Current Status Bill Number:652 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950321 Primary Sponsor:Giese All Sponsors:Giese Drafted Document Number:br1\18272ac.95 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Podiatrists, provisions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950321 Committed to Committee 13 SMA
Senate 19950321 Recalled from Committee 12 SLCI
Senate 19950321 Introduced, read first time, 12 SLCI
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-51-55 SO AS TO ESTABLISH A ONE-YEAR PODIATRY LICENSE FOR PARTICIPATION IN A PRECEPTORSHIP OR ONE-YEAR RESIDENCY PROGRAM AND TO PROVIDE FOR THE LICENSING AND PROGRAM REQUIREMENTS; BY ADDING SECTION 40-51-57 SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS OF A PRECEPTOR PROGRAM AND A RESIDENCY PROGRAM; BY ADDING SECTION 40-51-165 SO AS TO PROVIDE HEARING PROCEDURES WHEN A LICENSEE OR APPLICANT FAILS TO APPEAR AT A HEARING; BY ADDING SECTION 40-51-280 SO AS TO PROVIDE FOR CONSULTATION WITH THE BOARD OF MEDICAL EXAMINERS WHEN THERE IS A DISCIPLINARY MATTER INVOLVING A PODIATRIST; BY AMENDING SECTION 40-51-20, RELATING TO DEFINITIONS, SO AS TO DEFINE ADDITIONAL TERMS; BY AMENDING SECTION 40-51-30, AS AMENDED, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO FURTHER PROVIDE FOR THE ELECTION OF NOMINEES TO THE BOARD; BY AMENDING SECTION 40-51-60, RELATING TO FEES, SO AS TO REQUIRE PODIATRISTS TO ALSO MEET OTHER REQUIREMENTS AS PROVIDED FOR IN CHAPTER 51; BY AMENDING SECTION 40-51-65, AS AMENDED, RELATING TO REQUIREMENTS FOR EXAMINATION, SO AS TO REVISE THESE REQUIREMENTS; BY AMENDING SECTION 40-51-80, RELATING TO EXAMINATIONS, SO AS TO PROVIDE FOR THE EXAMINATIONS THAT MAY BE ADMINISTERED; BY AMENDING SECTION 40-51-90, RELATING TO EXAMINATION SCORES, SO AS TO REVISE THE MINIMUM SCORES ACCEPTED FOR LICENSURE; TO AMEND SECTION 40-51-100, RELATING TO EXAMINATION FEES, SO AS TO PROVIDE PAYMENT AND REEXAMINATION PROCEDURES; BY AMENDING SECTION 40-51-110, RELATING TO LICENSE RECIPROCITY, SO AS TO REQUIRE THREE YEARS RATHER THAN ONE YEAR OF PRACTICE IN ANOTHER STATE; BY AMENDING SECTION 40-51-130, RELATING TO DISPLAY AND RECORDING OF LICENSES, SO AS TO DELETE THE REQUIREMENT THAT A LICENSE BE RECORDED WITH THE CLERK OF COURT; BY AMENDING SECTION 40-51-140, RELATING TO LICENSE RENEWAL, SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF RENEWAL; BY AMENDING SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS, ACCESS TO RECORDS AND USE OF RECORDS IN PROCEEDINGS, TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS OR ACCESS TO RECORDS; AND TO PROVIDE FOR THE TERMS OF CURRENT PODIATRY BOARD MEMBERS TO EXPIRE, FOR THE ELECTION OF NEW MEMBERS, AND FOR STAGGERED TERMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-51-55. (A) A special one-year license must be given to a participant in a formal preceptorship or one-year residency program who meets the requirements of this section. A license fee and special one-year application form must be established by the board containing the:
(1) signature of the sponsoring doctor or facility responsible for the training;
(2) approval of the program by the certifying bodies of the A.P.M.A. or the American Council of Certified Podiatric Physicians and Surgeons.
(B) All informal preceptorships must notify the board in writing of the student training program for each student and the board shall issue a letter of notification. Failure to notify the board of this program must be considered an ethical violation and subject to all sanctions under Section 40-51-160.
