Bill 104

                    Current Status

Bill Number:               104
Ratification Number:       238
Act Number                 136
Introducing Body:          Senate
Subject:                   State Board of Medical Examiners,
                           suspension or revocation of licensure

(A136, R238, S104)

AN ACT TO AMEND SECTION 40-47-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OR REVOCATION OF LICENSURE OR OTHER DISCIPLINARY ACTION AGAINST PERSONS LICENSED BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR A CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS PLUS COSTS AND FOR DISPOSITION OF THESE MONIES, AUTHORIZE THE BOARD TO REQUEST THE ATTORNEY GENERAL'S OFFICE TO MAKE AN INVESTIGATION AND RECOMMENDATION PRIOR TO ISSUING A FORMAL COMPLAINT, MAKE A PLEA OF GUILTY OR NOLO CONTENDRE TO A CRIME EQUIVALENT OF A CONVICTION FOR DISCIPLINARY PURPOSES, PROVIDE FOR IMMEDIATE TEMPORARY SUSPENSION FOR MISCONDUCT REQUIRING ACTION AND A PROCEDURE FOR REINSTATEMENT WHEN CONVICTION REVERSED AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-47-201 TO PROVIDE THAT THE DENIAL, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE MEDICINE IN ANOTHER STATE ON GROUNDS THAT CONSTITUTE MISCONDUCT IN THIS STATE SUPPORTS ACTION FOR DISCIPLINARY ACTION.

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

Board may order revocation or suspension of license

SECTION 1. Section 40-47-200 of the 1976 Code, as last amended by Act 614 of 1976, is further amended to read:

"Section 40-47-200. The State Board of Medical Examiners (board) may, if it has reason to believe grounds exist, order the revocation or suspension of a license to practice medicine or osteopathy, publicly or privately reprimand the holder of a license to practice medicine or osteopathy, or take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board may also impose such restraint upon the medical or osteopathic practice of the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In addition to or in lieu of any action taken by the board affecting the license of any licensee, when it is established that such individual has violated any of the provisions of this chapter or any of the regulations promulgated by the board, the board may require the licensee to pay a civil penalty of up to ten thousand dollars to the board and the costs of the disciplinary action. All penalties must be remitted to the State Treasurer, who must deposit them in a special fund from which the State Board of Medical Examiners shall be reimbursed for administrative costs for each case upon the approval of the Budget and Control Board. At any time when the special fund exceeds twenty thousand dollars, all excess funds must be remitted to the General Fund. Any action of the board relating to the revocation or suspension of a license or other action either restricting a license or limiting or otherwise disciplining a licensee may not be taken until after an initial complaint of misconduct, in writing, has been filed with the board in accordance with regulations promulgated by the board. In subsequently determining whether to approve the issuance of a formal complaint in accordance with regulations promulgated by the board, the board may consult with the Attorney General's office. In so doing, the Attorney General's office, after investigation, must issue a written recommendation to the board. The board may act upon this written recommendation, but no review of the potential testimony or substantive evidence by the board or any individual member of the board shall be permitted. Thereupon, a formal hearing must be held upon thirty days' notice to the complainant and the licensee or their counsel before a panel as provided in Section 40-47-211.

Upon receipt of the panel's report in accordance with Section 40-47-211, the board must notify the complainant and the licensee and their 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 their counsel have the right to appear before the board at such meeting and to submit briefs and be heard in oral argument in opposition to or in support of the recommendations of the panel. The Attorney General's office likewise has the right to appear before the board and to submit briefs and be heard in oral argument where it has participated in the hearing before the panel.

Upon consideration of the report of the panel and of the showing made to the board, the board may:

(a) refer the matter back to the panel for further hearing; or

(b) order a further hearing before the board; or

(c) proceed upon the certified report of the prior proceedings before the panel.

