South Carolina General Assembly
110th Session, 1993-1994

Bill 3225


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3225
Primary Sponsor:                Kirsh
Committee Number:               20
Type of Legislation:            GB
Subject:                        Veterinary Medical Examiners
                                Board
Residing Body:                  House
Current Committee:              Agriculture, Natural
                                Resources, and Environmental
                                Affairs
Companion Bill Number:          258
Computer Document Number:       436/12780AC.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



History


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

3225  House   19930120      Introduced, read first time,    20
                            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 40-69-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS TO DELETE THE REQUIREMENT TO BE OF GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-140, RELATING TO GROUNDS TO DENY, SUSPEND, OR REVOKE A LICENSE, SO AS TO DELETE THE USE OF SOLICITORS TO OBTAIN PATRONAGE; TO AMEND SECTION 40-69-430, RELATING TO ANIMAL HEALTH TECHNICIAN CERTIFICATION, SO AS TO DELETE PROVISIONS NO LONGER EFFECTIVE AND REQUIREMENT TO BE OF GOOD PHYSICAL AND MENTAL HEALTH AND GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-440, RELATING TO TEMPORARY CERTIFICATES AND FEES, SO AS TO PROVIDE THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-450, RELATING TO APPLICATIONS FOR EXAMINATIONS AND FEES, SO AS TO DELETE THE REQUIREMENT FOR CERTAIN PERSONAL REFERENCES AND TO PROVIDE THAT THESE FEES MUST BE SET BY REGULATION; TO AMEND SECTION 40-69-460, RELATING TO CONTENTS OF EXAMINATIONS, SO AS TO DELETE PROVISIONS RELATING TO ORAL OR PRACTICAL EXAMINATIONS; TO AMEND SECTION 40-69-480, RELATING TO RENEWAL OF CERTIFICATES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE TEMPORARY FEES UNTIL FEES ARE SET BY THE BOARD IN REGULATION; AND TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS. Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 40-69-30 of the 1976 Code, as last amended by Act 133 of 1987, is further amended to read:

"Section 40-69-30. (A) There is created the State Board of Veterinary Medical Examiners to be composed of eight members, one of whom must be a consumer advocate member from the State at large, one of whom must be a veterinarian from the State at large, and six of whom must be veterinarians representing each of the six congressional districts. Each veterinarian must be a resident of the State of South Carolina and of the congressional district which he the veterinarian represents, licensed by the State, and practicing. The consumer advocate member must be a resident of the State. The terms of the members must be are for six years and until successors are appointed and qualify. No member must be is allowed successive terms of office.

(B) The veterinarian at large and the consumer advocate member must be appointed by the Governor. The board shall conduct an election to nominate two veterinarians to represent any from each congressional district when the seat is vacant. The election shall provide for participation by all veterinarians currently licensed and residing in South Carolina the district for which the nomination is being made. The names of the nominees must be forwarded to the Governor by the board and the Governor shall appoint one of the nominees as the member. The ;however, 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 the nominees so submitted, additional nominees must be submitted in the same manner. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.

(C) The consumer advocate member must be exempt from voting may not vote on examination for licensure of veterinarians.

(D) The Governor may remove any a member of the board who has been is guilty of continued neglect of his board duties or who is found to be incompetent, unprofessional, or dishonorable. No member may be removed without first giving him the member an opportunity to refute the charges filed against him. He that member, who must be given a copy of the charges at the time they are filed.

(E) If a board member is disqualified and his the member's absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may appoint an individual to replace him the member during the period of disqualification. This individual must shall meet the same qualifications as the member he is replacing, being replaced and must take the same oath as required of other members of the board."

SECTION 2. Section 40-69-80 of the 1976 Code is amended to read:

"Section 40-69-80. (A) Any A person wishing to practice veterinary medicine in this State shall obtain a license from the board. Unless the a person shall have obtained obtains a license it must be is unlawful for him to practice veterinary medicine as defined herein and if he shall so practice he must be in this article. If a person practices without a license that person is considered to have violated the provisions of this article.

(B) The board shall conduct examinations of all applicants and the board may examine any an applicant who submits satisfactory evidence that he the applicant:

(a) is a graduate of a school or college of veterinary medicine approved by the board or holds an Education Commission of Foreign Veterinary Graduates Certificate;

(b) Is of good moral character;

(c) (b) has paid the required fee."

SECTION 3. Section 40-69-90 of the 1976 Code is amended to read:

"Section 40-69-90. (A) The board may issue a temporary license to practice veterinary medicine to an applicant provided if the applicant meets the following these qualifications:

(1) meets all qualifications and requirements of Section 40-69-80;

(2) has filed an application to take the examination;

(3) is permanently located at some designated place in the State;

(4) pays a temporary license fee of fifteen dollars, which must be set by the board in regulation promulgated in accordance with the

Administrative Procedures Act; this fee must be is in addition to the examination fee;

(5) holds a current and valid license to practice veterinary medicine in another state of the United States.