(C) All residents and preceptors must be supervised at all times for a period of eight months after which the resident or preceptor may perform podiatric medicine with or without supervision if the podiatrist holds a South Carolina license to practice podiatry. At no time may a preceptor or resident perform surgery without direct supervision. The license of a podiatrist preceptor or resident found working without supervision must be automatically revoked or suspended. A revoked or suspended license is subject to review under the Administrative Procedures Act. A decision to revoke or suspend a license by the board is effective upon delivery of a copy of the decision to the licensee. A petition for court review is not a supersedeas. A podiatrist whose license is suspended or revoked must give up the special one-year license. No fees may be refunded after the first day of issue.
(D) The provisions of this chapter and regulations promulgated under this chapter apply to all preceptors and residents.
(E) No formal preceptor or resident may receive a license to practice podiatry while in training. This does not preclude a person from fulfilling the licensing requirements for the purpose of obtaining a license after the completion of training. However, if a preceptor or resident insists on receiving a license before the training program is completed, the podiatrist must be voluntarily terminated from the one-year special license and must leave the training program. Failure to comply with this subsection is considered an ethical violation subject to sanctions provided for in Section 40-51-160.
(F) No preceptor or resident may apply or enter into an agreement with a hospital, health maintenance organization, or contract dealing with medical or podiatric care while under the special license. This does not preclude either from working with the sponsoring doctor or facility for training with supervision.
(G) Formal preceptors and residents must carry malpractice insurance with a minimum value of one million dollars. Evidence of this insurance must be provided to the board before the board issues a special license. This policy must remain in effect during the training period. The license of a person who fails to maintain this malpractice insurance is automatically revoked and the person is also subject to other sanctions under Section 40-51-160 and other legal remedies as they apply.
(H) A special license is valid for one year and may not be extended for any reason regardless of the status of the training program.
(I) A special license does not entitle the holder to a license to practice in South Carolina. However, a person may apply for licensure as provided for in this chapter.
(J) If a special license is suspended or revoked under this section or Section 40-51-160 for any reason, no license to practice podiatry in South Carolina may be issued for a minimum of three years from the date of suspension or revocation and upon a determination by the board, the person may be permanently prohibited from obtaining licensure.
(K) A doctors or facility which violates this section must be fined not less than one thousand dollars and not more than five thousand dollars. This fine does not preclude other legal remedies or sanctions.
(L) For purposes of this section:
(1) `Preceptor' or `Preceptor formal' means a doctor of podiatric medicine who is a graduate of an accredited school of podiatric medicine in training for a one-year period under the provisions of this section.
(2) `Preceptor informal' means a student of an accredited podiatry school who is in training to become a podiatrist.
(3) `One-year resident' means a doctor of podiatric medicine who has graduated from an accredited school of podiatric medicine who is undergoing further training in an office and hospital-based training facility. All residency training programs must meet the requirements of this section. If the program is not approved, the board may at its option offer a special dispensation after a hearing and written report."
SECTION 2. The 1976 code is amended by adding:
"Section 40-51-57. (A) A residency program:
(1) must be approved by the American Association of Podiatric Physicians and Surgeons or its accrediting agency, the American Podiatric Medical Association or its accrediting agency, or by the board;
(2) must be registered with the board;
(3) must be chaired by a licensed, practicing podiatric physician whose license is in good standing and under no current disciplinary measures or restrictions, and who is a member of the podiatric surgical staff at the hospital with which the program is affiliated;
(4) must admit for training only those persons who have graduated from an accredited college of podiatric medicine;
(5) shall insure or require its resident physicians to be insured for the duration of the training period, under a professional liability insurance policy with a minimum liability coverage of one million dollars per incident;
(6) shall ensure that each of its resident physicians holds a special one-year limited license issued by the board;
(7) shall comply with all applicable rules and reporting requirements which may be established by the board;
(8) shall provide close, direct supervision of each resident physician-patient encounter for at least eight months, after which the resident may be permitted to provide minimal, routine services under indirect supervision. The provisions of services without supervision as required by this section is deemed practicing podiatry without a license, subject to a fine of not less than one thousand dollars and not more than five thousand dollars and other penalties provided for elsewhere in the statutes.
