Current Status Bill Number:399 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950124 Primary Sponsor:Leatherman All Sponsors:Leatherman Drafted Document Number:BR1\18047AC.95 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Podiatrists
Body Date Action Description Com Leg Involved
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Senate 19950124 Introduced, read first time, 13 SMA
referred to Committee
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TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, 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 ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES 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; AND 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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-51-30 of the 1976 Code, as last amended by Act 28 of 1993, is further amended to read:
"Section 40-51-30. For the purpose of carrying out this chapter, the Governor shall appoint a Board of Podiatry Examiners, to consist of four podiatrists, actually engaged in this practice in the State and one consumer member. All members of the board must be residents of South Carolina. Nominations of the podiatrists for appointment to the board must be received by the Governor from the South Carolina Board of Podiatry Examiners with all licensed active practicing podiatrists residing in this State having an opportunity to vote and being eligible to be candidates during a pre-announced election. The Governor shall appoint the consumer member from the State at large. The Governor may reject any or all of the nominees upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. The members of the board must be appointed by the Governor for terms of two years. The Governor may remove from office members of the Board of Podiatry Examiners for neglect of duties as required by this chapter or for malfeasance in office for unprofessional conduct. The State Board of Medical Examiners shall designate one medical doctor as a consultant to the board. The Attorney General of South Carolina is the legal advisor to the board with power to prosecute any violation of this chapter.
(A) There is created the Board of Podiatry Examiners to be composed of five members, appointed by the Governor with the advice and consent of the Senate, one of whom must be a lay member from the State at large, one of whom must be a podiatrist from the State at large, and three of whom must be podiatrists, one from each of these districts:
(1) the Upper District comprised of Oconee, Pickens, Anderson, Greenville, Spartanburg, Cherokee, Union, York, Chester, Fairfield, Lancaster, Newberry, Saluda, Edgefield, McCormick, Greenwood, Laurens, and Abbeville Counties;
(2) the Central District comprised of Kershaw, Chesterfield, Marlboro, Darlington, Lee, Sumter, Clarendon, Richland, Calhoun, Orangeburg, Lexington, Aiken, Barnwell, and Allendale Counties; and
(3) the Lower District comprised of Hampton, Jasper, Beaufort, Colleton, Charleston, Dorchester, Bamberg, Berkeley, Williamsburg, Georgetown, Florence, Horry, Marion, and Dillon Counties.
(B) The podiatrist at large and the lay member serve coterminously with the appointing Governor and until their successors are appointed and qualify. The board shall conduct an election to nominate three podiatrists from each district to be submitted to the Governor for consideration for appointment. The Governor shall appoint one podiatrist to represent each district from among the nominees submitted for that district. The election shall provide for participation by all podiatrists currently licensed and residing in the district for which the nomination is being made. The podiatrists elected must be residents of the district they represent, licensed, and in good standing to practice podiatry in this State and actively engaged in the practice of podiatry in this State. The elected members of the board representing the three districts shall serve a four-year term. No member may serve more than one term of office; however, a person appointed to fill an unexpired portion of a term if reelected and reappointed may serve one full term.
(C) Before January sixteenth in the year in which the term expires for a member representing a district, a qualified podiatrist desiring to be a candidate for the board must submit to the secretary of the board a biography, a photograph, and a statement indicating a desire to be a candidate for the board. The secretary shall prepare ballots for mailing to all podiatrists licensed and residing in the district for which the nomination is being made. The ballots must be in a form that makes tabulation quick and easy and shall contain the names of the nominees in alphabetical order. Enclosures to accompany the ballots shall include the envelope in which the ballot is to be sealed and an envelope addressed to the secretary of the board. The addressed envelope shall contain a statement headed `information required' on which must be typed or printed the name of the voter and a space for the voter's signature certifying that the voter:
(1) is the person whose name appears on the statement;
(2) is eligible to vote in this election;
(3) has personally cast the ballot.
(D) Ballots must be mailed by the secretary before April second to the last known mailing address of all podiatrists residing in the district for which the nomination is being made and must be returned to the secretary postmarked before May second and received by the office before May eleventh. The secretary of the board shall certify in the presence of an employee of the Department of Labor, Licensing, and Regulation who is not employed by the board that these ballots are true and valid.
(E) Before June second the board shall certify in writing to the Governor the names of the three persons winning the election and the name of the person on the board the nominees are being considered to replace. The member, when appointed by the Governor, takes office the first of July of that year.
(F) Notwithstanding subsection (B), if a nominee is judged unfit by the Governor, the board must be informed and other nominees must be submitted in like manner.
(G) Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
(H) The Governor may remove a member of the board who is guilty of continued neglect of board duties or who is found to be incompetent, unprofessional, or dishonorable. No member may be removed without first giving the member an opportunity to refute the charges filed against that member."
SECTION 2. 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 3. 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 if the state in which the person is licensed or certified or in which the person has been practicing podiatry or chiropody extends the same reciprocal privileges to podiatrists or chiropodists in this State."
SECTION 4. 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 5. 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 a holder of a license:
(1) that any 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 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 6. 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 7. Notwithstanding any other provision of law, on the effective date of this act, the terms of office of the present members of the Board of Podiatry Examiners expire. The Department of Labor, Licensing, and Regulation temporarily shall assume the duties of the board, including the preparation and conduct of any examinations, until the new board members are appointed and qualify to take office in accordance with this act. The Department of Labor, Licensing, and Regulation shall conduct the initial election to select the nominations to submit to the Governor for appointment pursuant to this act. Of the members initially appointed by the Governor pursuant to this section from districts established pursuant to Section 40-51-30 of the 1976 Code, as amended in Section 1 of this act, the member from the Upper District shall serve a one-year term, the member from the Central District shall serve a two-year term, the member from the Lower District shall serve a three-year term. The lay member and the podiatrist at-large member shall serve a four-year term. All terms will be for four years after the initial board is appointed. No member may serve more than one term of office except that the initial members of the board serving less than a four-year term may be reappointed for one four-year term. A member serving an unexpired term may be reelected and reappointed for one term.
SECTION 8. This act takes effect upon approval by the Governor.