(B) Individuals An individual failing to pass the examination for a license in this State must may not be issued a temporary license.

(C) The temporary license shall entitle entitles the holder to practice only until the board has acted upon his the application for a permanent license after he the applicant completes the next regularly scheduled examination, and is not renewable, and only. Only one such temporary license must may be issued to any one a person. Any A person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond his the person's control may, in the discretion of the board, have his the temporary license renewed until the board is able to act on his the application after he the person completes the required examination."

SECTION 4. Section 40-69-140 of the 1976 Code is amended to read:

"Section 40-69-140. The board may deny, suspend, revoke or otherwise restrict the license of any a veterinarian or reprimand, or otherwise discipline licensees a licensee for the following these reasons as determined by the Board:

(1) violation of any provisions of violating this article or any regulations a regulation promulgated by the board.;

(2) the use of any using a false, fraudulent, or forged statement or document or any a fraudulent, deceitful, or dishonest act by the holder of a license in connection with any of the a license requirements requirement.;

(3) failure failing to display a license.;

(4) having caused to be published or circulated directly or indirectly any a fraudulent, false, or misleading statements statement as to the skill or methods of practice of any a licensee. ;

(5) misrepresentation in misrepresenting the inspection of food for human consumption.;

(6) the use of any using a false or fraudulent statement in any a document connected with the practice of veterinary medicine.;

(7) obtaining fees or assisting in obtaining such fees under deceptive, false, or fraudulent circumstances.;

(8) failure failing to provide and maintain facilities as directed by regulation of the board.;

(9) refusing to permit the board or any a legal representative of the board to inspect the business premises of the licensee during regular business hours.;

(10) circulating knowingly untrue, fraudulent, misleading, or deceptive advertising.;

(11) The use of solicitors or peddlers to obtain patronage.

(12) (11) engaging in unprofessional or unethical conduct, or engaging in practices in connection with the practice of veterinary medicine which are in violation of the standards of professional conduct, as defined herein in this article or prescribed by regulations of the board.;

(13) (12) engaging in conduct determined by the board to be incompetent or negligent in the practice of veterinary medicine.;

(14) (13) The making of any a false statement in any an oath or affidavit which is required by this article.;

(15) (14) revocation by having another state of revoke a license to practice veterinary medicine in that state.;

(16) (15) conviction being convicted on a charge of cruelty to animals.;

(17) (16) conviction being convicted of any a federal or state law relating to narcotic drugs.;

(18) (17) having a physical or mental impairment or any disability which renders practice dangerous to the public.;

(19) (18) performance of any performing an act which in any way assists a person to practice in violation of this article.;

(20) (19) misuse of misusing a controlled substances substance for other than specific treatment of an animal patients patient.;

(21) (20) having employed or permitted a person who does not hold a license to practice veterinary medicine in this State to perform work which, under this article, can lawfully be done only by persons a person holding a license to practice veterinary medicine.;

(22) (21) the practice of practicing veterinary medicine while under either the influence of either alcohol or any drug to such a degree as to adversely affect the performance of his a veterinarian's professional obligations and duties.;

(23) (22) having been adjudged mentally incompetent by a court of competent jurisdiction; provided that upon notice of a legal determination or of incompetency, an individual's license shall be is automatically suspended until he the individual is adjudged legally competent.;

(24) (23) failure failing to report, as required by law, or making a false report of any a contagious or infectious disease.;

(25) (24) conviction of being convicted of a felony or any a crime involving moral turpitude.; forfeiture of a bond or a plea of nolo contendere must be is considered the equivalent of a conviction." SECTION 5. Section 40-69-430 of the 1976 Code is amended to read:

"Section 40-69-430. (A) Any A person wishing to work as an Animal Health Technician in this State shall obtain a certificate from the board. Unless such a person shall have obtained obtains a certificate, it shall be is unlawful for him to work as an Animal Health Technician as defined in this article.

(B) The board shall conduct examinations of all applicants and the board may examine any an applicant who submits satisfactory evidence that he the applicant:

(1) is at least eighteen years of age;

(2) is a graduate of an American Veterinary Medical Association accredited school of animal technology;

(3) has submitted authenticated evidence of a high school education or General Education Development Certificate and evidence of having completed a program of five continuous years of practical training as an Animal Health Technician under the direct supervision of a licensed veterinarian. Any person engaging in a program of practical training shall be exempt from this article until completion of examination requirements as issued by the board. The provisions of this item shall not be effective after July 1, 1983;

(4) is in good physical and mental health;

(5) is of good moral character;

(6) (3) has paid the required fee."

