A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-69-20, RELATING TO THE INVESTIGATIVE REVIEW COMMITTEE OF THE BOARD OF VETERINARY EXAMINERS, SO AS TO REVISE THE COMPOSITION OF THE COMMITTEE AND ITS FUNCTIONS; BY AMENDING SECTION 40-69-90, RELATING TO PROCEDURES FOR HANDLING COMPLAINTS BY THE BOARD OF VETERINARY EXAMINERS, SO AS TO REQUIRE THE BOARD TO IMPLEMENT COMMITTEE RECOMMENDATIONS AND GIVE THE BOARD DISCRETION over CERTAIN OTHER RELATED MATTERS; AND BY AMENDING SECTION 40-69-120, RELATING TO SANCTIONS FOR VIOLATIONS BY LICENSEES OF THE BOARD, SO AS TO PROVIDE CERTAIN MANDATORY SANCTIONS FOR VIOLATIONS FOR ENGAGING IN INCOMPETENT OR NEGLIGENT CONDUCT IN THE PRACTICE OF VETERINARY MEDICINE.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 40-69-20(8) of the S.C. Code is amended to read:

 

    (8) "Investigative Review Committee" (IRC) means an investigative review panel appointed by the board chairman, in consultation with the other members of the board. The IRC must be comprised of four members who are former board members or other experienced licensed veterinarians one physician actively licensed to practice medicine in this State by the State Board of Medical Examiners, one attorney actively licensed to practice law in this State by the South Carolina Supreme Court, one person appointed to represent a nonprofit animal protection organization in this State, two members of the general public with a demonstrated interest in animal protection, and two experienced veterinarians licensed in this State who have not previously served as members of the State Board of Veterinary Medical Examiners. The board chairman must appoint the Chairman of the IRC. Veterinarian members of the IRC must have a current license issued pursuant to this chapter to be eligible to serve. The IRC shall review any complaint against a licensed veterinarian or veterinary technician and make a recommendation as to whether the board should proceed with formal action. The board must consider the recommendation of the IRC, but the final determination whether to proceed with formal action must be made by the board.

 

SECTION 2.  Section 40-69-90(A) of the S.C. Code is amended to read:

 

    (A) The department may receive complaints against a licensee from any person, including the board, and shall require the complaints to be submitted in writing and to be signed by the complainant. The person who is the subject of the complaint must be provided a notice of the complaint including the substance of the allegations within five days after the department begins its investigation. The department shall investigate the allegations in the complaint to the extent that there is a potential violation of this chapter. The department must submit its investigative findings to the IRC, as provided for in Section 40-69-20(8), along with any other additional information related to the investigation requested by any IRC member. The IRC must review the investigation and recommend to the board whether to proceed with formal action. If the IRC recommends that the board proceed with formal action, the board shall proceed with formal action accordingly, but if the IRC does not recommend that the board proceed with formal action, the board either may disregard the recommendation and proceed with a formal action or accept the recommendation and not proceed with a formal action. If the board is directed to proceed further or desires to proceed further, it mayshall direct the department to file a formal complaint charging the licensee with a violation of this chapter or a regulation promulgated pursuant to this chapter. If the department files a formal complaint,The department must make the formal complaint and any answer filed by the licensee available for public inspection. The licensee must be provided a copy of the formal complaint prior to making any complaint available for public inspection. The board administrator shall notify the licensee in writing not less than sixty days before the disciplinary hearing. The formal complaint and the hearing notice must be served personally or sent to the licensee by mail, return receipt requested, directed to the last mailing address furnished to the board. The post office receipt signed by the licensee, the licensee's agent, or a responsible member of the licensee's household or office staff or if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused is prima facie evidence of service of the notice. Informal disposition may be made of any complaint, formal or otherwise, by stipulation or consent agreement. No stipulation or consent agreement is final until it has been submitted to and approved by the board.

 

SECTION 3.  Section 40-69-120 of the S.C. Code is amended to read:

 

    Section 40-69-120. Upon a determination by the board, after a disciplinary hearing conducted pursuant to the requirements of this chapter, that one or more of the grounds for discipline of a licensee exists, the board:

       (A) may impose sanctions as provided in Section 40-1-120, including imposing a fine of notno more than one thousand dollars for each violation, excluding violations for engaging in incompetent or negligent conduct in the practice of veterinary medicine pursuant to Section 40-69-110(12); and

       (B) shall impose the following sanctions for violations for engaging in incompetent or negligent conduct in the practice of veterinary medicine pursuant to Section 40-69-110(12):

           (1) a fine of no more than five thousand dollars for a first violation;

           (2) a fine of no more than ten thousand dollars for a second violation; and

           (3) permanent license revocation for a third violation.

 

SECTION 4.  This act takes effect on July 1, 2026.

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