South Carolina General Assembly
103rd Session, 1979-1980

Bill 274


                    Current Status

Bill Number:               274
Ratification Number:       317
Act Number                 307
Introducing Body:          Senate
Subject:                   Chiropractic colleges--accreditation and
                           chartering of
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A307, R317, S274)

AN ACT TO PROVIDE A PROCEDURE FOR THE ACCREDITATION AND CHARTERING OF CHIROPRACTIC COLLEGES OR SCHOOLS, FOR THE COMPENSATION OF THE MEMBERS AND EMPLOYEES OF THE BOARD OF CHIROPRACTIC EXAMINERS AND TO REQUIRE AN INSURER WHO OFFERS A POLICY COVERING MEDICAL EXPENSE BENEFITS TO INCLUDE CHIROPRACTIC SERVICES IF REQUESTED BY INSURED, AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-9-95 AND 40-9-97 SO AS TO AUTHORIZE THE BOARD OF CHIROPRACTIC EXAMINERS TO ISSUE SUBPOENAS AND OBTAIN INJUNCTIVE RELIEF AND TO GRANT LIMITED IMMUNITY TO PERSONS PARTICIPATING IN DISCIPLINARY PROCEDURES; AND TO AMEND SECTIONS 40-9-20, AS AMENDED, 40-9-30, 40-9-40, AS AMENDED, 40-9-50, 40-9-70, 40-9-80, 40-9-90 AND 40-9-110 OF THE 1976 CODE, RELATING TO CHIROPRACTORS AND CHIROPRACTIC PRACTICE, SO AS TO REQUIRE INDIVIDUAL APPROVAL OF MACHINES USED IN CHIROPRACTIC PRACTICE, INCREASE THE MEMBERSHIP OF THE BOARD OF CHIROPRACTIC EXAMINERS AND FURTHER PROVIDE FOR THE NOMINATION AND APPOINTMENT OF MEMBERS THEREOF AND THE POWERS AND DUTIES OF THE BOARD, ESTABLISH DISCIPLINARY PROCEDURES FOR LICENSEES AND FURTHER PROVIDE FOR RECIPROCAL LICENSING, LICENSE FEES AND PENALTIES FOR VIOLATIONS OF LAWS AND REGULATIONS RELATING TO CHIROPRACTIC AND TO AMEND ACT 201 OF 1977, RELATING TO THE LICENSING AND REGULATION OF CERTAIN NONPUBLIC EDUCATIONAL INSTITUTIONS SO AS TO PROVIDE THAT COLLEGES OF CHIROPRACTIC SHALL BE DEFINED AS SUCH INSTITUTIONS FOR LICENSING BY THE STATE COMMISSION ON HIGHER EDUCATION.

Be it enacted by the General Assembly of South Carolina:

Chiropractic colleges--accreditation and chartering of

Section 1. One hundred and eighty days from the effective date of this act, the State Commission on Higher Education shall publish a list of the accrediting agency or agencies, which may include itself, approved by it for accreditation of chiropractic colleges or schools doing business in this State. Any chiropractic college or school doing business in this State shall, upon publication of said list of such accrediting agency or agencies, forthwith apply for such accreditation or candidate status and furnish the State Commission on Higher Education documented evidence of such application.

Failure to obtain such accreditation or candidate status within one year after publication of the list of approved agencies shall result in the Commission on Higher Education revoking the status of such college or school as a recognized college or school of chiropractic.

Provided, further, any college of chiropractic applying for a South Carolina charter must furnish the Commission on Higher Education with sufficient evidence that such school will qualify for required accreditation. Upon certification by the Commission on Higher Education to the Secretary of State, the Secretary of State may issue a charter; provided, further, however, that any college now chartered must attain required licensure before one hundred eighty days after the effective date of this act or have its charter revoked upon a finding by the Attorney General that such licensure has not been attained by such date. In addition to other existing criteria, licensure of all chiropractic colleges shall be renewable annually contingent upon supplying semi-annual reports as to the progress of accreditation to the Commission on Higher Education and the Commission shall make a determination if such progress is satisfactory.