(B) A preceptorship program:
(1) must be registered with and approved by the board;
(2) must admit for training only those persons who have graduated from an accredited college of podiatric medicine;
(3) shall insure or require its preceptee physicians to be insured for the duration of the training period, under a professional liability insurance policy with a minimum liability coverage of one million dollars per incident;
(4) shall comply with all applicable regulations and reporting requirements which may be established by the board.
(C) A preceptor:
(1) must be a licensed, practicing podiatric physician whose license is in good standing and under no current disciplinary measures or restrictions;
(2) shall ensure that each preceptee physician in the program holds a special one-year limited license issued by the board;
(3) shall comply with all applicable regulations and reporting requirements which may be established by the board;
(4) shall provide close, direct supervision of each preceptee physician--patient encounter for at least eight months, after which the preceptee may be permitted to provide minimal, routine services under indirect supervision. Externs may not provide a patient services unless under close, direct supervision. The provision of service without supervision as required by this section is deemed the practicing podiatry without a license, subject to a fine of not less than one thousand dollars and not more than five thousand dollars and other penalties as may be provided for.
(D) The board shall establish an application procedure, fees, and a special license for podiatric physicians undergoing training in residency and formal preceptorship programs. Before this license is issued, the applicant must submit a certificate of insurance showing a current policy of professional liability in the amount of one million dollars per incident, with the term of the policy spanning the full period of training. The special one-year license shall permit the holder to engage in the practice of podiatric medicine only within the scope of the training program, and within the physical confines of the training sites while under supervision as prescribed in this section. The special one-year limited license may be suspended, rescinded, or revoked by the board for violations of any of the provisions of this section or any other provision of law or upon other grounds as the board may establish in regulation. If a license is suspended or revoked for violations of this section or other grounds established by the board, reinstatement must be available at the discretion of the board. If there is no residency or preceptorship program established in the State of South Carolina within the five-year period immediately following enacting of this act, this section shall automatically expire."
SECTION 3. The 1976 Code is amended by adding:
"Section 40-51-165. If a licensee or applicant fails to appear at a hearing after reasonable notice, the board may proceed to hear the evidence against the licensee and take action as if the licensee had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding must be served upon the licensee or applicant by certified mail, return receipt requested, to the last known address of record with the board. If the material is returned marked `unclaimed' or `refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the Director of the Department of Labor, Licensing, and Regulation must be deemed to be the agent for service for the licensee or applicant for the purposes of this section, and service upon the director is deemed to be service upon the licensee or applicant."
SECTION 4. The 1976 Code is amended by adding:
"Section 40-51-280. The State Medical Board of Examiners in conjunction with the Board of Podiatric Examiners through its consultant or designated medical board examiner shall concur on any disciplinary matter or infraction concerning a podiatrist or chiropodist who allegedly has violated a provision of this chapter or regulation promulgated under this chapter and shall forward this information to the Board of Podiatric Medicine for disposition."
SECTION 5. Section 40-51-20 of the 1976 Code is amended to read:
"Section 40-51-20. For the purposes of this chapter:
(1) `Podiatry' shall mean the diagnosis, medical and surgical treatment limited to ailments of the human foot, except the administration of an anaesthetic other than local.
(2) `Diagnosis' shall mean to ascertain a disease or ailment by symptoms and findings and does not confer the right to use X-ray other than for diagnosis.
(3) `Medical treatment' shall mean means the application or prescribing of any a therapeutic agent or remedy for the relief of foot ailments, except the medical treatment of any systemic disease causing manifestations in the foot.
(4) `Surgical treatment' shall mean means the use of any a cutting instrument to treat a disease, ailment, deformity, or condition of the foot, but shall not confer the right to amputate the foot or toes.
(5) `Extern' means an individual who is a student at an accredited college of podiatric medicine and who is undergoing off campus training in an informal preceptorship program.
(6) `Preceptor' means a licensed, practicing podiatric physician who conducts a preceptorship.