Upon its final review, the board may either dismiss the complaint or find that the licensee is guilty of misconduct meriting sanction. In either event, the board must file a final certified report of the proceedings before it with the secretary of the board and the secretary must forthwith notify the complainant and the licensee and their counsel of such action.

Any decision by the board to revoke, suspend, or otherwise restrict a license or to limit or otherwise discipline a licensee must be by majority vote of the total membership of the board and is subject to review by the circuit court upon petition filed by the licensee with the court and a copy thereof served upon the secretary of the board within thirty days from the date of delivery of the board's decision to the licensee. Such review must be limited to the record established by the board hearing.

Any decision by the board to revoke, suspend, or otherwise restrict a license or to limit or otherwise discipline a licensee becomes effective upon delivery of a copy of such decision to the licensee and a petition for court review does not operate as a supersedeas.

'Misconduct' which constitutes grounds for revocation, suspension, or other restriction of a license or limitation on or other discipline of a licensee is a satisfactory showing to the board of any of the following:

(1) That any false, fraudulent, or forged statement or document 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 has been convicted of, has pled guilty to, or has pled nolo contendere to, a felony or any other crime involving moral turpitude or drugs. For purposes of this provision, 'drugs' shall include any substance whose possession, use, or distribution is governed by Section 44-53-110 through Section 44-53-580 (Narcotics and Controlled Substances) or which is listed in the current edition of the Physician's Desk Reference.

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

(4) That the holder of a license has been convicted of the illegal or unauthorized practice of medicine or osteopathy.

(5) That the holder of a license has knowingly performed any act which in any way assists an unlicensed person to practice medicine or osteopathy.

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

(7) That the holder of a license has violated the principles of ethics as adopted by the State Board of Medical Examiners and published in its regulations.

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

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

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

(12) That the holder of a license is guilty of violating the code of medical ethics adopted by the board in accordance with Section 40-47-20 or has been found by the board to lack the ethical or professional competence to practice medicine or osteopathy.

In addition to all other remedies and actions incorporated in this chapter, the license of any physician (medical or osteopathic) adjudged mentally incompetent by any court of competent jurisdiction must be automatically suspended by the board until he is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.

Further, the license of any person who is convicted of, or who pleads guilty or nolo contendere with respect to, those crimes mentioned under item (2) of this section shall be immediately temporarily suspended pending final disposition of a disciplinary proceeding to be commenced upon the conviction or the filing of a plea of guilty or nolo contendere. Any person so suspended must be reinstated immediately upon the filing of a certificate that the conviction has been reversed. The reinstatement shall not terminate any disciplinary action pending against such person."

Denial, revocation, etc., to practice medicine in another State

supports action for disciplinary action

SECTION 2. The 1976 Code is amended by adding:

"Section 40-47-201. Acts or omissions by a licensee causing the denial, revocation, suspension, or restriction of a license to practice medicine in another state will support the issuance of a formal complaint and the commencement of disciplinary proceedings as described in Section 40-47-200 and, if required by law, pursuant to Section 40-47-211. This provision applies only when the disciplinary action taken in another state is based on grounds that would constitute misconduct under Section 40-47-200.

Proof of such acts or omissions may be shown by a copy of the transcript of record of the disciplinary proceedings in another state or a copy of the final order, consent order, or similar order stating the basis for the action taken.

Upon the filing of an initial complaint alleging that the licensee has been disciplined in another state, the licensee must produce for the State Board of Medical Examiners or the Medical Disciplinary Commission of the board, if required by law, copies of all transcripts, documents, and orders used, relied upon, or issued by the licensing authority in the other state. Failure to produce such items within ninety days of the board's or Medical Disciplinary Commission's request for them shall result in the suspension of the individual's license to practice medicine in this State until such time as the items have been supplied to the board or the Medical Disciplinary Commission.

The licensee may present mitigating testimony to the board or the Medical Disciplinary Commission regarding disciplinary action taken in another state or evidence that the acts or omissions committed in another state do not constitute misconduct under Section 40-47-200."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.