Bill 870

                    Current Status

Bill Number:               870
Ratification Number:       482
Act Number                 393
Introducing Body:          Senate
Subject:                   Relating to the Board of Podiatry
                           Examiners

(A393, R482, S870)

AN ACT TO AMEND SECTIONS 40-51-30; 40-51-60, AS AMENDED; 40-61-70; 40-51-80; 40-51-100, AS AMENDED; 40-51-110, AS AMENDED; 40-51-140, AS AMENDED; 40-51-170; 40-51-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO CHANGE THE COMPOSITION OF THE BOARD AND THE PROCEDURES FOR THE APPOINTMENT AND REMOVAL OF THE MEMBERS, TO ESTABLISH THEIR TERMS, TO PROVIDE THAT THE ATTORNEY GENERAL SHALL ACT AS LEGAL ADVISOR TO THE BOARD, TO PROVIDE THAT THE BOARD SHALL DETERMINE FEES BY REGULATION, REMOVE STATUTORY FEE REQUIREMENTS, TO PROVIDE FOR REGULATIONS RELATING TO EXAMINATIONS AND MEETINGS, TO ESTABLISH THE EXAMINATIONS WHICH MAY BE GIVEN TO APPLICANTS FOR CERTIFICATION, TO PROVIDE TEMPORARY AND PERMANENT CERTIFICATION TO PRACTICE PODIATRY, TO PROVIDE FOR AN ANNUAL REPORT IN ACCORDANCE WITH THE PROVISIONS OF ACT 165 OF 1979, TO PROVIDE FOR THE PAYMENT OF REVENUES TO THE STATE TREASURER, TO REQUIRE ASSESSMENTS, FEES, AND LICENSES TO BE LEVIED IN AN AMOUNT EQUAL TO APPROPRIATIONS TO THE BOARD; AND TO AMEND THE CODE BY ADDING SECTIONS 40-51-65 AND 40-51-270 SO AS TO ESTABLISH QUALIFICATIONS FOR LICENSING TO PRACTICE PODIATRIC MEDICINE AND TO PROHIBIT MEMBERS OF THE BOARD OF PODIATRY EXAMINERS FROM SERVING AS OFFICERS OF STATE PODIATRY ASSOCIATIONS DURING THEIR TENURE ON THE BOARD, AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF PODIATRY EXAMINERS.

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

Governor to appoint Board of Podiatry Examiners

Section 1. Section 40-51-30 of the 1976 Code is amended to read:

"Section 40-51-30. For the purpose of carrying out the provisions of this chapter, the Governor shall appoint a Board of Podiatry Examiners, to consist of three podiatrists, actually engaged in such practice in the State and one consumer member. Nominations for appointment to the Board shall be received by the Governor from any individual, group or association. The members of the Board shall be appointed by the Governor for terms of two years, respectively. 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 Board of Medical Examiners shall designate one medical doctor as a consultant to the Board. The Attorney General of South Carolina shall act as legal advisor to the Board with power to prosecute any violation of the provisions of this chapter."

Fee

Section 2. Section 40-51-60 of the 1976 Code, as last amended by Section 1 of Act 77 of 1981, is further amended to read:

"Section 40-51-60. Any person desiring to enter into the practice of podiatry in this State shall pay a fee to be determined by regulation of the Board."

Board to conduct examination

Section 3. The 1976 Code is amended by adding:

"Section 40-51-65. It shall be unlawful for any person to practice podiatric medicine in this State without first obtaining a license from the Board.

The Board shall conduct an examination of any applicant who submits satisfactory evidence that he:

(a) has received four years of high school training;

(b) has completed at least three years of pre-podiatry training at a recognized college;

(c) has received a diploma or certificate of graduation from a recognized college of podiatric medicine having a minimum requirement of four consecutive scholastic years, embracing at least nine months of instruction each year, a minimum of three thousand three hundred and sixty hours in the different calendar years.

Any applicant shall be registered, if found qualified, and shall receive a temporary license to practice podiatry."

Regulations

Section 4. Section 40-51-70 of the 1976 Code is amended to read:

"Section 40-51-70. The Board may make such regulations as it may deem necessary to conduct its examinations and meetings. It shall provide such books, blanks, and forms as may be necessary to conduct such examinations and shall preserve and keep a complete record of all its transactions."

Examination

Section 5. 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 as the Board deems necessary. Each successful applicant if he has completed all requirements shall be eligible for a certificate to practice podiatric medicine."

Fee

Section 6. Section 40-51-100 of the 1976 Code, as last amended by Section 2 of Act 77 of 1981, is further amended to read:

"Section 40-51-100. Each 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 be returned to the applicant. Any applicant who fails to pass an examination shall be entitled to a reexamination within six months upon payment of the original examination fee, but only two such reexamination shall be permitted under the privilege of the original application."

License may be issued

Section 7. Section 40-51-110 of the 1976 Code, as last amended by Section 3 of Act 77 of 1981, is further 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 podiatrist or chiropodist who has been practicing his profession in any state for a period of one year or more, who has been duly licensed by a state board and who has enjoyed during such time good professional repute, may upon presentation of proper credentials be issued a license without examination."

Fee

Section 8. Section 40-51-140 of the 1976 Code, as last amended by Section 4 of Act 77 of 1981, is further amended to read:

"Section 40-51-140. Every person licensed to practice podiatry or chiropody must pay an annual renewal license fee which shall be established by regulation of the Board. If such renewal fee is not paid within three months after the date of notification by the secretary that such fee is due, the license of the person so failing to pay shall be suspended or revoked and shall be reissued only by a majority vote of the Board of Podiatry Examiners and upon payment of a late fee established by the Board."

Revenues and income to be remitted to State Treasurer

Section 9. Section 40-51-170 of the 1976 Code is amended to read:

"Section 40-51-170. All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any other Board source or activity shall be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall be credited to the general fund of the State. All assessments, fees or licenses shall be levied in an amount sufficient to at least equal the amount appropriated in the annual general appropriations act for the Board, plus any additional funds allocated by the Budget and Control Board for implementation of the State's Personnel Compensation Plan."

Board to make annual report

Section 10. Section 40-51-190 of the 1976 Code is amended to read:

"Section 40-51-190. The Board shall report annually in accordance with the provisions of Act 165 of 1979."

Prohibition on serving on State Podiatry Association

Section 11. The 1976 Code is amended by adding:

"Section 40-51-270. No member of the Board may serve as an officer in any state podiatry association during his tenure on the Board."

Board reauthorized

Section 12. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the State Board of Podiatry Examiners is reauthorized for six years.

Time effective

Section 13. This act shall take effect upon the approval by the Governor.