(7) `Preceptorship' means:
(a) an informal program, a pre-doctoral training program of variable length conducted by an individual or group of licensed, practicing podiatric physicians, and the program may or may not be associated with a hospital;
(b) a formal program, a post-doctoral training program of twelve months' duration, conducted by an individual or group of licensed, practicing podiatric physicians, and the program may or may not be associated with a hospital.
(8) `Preceptee' means a podiatric physician undergoing training in a formal preceptorship program.
(9) `Resident physician' means a podiatric physician who has graduated from an accredited college of podiatric medicine and who is undergoing post-graduate training in a residency program.
(10) `Residency program' means a post-doctoral podiatric resident physician training program of twelve months attached to or affiliated with a hospital licensed under the laws of the State of South Carolina.
(11) (a) `Direct supervision' means the services being rendered to a patient by one undergoing training to be observed and supervised, and the patient examined after such services, by a teaching staff physician in the case of a residency program or by the preceptor in a preceptorship program;
(b) `Indirect supervision' means the services rendered to a patient by one undergoing training to be evaluated on the basis of daily interview with, and evaluation of records made by, the resident or preceptee."
SECTION 6. 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. (A) For the purpose of carrying out this chapter, the Governor shall appoint a Board of Podiatry Examiners, to consist consisting of four podiatrists, actually engaged in this the practice of podiatry 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 as provided for in subsection (B). 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 from the election results with the candidate receiving the next highest vote being submitted. The members of the board must be appointed by the Governor for terms of two four 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 in accordance with Section 1-3-240. A vacancy on the board must be filled for the unexpired portion of the term by the Governor from the election results with the candidate receiving the next highest vote. No member may serve more than one term, however a member who is appointed to fill a vacancy may be reappointed for one full term. 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 Department of Labor, Licensing, and Regulation shall appoint a legal advisor to the board with power to prosecute any violation of this chapter.
(B) Nominations must be sent out with license renewal forms on November first of each year. The names of all practicing podiatrists who reside in South Carolina must be included on the ballot unless a podiatrist who does not wish to be considered for the open board position has notified the board in writing before November fifteenth. A ballot must be mailed on November fifteenth to each podiatrist with all candidates listed. The number of board position openings must be clearly identified and a podiatrist may cast a vote for the appropriate number and may write in a candidate if the candidate is qualified to serve. Any other choice other than a write-in candidate nullifies the vote. All ballots must be postmarked before December first of that year. No exceptions to the provisions of this subsection may be made for any reason. The board shall tabulate the vote count and forward a list to the Governor no later than December sixth of that year."
SECTION 7. Section 40-51-60 of the 1976 code is amended to read:
"Section 40-51-60. Any person A podiatrist desiring to enter into the practice of podiatry in this State shall pay a fee to be determined by regulation of the board and must satisfy other requirements as provided for in this chapter or regulation promulgated under this chapter."
SECTION 8. Section 40-51-65 of the 1976 Code, as last amended by Act 654 of 1988, is further amended to read:
"Section 40-51-65. It is unlawful for any a person to practice podiatric medicine in this State without obtaining first a license from the board.
The board shall conduct an examination of any an applicant who submits satisfactory evidence that he has:
(a) received four years of high school training;
(b) completed at least three years of pre-podiatry training at a recognized college;
(c) received a diploma or certificate of graduation from a recognized college of podiatric medicine which has been accredited by the Council on Podiatric Medical Education
(1) a fully completed and notarized application including three letters of professional reference accompanied by the appropriate fees;
(2) a certified copy of college or university transcripts;
(3) a certified copy of podiatry school transcripts and a certified copy of the person's podiatry school diploma from an accredited college;
(4) a certified copy of the person's birth certificate;
(5) the results of passage of the National Board Examination Part I and Part II;
(6) PMLexis Examination score with documentation of the date the test was taken which must be within two years of date of application;
(7) photo ID required to sit for the examinations;
(8) other documents or meets other requirements as established by the board in regulation."
