Current Status Bill Number:1117 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980312 Primary Sponsor:Ryberg All Sponsors:Ryberg and Setzler Drafted Document Number:pt\1805ac.98 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Medical Disciplinary Commission, membership increased; Examiners Board to appoint members on hearing panels
Body Date Action Description Com Leg Involved
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Senate 19980312 Introduced, read first time, 13 SMA
referred to Committee
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TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION AND HEARINGS HELD BY THE COMMISSION, SO AS TO INCREASE THE COMMISSION MEMBERSHIP FROM EIGHTEEN TO THIRTY-SIX AND TO AUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS TO APPOINT PAST MEMBERS TO SERVE ON HEARING PANELS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-47-211 of the 1976 Code is amended to read:
"Section 40-47-211. (A) There is created the Medical Disciplinary Commission of the State Board of Medical Examiners to be composed of eighteen thirty-six members. The members of the commission must be licensed physicians practicing their profession, and three. Five commissioners must be elected from each of the six congressional districts, and six must elected from the State at large. The board shall conduct the elections, and the elections shall provide for participation by any physician currently licensed and actively practicing medicine in South Carolina and residing in the congressional district in which the election is held. At-large members must be currently licensed and actively practicing medicine in South Carolina and must reside within the State at the time of election and throughout their terms. One commissioner initially elected from each district shall serve for a term of one year and until his successor is elected and qualifies, one commissioner initially elected from each district shall serve for a term of two years and until his successor is elected and qualifies, and one commissioner initially elected from each district shall serve for a term of three years and until his successor is elected and qualifies. The successors of the initial commissioners shall serve for terms of three years or until their successors are elected and qualify. The members of the commission are limited to may serve no more than three terms. The members appointed to the State board Board of Medical Examiners may not simultaneously serve as a commissioner. In case of any vacancy by way of death, resignation, or otherwise, the board shall appoint a successor to serve for the unexpired term.
(B) The commission is empowered to investigate and hear those complaints against physicians, (medical and osteopathic), filed with the board pursuant to Section 40-47-200. The hearing must be conducted in accordance with Act 176 of 1977 ( the Administrative Procedures Act) and with regulations promulgated by the board and must be before a panel composed of at least three commissioners designated by the board. Where justice, fairness, or other circumstances so require, the board may appoint past commissioners to hear complaints in individual cases. The panel is empowered to hear the matters complained of and to make findings of fact and recommendations as to disposition of those matters to the board. The panel shall make a certified report of the proceedings before it, including its findings of fact, conclusions, and recommendations, which must be filed together with a transcript of the testimony taken and exhibits as may have been in evidence before it with the secretary administrator of the board within ten days from the date of the hearing, and a copy of the report must be delivered to the complainant office of general counsel and the licensee and their or his counsel."
SECTION 2. This act takes effect upon approval by the Governor.