Licenses required--exceptions--penalties

Section 2. Section 40-9-20 of the 1976 Code, as last amended by Section 31, Part II of Act 199 of 1979, is further amended, to read "Section 40-9-20. No person shall practice chiropractic in this State without a license issued by the South Carolina Board of Chiropractic Examiners as provided in this chapter, except senior students of any chiropractic college chartered by the State may perform without a license chiropractic procedures under the supervision of a chiropractor licensed in South Carolina on the college staff. Provided, such procedure and supervision must be practiced within the confines of the appropriate chiropractic college. Provided, however, that no charges for professional service shall be made to any patient or to his insurance company for any work performed on the patient by such senior students or by the licensed chiropractor on the college staff while supervising such senior students. Provided, further, that the chiropractic college may charge the patient for the actual costs and expenses it incurs for the use of its clinical property or facilities by the patient, provided, however, that this section shall not apply to any chiropractic college which has failed to attain accredited status from the Council of Chiropractic Education or its successor or an accrediting agency approved by the Commission on Higher Education for accreditation of chiropractic colleges or schools doing business in this State pursuant to this chapter, within four years after July 1, 1976 or within a reasonable length of time thereafter, as determined by the Commission on Higher Education.

Any person who unlawfully charges a patient in violation of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined one thousand dollars."

Board of Chiropractic Examiners--appointments--powers and duties

Section 3. Section 40-9-30 of the 1976 Code is amended to read:

"Section 40-9-30. There is hereby created the South Carolina Board of Chiropractic Examiners consisting of eight members. One licensed chiropractor shall be appointed by the Governor from each congressional district. Such appointment shall be made from two nominees who shall have received a majority of the vote in a ballot taken by the licensed and practicing chiropractors in each district.

If the Governor declines to appoint either of such nominees so submitted, additional nominees shall be submitted in the same manner. Two members of the Board shall be appointed by the Governor at large from the State, both of whom shall be non-members of the chiropractic or medical profession. The conduct of the balloting for the first nominees for the Board from the respective congressional districts shall be the responsibility of the South Carolina Election Commission and thereafter shall be conducted by the Board of Chiropractic Examiners.

The members of the Board shall serve staggered terms with the members from the first, third and fifth district and one member-at-large who is not from the chiropractic or medical profession serving a two-year term, and all others serving a four-year term. All terms will be for four years after the initial Board is appointed. Vacancies on the Board shall be filled in the manner of the original appointment for the unexpired term. The Board shall meet at least semi-annually and at other times at the discretion of the Board. The Board shall organize annually by electing officers. The Board shall adopt rules for the transaction of business. A majority of the Board shall constitute a quorum for the transaction of business. Each chiropractic member shall have been a regularly licensed and practicing Chiropractor in South Carolina in good standing for a period of five years next preceding the date of his appointment.

The Board may:

(1) establish suitable procedures for carrying out its duties pursuant to the provisions of this chapter;

(2) execute certificates which shall be accepted in the courts of this State as the best evidence as to the minutes of the Board and the best evidence as to the registration or nonregistration of any person under the requirements of this chapter;

(3) adopt, and from time to time, revise regulations not inconsistent with the law, as may be necessary to carry out the provisions of this chapter, including but not limited to regulations concerning patient care and treatment, solicitation of patients and advertising; provided, that the Board shall not prohibit or discriminate as to advertising in any particular media;

(4) cause the prosecution of all persons violating the provisions of this chapter and have power to incur necessary expenses therefor;

(5) keep a record of all its proceedings;

(6) employ such persons as may be necessary to carry out the work of the Board;

(7) fix the time for holding its meetings;

(8) examine, license, and renew the licenses of qualified applicants;

(9) judge the professional and ethical competence of chiropractors, establish a code of chiropractic ethics, and provide for the discipline of chiropractors;

(10) order the revocation, suspension, or otherwise restrict the license of licensees to practice chiropractic or take any other disciplinary action other than revocation or suspension. Any action of the Board relating to the revocation or suspension of a license, or other action restricting a license or otherwise disciplining a licensee, shall be taken only after a written complaint of misconduct has been filed with the Board in accordance with regulations promulgated by the Board. After such complaint a closed hearing shall be held by an examiner selected by the Board after thirty days' notice to the complainant and the licensee or his counsel. The Attorney General's office upon request of the Board shall present the case for the complainant before the examiner. Upon receipt of the examiner's report, the Board shall notify the complainant and the licensee and his counsel of the time and place at which the Board will consider the report for the purpose of determining its action thereon, such notice to be given not less than ten days prior to such meeting. The complainant and the licensee and his counsel shall have the right to appear before the Board at such meeting and submit briefs and be heard in oral argument in opposition to or in support of the recommendations of the Board. The Attorney General's office shall also have the right to appear before the Board and submit briefs and be heard in oral argument.