SECTION 9. 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 Parts I and II and such any other practical or written, oral or oral and written examination as the board deems considers necessary. Each A successful applicant if he who has completed all requirements shall be including completing a one-year post-medical training program in a formal preceptorship or residency approved by the American Association of Podiatric Physicians and Surgeons or the American Podiatric Medical Association is eligible for a certificate to practice podiatric medicine."
SECTION 10. Section 40-51-90 of the 1976 Code is amended to read:
"Section 40-51-90. No applicant shall may be granted a license unless he the applicant obtains a general average of seventy-five percent or over and not less than fifty seventy percent in any one subject on an examination required for licensure."
SECTION 11. Section 40-51-100 of the 1976 code is amended to read:
"Section 40-51-100. Each An applicant before being allowed to take the examination, must pay to the board a fee to be fixed by the board at an amount which, with other available resources of the board, will fully cover the cost of the examination, including compensation and expenses of members of the examining board. In case the application is denied and examination is refused the fee shall must be returned to the applicant. Any An applicant who fails to pass an examination shall be is entitled to a reexamination within six months upon payment of the original examination fee, but only two such reexaminations shall be one is permitted under the privilege of the original application. All applicable examination fees must be paid to the board or the appropriate examining body thirty days before the examination is to be given.
An applicant for licensure in podiatry who fails two attempts to pass the South Carolina examination administered by the board shall appear before the board and shall complete additional post-graduate training as the board may require before being allowed to take the examination again."
SECTION 12. Section 40-51-110 of the 1976 Code is amended to read:
"Section 40-51-110. Upon payment of a fee to be determined by regulation of the board, a license may be issued to podiatrists or chiropodists removing to this State from other states 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 the profession in any state for a period of one year three years or more, who has been duly licensed by a state board and who has enjoyed during such that time good professional repute as determined by the South Carolina Board of Podiatry Examiners, may upon presentation of proper credentials, may be issued a license without examination."
SECTION 13. Section 40-51-130 of the 1976 Code is amended to read:
"Section 40-51-130. Every A license shall issued under this chapter 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 within thirty days of its issue."
SECTION 14. Section 40-51-140 of the 1976 Code is amended to read:
"Section 40-51-140. Every A person licensed to practice podiatry or chiropody must pay an annual renewal license fee which shall must be established by in regulation of by the board and must submit documentation of having completed twelve hours of continuing medical education through a program approved by the American Podiatric Medical Association, American Association of Podiatric Physicians and Surgeons, or American College of Certified Podiatric Physicians and Surgeons. If the renewal fee is not accompanied with the appropriate continuing education documentation the license may not be renewed and is considered late and subject to the penalties promulgated by the board in regulation. This continuing education requirement takes effect the year and applies to licenses being renewed beginning in 1997. If such the renewal fee is not paid within three two months after the date of notification by the secretary that such the fee is due, the license of the person so failing to pay shall be considered late and a penalty imposed as determined by regulation. After an additional sixty days a nonrenewed license must be suspended or revoked and shall must be reissued only by a majority vote of the Board of Podiatry Examiners and upon payment of a late fee and penalties established by the board."
SECTION 15. Section 40-51-160 of the 1976 Code, as last amended by Section 926 of Act 181 of 1993, is further amended to read:
"Section 40-51-160. (A) The State Board of Podiatry, if it has reason just cause 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 with the exception of an intern;
(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 just cause may require a licensee or applicant to submit to a mental or physical examination by physicians mutually agreed to by the licensee or applicant and the board. If a physician cannot be mutually agreed to, an Administrative Law Judge may appoint a physician for the purposes of this section. 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 just cause 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 16. If a preceptor program or residency program in podiatry is not established in South Carolina within five years of this act's effective date, Sections 40-51-55 and 40-51-57 are repealed.
SECTION 17. 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 preparing and conducting 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 podiatry members initially appointed by the Governor pursuant to this section, one member shall serve a one-year term, one member shall serve a two-year term, and one member shall serve a three-year term, and one member shall serve a four year term. The lay member shall serve a four-year term. 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 18. This act takes effect upon approval by the Governor.