member, who may not be a member of the chiropractic or medical profession, shall must be appointed by the Governor who shall not be a member of the chiropractic or medical profession. The conduct of the balloting for the nominees for the board from the respective congressional districts shall be is the responsibility of the Board of Chiropractic Examiners. Each chiropractic member shall have been a regularly must be a licensed and practicing chiropractor in South Carolina in good standing for a period of five years preceding the date of his appointment to the board.
The members of the Board shall serve staggered terms with the members from the first, third and fifth district and one member-at-large who is not from the chiropractic or medical profession serving a two-year term, and all others serving a four-year term.
(B) All terms will be are for four years after the initial Board is appointed and until their successors are appointed and qualify. The Governor may remove any a member of the board who has been is guilty of continued neglect of his board duties, guilty of a misdemeanor, or a felony, or who is found to be incompetent. No member shall may be removed without first giving him the member an opportunity to refute the charges filed against him. He shall that member who must be given a copy of the charges at the time they are filed.
(C) The South Carolina Board of Chiropractic Examiners shall meet at least twice a year at such a time and place as determined by the board. The board shall hold elections for its officers each year. The board may call additional meetings when necessary for the transaction of board business. The board shall adopt rules and regulations for its government, and for judging the professional and ethical competence of chiropractors, including compliance with the code of chiropractic ethics, and for the discipline of chiropractors. A majority of the board shall constitute constitutes a quorum for the transaction of business.
(D) The board may:
(1) establish suitable procedures for carrying out its duties pursuant to the provisions of this chapter;
(2) execute certificates which shall must be accepted in the courts of this State as the best evidence as to of the minutes of the board and the best evidence as to the registration or nonregistration of any of whether a person is registered under the requirements of this chapter;
(3) adopt, and from time to time, revise regulations not inconsistent with the law, as may be necessary to carry out the provisions of this chapter, including, but not limited to, regulations concerning patient care and treatment, solicitation of patients, and advertising; provided, that however, the board shall may not prohibit or discriminate as to against advertising in any particular media;
(4) conduct investigations and cause the prosecution of all persons violating the provisions of this chapter and have power to incur necessary expenses therefor for this;
(5) keep a record of all its proceedings;
(6) employ such persons as may be necessary to carry out the work of the board;
(7) fix the time for holding its meetings;
(8) examine, license, and renew the licenses of qualified applicants and certify applicants as to their ability and as to the degree of their practice of chiropractic as authorized under the laws of this State; provided, however, that the non-chiropractic nonchiropractic member of the board shall may not participate in the examination of any a license applicant on matters of technical or professional nature; provided, further, that the board shall use the National Board Examination of the National Board of Chiropractic Examiners in lieu of the state written examination for persons graduating from an approved chiropractic college pursuant to Section 40-9-40 after July 1, 1982.;
(9) judge the professional and ethical competence of chiropractors, establish a code of chiropractic ethics, and provide for the discipline of chiropractors;
(10) order the revocation, suspension, or otherwise restrict restriction of the license of licensees a licensee to practice chiropractic or take any other disciplinary action other than revocation or suspension., including assessing a civil fine for a violation of this chapter; Any action of the Board relating to the revocation or suspension of a license, or other action restricting a license or otherwise disciplining a licensee, shall be taken only after a written complaint of misconduct has been filed with the Board in accordance with regulations promulgated by the Board. After such complaint a closed hearing shall be held by any examiner selected by the Board after thirty days' notice to the complainant and the licensee or his counsel. The Attorney General's office upon request of the Board shall present the case for the complainant before the examiner. Upon receipt of the examiner's report, the Board shall notify the complainant and the licensee and his counsel of the time and place at which the Board will consider the report for the purpose of determining its action thereon, such notice to be given not less than ten days prior to such meeting. The complainant and the licensee and his counsel shall have the right to appear before the Board at such meeting and submit briefs and be heard in oral argument in opposition to or in support of the recommendations of the Board. The Attorney General's office shall also have the right to appear before the Board and submit briefs and be heard in oral argument.
Upon its final review, the Board may either dismiss the complaint or find that the licensee is guilty of misconduct meriting sanction. The Board shall file a final certified report of the proceedings before it with the secretary of the Board who shall forthwith notify the complainant and the licensee and his counsel of such action.
A decision of the Board to revoke, suspend or otherwise restrict a license or to limit or otherwise discipline a licensee or one who is found to be practicing chiropractic in noncompliance with this chapter shall not become effective until the tenth day following the date of delivery to the licensee of a written copy of the decision. Service of a petition for a review of the decision shall stay the Board's decision pending completion of the appellate process.
(11) assess and collect costs from a licensee for investigating a complaint and conducting proceedings pursuant to this chapter."
SECTION 3. Section 40-9-31 of the 1976 Code is amended to read:
"Section 40-9-31. (A) Any An action of the board relating to the revocation or suspension of a license, or other action restricting a license or otherwise disciplining a licensee shall must be taken only after a written complaint of misconduct has been filed with the board in accordance with regulations promulgated by the board. After such receiving a complaint, a closed hearing shall must be held by an examiner selected by the board after thirty days' notice to the complainant and the licensee or their counsel. The Attorney General's office, upon request of the board, shall present the case for the complainant before the examiner. Upon receipt of the examiner's report, the board shall notify the complainant and the licensee and his the licensee's counsel of the time and place at which the board will consider the report for the purpose of determining its action thereon on the report, such the notice to must be given not less than ten days prior to such before the meeting. The complainant and the licensee and his the licensee's counsel shall have the right to appear before the board at such the meeting, submit briefs, and be heard in oral argument in opposition to or in support of the recommendations of the board. The Attorney General's office shall also have has the right to appear before the board and submit briefs and be heard in oral argument. Upon its final review, the board may either dismiss the complaint or find that the licensee is guilty of misconduct meriting sanction. The board shall file a final certified report of the proceedings before it with the secretary of the board who shall forthwith notify the complainant and the licensee and his the licensee's counsel of such this action. A decision of the board to revoke, suspend, or otherwise restrict a license or to limit or otherwise discipline persons a person engaging in the practice of chiropractic shall require requires a majority vote of the membership of the board. The board's decision shall be subject to appeal may be appealed to the circuit court, which shall hear the matter de novo upon petition filed by the licensee with the court and served upon the secretary of the board within ten days from the date of delivery of the board's decision to the licensee. A decision by the board to revoke, suspend, or otherwise restrict a license or to limit or otherwise discipline a licensee or one who is found to be practicing chiropractic in non-compliance without complying with this chapter shall is not become effective until the tenth day following the date of delivery to the licensee of a written copy of the decision to the licensee. Service of a petition for a review of the decision shall stay stays the board's decision pending completion of the appellate process.
(B) If a licensee is found to have violated this chapter or a regulation promulgated under this chapter, in addition to or instead of taking action to revoke, suspend, or restrict the license of the licensee, the board may assess a civil fine of up to two thousand dollars for each violation, but the total fine may not exceed ten thousand dollars."
SECTION 4. Section 40-9-100 of the 1976 Code is repealed.
SECTION 5. In accordance with Section 1-20-60 of the 1976 Code the existence of the South Carolina Board of Chiropractic Examiners is reauthorized for six years.
SECTION 6. This act takes effect upon approval by the Governor.