Upon its final review, the Board may either dismiss the complaint or find that the licensee is guilty of misconduct meriting sanction The Board shall file a final certified report of the proceedings before it with the secretary of the Board who shall forthwith notify the complainant and the licensee and his counsel of such action.

A decision of the Board to revoke, suspend or otherwise restrict a license or to limit or otherwise discipline a licensee shall require a majority vote of the membership of the Board. The board's decision shall be subject to appeal to the circuit court, which shall hear the matter de novo upon petition filed by the licensee with the court and served upon the secretary of the Board within thirty days from the date of delivery of the board's decision to the licensee.

A decision by the Board to revoke, suspend or otherwise restrict a license or to limit or otherwise discipline a licensee shall not become effective until the thirtieth day following the date of delivery to the licensee of a written copy of the decision. Service of a petition for a review of the decision shall stay the board's decision pending completion of the appellate process."

Compensation

Section 4. Members of the Board and persons authorized by the Board, engaged in business for the Board, shall receive for their services a per diem as determined by the Board, and travel expenses as provided by law for state boards, committees and commissions.

Such compensation shall be paid from board funds.

Executive Director

Section 5. The Board may appoint and employ a qualified person to serve as Executive Director, and it shall fix his compensation and define his duties. The Executive Director of the Board shall have the power to make contracts, with board approval, for the furtherance of the board's functions and the management of the office. The Board may employ such other persons as may be necessary to carry on its work. The salaries of employees and necessary expenses incurred in the performance of their duties shall be paid out of funds held by the Board.

Qualifications of applicant for license

Section 6. Section 40-9-40 of the 1976 Code, as amended, is further amended to read:

"Section 40-9-40. No person shall be granted a license to engage in the practice of chiropractic unless he shall present proof that he has at least two years of pre-professional college credits from a college or university accredited by the Southern Association of Colleges and Secondary Schools or an accrediting agency of equal status and recognition and that he is a graduate of a chiropractic college which is accredited by or has recognized candidate status with the Council of Chiropractic Education or its successors or an accrediting agency approved by the State Commission on Higher Education for accreditation of chiropractic colleges or schools doing business in this State.

Provided, however, that this section shall not apply to students enrolled prior to July 1, 1974, in a chiropractic college. Provided, further, any person who graduated from a chiropractic college which had accredited or recognized candidate status with the Council of Chiropractic Education at the time of such graduation and has been a legal resident of South Carolina from 1975 until 1978 shall be allowed to practice chiropractic until December 1, 1979, or until a board is constituted and offers an examination for licensure."

Application and fee

Section 7. Section 40-9-50 of the 1976 Code is amended to read:

"Section 40-9-50. All applicants for a license examination shall file with the Secretary of the Board, on or before a specified date to be determined by the Board, a completed application to be provided by the Board, supported by proper credentials and the payment of a fee to be set by the Board."

Reciprocity

Section 8. Section 40-9-70 of the 1976 Code is amended to read:

"Section 40-9-70. The Board shall have authority to grant licensure in accordance with item (8) of Section 40-9-30 by reciprocity to applicants from states having commensurate requirements as provided in this chapter and which also grant reciprocal privileges to licensees of this State provided that an applicant shall have been in practice in that state for at least one year."

Annual license fee

Section 9. Section 40-9-80 of the 1976 Code is amended to read:

"Section 40-9-80. (a) The Board may set and charge annually a fee for the renewal of a license and set the renewal fee for license holders not practicing in the State or for those inactive at a lower fee than for those practicing in the State. The Board may waive the renewal fee for all licensees who are serving on active duty in the Armed Services of the United States at the time the fee is due.

(b) If the license renewal fee is not paid by the first of July of each year, or within sixty days from the mailing of notice by the Board, whichever is later, the license shall automatically expire and be forfeited. Such license can only be reinstated upon payment of all sums due, and the Board may assess such delinquent holder an additional sum not to exceed twenty-five percent of the amount due as a penalty."

Health insurance policies to include chiropractic services

Section 10. If an insurer offers a policy containing a provision for medical expense benefits that does not provide payment for chiropractic services, it shall offer as a part thereof an optional rider or endorsement, if specifically requested by the insured or subscriber under an individual policy or a certificate holder or subscriber under a master policy, which defines such .benefits as including payment to a chiropractor for procedures specified in the policy which are within the scope of the practice of chiropractic. Any additional cost to the insured or certificate holder must be reasonably related to benefits provided.