SECTION 6. Section 40-69-440 of the 1976 Code is amended to read:

"Section 40-69-440. (A) The board may issue a temporary certificate provided such if the applicant:

(1) meets all the qualifications and requirements of Section 40-69-430;

(2) has filed an application to take the examination;

(3) pays a temporary certificate fee of five dollars, which must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act; this fee shall be is in addition to the examination fee.

(B) Such A temporary certificate shall permit the applicant holder to work in the capacity as an Animal Health Technician until the next regularly scheduled examination. Temporary certificates may not be renewed. Provided, however, However, any a person who is unable to attend such the examination because of illness, accident, or other reasonable condition beyond his the person's control may, in the discretion of the board, may have his the temporary certificate renewed until the board is able to act on his the application after he the person completes the required examination."

SECTION 7. Section 40-69-450 of the 1976 Code is amended to read:

"Section 40-69-450. (A) Any A person desiring to take the examination for certification shall make application apply in writing to the board on forms prescribed by the board at least fourteen days prior to before the examination. The application shall be endorsed by at least three persons, one of whom shall be the instructor in the school of Animal Health Technology attended by the applicant; or if in practical training, one endorsement shall be that of the supervising veterinarian. The fee accompanying each an application shall must be set by the board but must be a minimum of ten dollars and may not exceed thirty five dollars in regulation promulgated pursuant to the Administrative Procedures Act.

(B) Fees may not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws his the application, or is issued or denied a certificate. If an applicant fails to take the examination for a legitimate reason, the board may allow him the applicant to take the examination at a later date, without having to pay another fee.

(C) After the board accepts such an application and finds that the applicant is otherwise qualified to meet the requirements necessary to work as an Animal Health Technician, the applicant may be examined by the board at its next meeting. The board shall give notice to the applicant of the exact time and place of the examination."

SECTION 8. Section 40-69-460 of the 1976 Code is amended to read:

"Section 40-69-460. (A) The examination of applicants an applicant for certification must be conducted under the regulations adopted by the board. The board shall require the applicant to take a written examination in Animal Anatomy, Clinical Pathology, Pharmacology, Office Procedures, Radiology, Laboratory Animal Technology, Parasitology and such additional subjects relating to Animal Health Technology as the board may require. The board may also require that the applicant undergo a clinical, oral or practical examination in addition to the written examination, shall establish a minimum passing grade for each examination given and shall hold at least one examination annually.

(B) If the applicant makes the minimum passing grade on the examination established by the board and the board finds that the applicant is otherwise qualified, it shall issue the applicant a certificate. An applicant who fails to meet the minimum passing grade or fails to maintain a current certificate may submit to reexamination at the discretion of the board. Each applicant is entitled to at least one reexamination."

SECTION 9. Section 40-69-480 of the 1976 Code is amended to read:

"Section 40-69-480. (A) Each The holder of a certificate must apply on January first of each year for renewal of certification. Renewal application applications must be provided by the board thirty days prior to before January first of each year. The A completed application must contain the be accompanied by an annual fee of five dollars not to exceed twenty dollars, the amount of which fee shall must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act, and made payable to the secretary treasurer of the board. If such the completed application and fee is not submitted by February fifteenth of each year, a late renewal fee penalty of five dollars set by the board in regulation, will be added to the annual fee. If the completed application and renewal fee is not received by March fifteenth of each year, certification of the holder will be revoked and the holder must shall file for reexamination for certification. The application for renewal must be endorsed by a licensed veterinarian of this State and must include sufficient proof of continuing education as required by the board in the regulations.

(B) The board may issue a duplicate certificate to replace one that has been lost or destroyed upon payment of a fee of ten dollars an amount to be set by the board in regulation. Each A duplicate certificate must have the word `DUPLICATE' typed or printed across the face thereof of the certificate."

SECTION 10. The following fees are in effect until these fees are set in regulation promulgated by the State Board of Veterinarians pursuant to the Administrative Procedures Act:

(1) fifteen dollars for a temporary license to practice veterinary medicine;

(2) five dollars for a temporary certificate to work as an Animal Health Technician;

(3) twenty-five dollars for an examination application fee for certification as an Animal Health Technician;

(4) twenty dollars for an Animal Health Technician annual certification renewal;

(5) five dollars for a late renewal fee penalty when an animal health technician fails to submit a renewal application by February fifteenth of each year;

(6) ten dollars for an Animal Health Technician replacement certificate.

SECTION 11. In accordance with Section 1-20-60 of the 1976 Code the existence of the State Board of Veterinary Medical Examiners is reauthorized for six years.

SECTION 12. This act takes effect upon approval by the Governor.

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