Grounds for revocation or suspension of licenses

Section 11. Section 40-9-90 of the 1976 Code is amended to read:

"Section 40-9-90. Misconduct which constitutes grounds for a revocation, suspension or other restriction of a license or other discipline of a licensee shall be based upon a satisfactory showing to the Board of any of the following:

(1) That any false, fraudulent or forged statement has been used, or any fraudulent, deceitful or dishonest act has been practiced by the holder of a license in connection with any of the licensing requirements.

(2) That the holder of a license is addicted to alcohol or drugs to such a degree as to render him unfit to practice chiropractic.

(3) That the holder of a license has been convicted of the illegal or unauthorized practice of chiropractic.

(4) That the holder of a license has knowingly performed any act which in any way assists an unlicensed person to practice chiropractic.

(5) That the holder of a license has sustained any physical or mental disability which renders further practice by him dangerous to the public.

(6) That the holder of a license has violated the code of ethics or regulations as adopted by the State Board of Chiropractic Examiners.

(7) That the holder of a license is guilty of engaging in any dishonorable, unethical or unprofessional conduct that is likely to deceive or harm the public.

(8) That the holder of a license is guilty of the use of any false or fraudulent statement in any document connected with the practice of chiropractic.

(9) That the holder of a license is guilty of obtaining fees or assisting in obtaining such fees under dishonorable, false or fraudulent circumstances.

(10) That the holder of a license has intentionally violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation or conspiring to violate any provisions or terms of the laws of chiropractic practice.

(11) That the holder of a license is guilty of the commission of any act, during the course of practice conducted pursuant to a license issued under this chapter, that constitutes fraud, dishonest dealing, illegality, incompetence or gross negligence.

In addition to all other remedies and actions provided for in this chapter, the license of any chiropractor adjudged mentally incompetent by any court of competent jurisdiction shall be automatically suspended by the Board until he is adjudged by the court or in any other manner provided by law as being restored to mental competency."

Investigations--subpoenaes--injunction immunity

Section 12. The 1976 Code is amended by adding:

"Section 40-9-95. For the purpose of any investigation or proceeding under the provisions of this chapter, the Board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the Board deems relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, the court of common pleas, upon application by the Board, may issue an order requiring the person to appear before the Board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry.

Whenever the Board has sufficient evidence that any person is violating any provision of this chapter, it may, in addition to all other remedies, order such person to immediately desist and refrain from such conduct. The Board may apply to the court of common pleas for an injunction restraining the person from such conduct. The court may issue a temporary injunction ex parte, and upon notice and full hearing may issue any other order in the matter it deems proper. No bond shall be required of the Board by the court as a condition to the issuance of any injunction or order contemplated by the provisions of this section.

Section 40-9-97. Every communication, whether oral or written made .by or on behalf of any person or firm to the Board or any person designated by it to investigate or otherwise hear matters relating to the revocation, suspension or other restriction on a license or other discipline of a licensee, whether by way of complaint or testimony, shall be privileged; and no action or .proceeding, civil or criminal, shall lie against any such person or firm by or on whose behalf such communication shall have been made by reason thereof, except upon proof that such communication was made with malice.

No provision of this chapter shall be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law, nor to prohibit the respondent from normal access to the charges and evidence filed against him as a part of due process under the law."

Penalties

Section 13. Section 40-9-110 of the 1976 Code is amended to read:

"Section 40-9-110. It shall be unlawful for any person to practice chiropractic in violation of the provisions of this chapter, and any person violating any provisions thereof shall upon conviction be fined not more than five hundred dollars or imprisoned for a period not to exceed thirty days, or both, at the discretion of the court. Each violation shall constitute a separate offense. The provisions of this section shall apply to any person or firm aiding or abetting in any violation of this chapter."

Nonpublic educational institution defined

Section 14. Item (3) of Section 1 of Act 201 of 1977 is amended to read:

"(3) 'Nonpublic educational institution' includes, but is not limited, to, any educational entity that is wholly or partly located in or operating in this State and is not owned or operated in whole or in part by the State, that is maintained and operated as a school, institute, college, junior college, university or entity of whatever kind which furnishes or offers to furnish a degree as defined herein or which furnishes or offers to furnish instructions leading toward or pre-requisite to a degree beyond the secondary level and which requires that in order to obtain a degree the recipient partially or satisfactorily completes appropriate courses or classes or laboratories or research studies in person or by correspondence. 'Nonpublic educational institution' shall not include any degree-granting school, institute, college, junior college, university or entity which was chartered by the Secretary of State before 1953."

Time effective

Section 15. This act shall take effect upon approval by the Governor.