South Carolina General Assembly
106th Session, 1985-1986

Bill 128


                    Current Status

Bill Number:               128
Ratification Number:       138
Act Number:                93
Introducing Body:          Senate
Subject:                        General provisions concerning
                           physicians, surgeons, and osteopaths
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A93, R138, S128)

AN ACT TO AMEND ARTICLE 1 OF CHAPTER 47 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS CONCERNING PHYSICIANS, SURGEONS, AND OSTEOPATHS, BY ADDING SECTION 40-47-202, SO AS TO PROVIDE FOR THE IMPOSITION OF VARIOUS PENALTIES BY THE STATE BOARD OF MEDICAL EXAMINERS FOR CONDUCT WHICH SUBVERTS OR ATTEMPTS TO SUBVERT THE SECURITY OR INTEGRITY OF THE MEDICAL LICENSING EXAMINATION PROCESS, AND TO DEFINE THAT CONDUCT; TO AMEND SECTION 40-47-10, AS AMENDED, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND EFFECT CERTAIN CHANGES REGARDING THE QUALIFICATIONS AND TERMS OF THE BOARD'S MEMBERS, THE APPOINTMENT AND NOMINATION OF THE MEMBERS, AND THE FILLING OF VACANCIES; TO AMEND SECTION 40-47-211, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, PROVIDE FOR THE NUMBER OF MEMBERS, PROVIDE FOR THEIR ELECTION AND TERMS, PROVIDE THAT MEMBERS APPOINTED TO THE BOARD MAY NOT SIMULTANEOUSLY SERVE AS A COMMISSIONER, AND REQUIRE THAT CERTAIN HEARINGS BE CONDUCTED IN ACCORDANCE WITH ACT 176 OF 1977 (ADMINISTRATIVE PROCEDURES ACT) AND WITH REGULATIONS PROMULGATED BY THE BOARD; TO PROVIDE FOR THE APPOINTMENT OF AN INTERIM STATE BOARD OF MEDICAL EXAMINERS, SERVICE OF INTERIM BOARD MEMBERS, AND THE EFFECT OF REGULATIONS PROMULGATED BY THE BOARD AS IT EXISTED ON APRIL 1, 1985; TO AMEND SECTION 40-47-160, RELATING TO RECIPROCAL CERTIFICATION BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROHIBIT THE BOARD FROM GRANTING RECIPROCITY OR ISSUING A LIMITED OR TEMPORARY OR PERMANENT LICENSE TO CERTAIN LICENSED PHYSICIANS OR INTERNS; AND TO AMEND CHAPTER 47 OF TITLE 40, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, BY ADDING SECTION 40-47-5, SO AS TO PROVIDE A DEFINITION FOR "PHYSICIAN" OR "SURGEON" FOR THE PURPOSES OF THAT CHAPTER.

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

Individual may be disqualified from the practice of medicine

SECTION 1. Article 1 of Chapter 47 of Title 40 of the 1976 Code is amended by adding:

"Section 40-47-202. Any individual found by the board to have engaged in conduct which subverts or attempts to subvert the security or integrity of the medical licensing examination process may, in the discretion of the board, have his scores on the licensing examination withheld or declared invalid, be disqualified from the practice of medicine, or be subjected to the imposition of any other appropriate sanction provided by Section 40-47-200.

Conduct which subverts or attempts to subvert the security or integrity of the medical licensing examination process includes, but is not limited to:

(1) conduct which violates the security of examination materials, including, but not limited to, the improper reproduction or reconstruction of any portion of the licensing examination; aiding in the improper reproduction or reconstruction of any portion of the licensing examination; or selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future, current, or previously administered licensing examination.

(2) conduct which violates the standard of test administration, including, but not limited to, improperly communicating with any other examinee during the administration of a licensing examination; copying answers from another examinee or permitting one's own answers to be copied by another examinee during the administration of a licensing examination; or having in one's possession during the administration of a licensing examination any books, notes, other written or printed materials, or data of any kind other than the examination materials or other materials authorized by the board.

(3) conduct which violates the credentials process, including, but not limited to, falsifying or misrepresenting educational credentials or other information required for admission to the licensing examination, impersonating an examinee, or having an impersonator take the licensing examination in one's behalf."

State Board of Medical Examiners created - composition, terms

SECTION 2. Section 40-47-10 of the 1976 Code, as last amended by Act 116 of 1981, is further amended to read:

"Section 40-47-10. There is created the State Board of Medical Examiners (board) to be composed of ten members, one of whom must be a lay member, one of whom must be a doctor of osteopathy, two of whom must be physicians or surgeons from the State-at-large, and six of whom must be physicians or surgeons representing each of six congressional districts. All members of the board must be residents of this State, and each member representing a congressional district shall reside and practice in the district he represents. All physician members of the board must be licensed by the board and must be practicing their profession.

The initial terms of the members of the board are as follows or until their successors are appointed and qualify: the lay member and one physician or surgeon from the State-at-large shall serve for a term of one year; the members from the first and sixth congressional districts shall serve for terms of two years; the members from the second and fifth congressional districts and the doctor of osteopathy shall serve for terms of three years; and the members from the third and fourth congressional districts and one physician or surgeon from the State-at-large shall serve for terms of four years. The successors of the initial members of the board shall serve for terms of four years or until their successors are appointed and qualify.

The members of the board are limited to two terms. All members of the board have full voting rights.

The lay member and one physician or surgeon from the State-at-large must be appointed by the Governor, with the advice and consent of the Senate. The board shall conduct an election to nominate one physician or surgeon from the State-at-large. The election shall provide for participation by all physicians or surgeons currently licensed and residing in South Carolina. To nominate the physicians or surgeons who will represent the six congressional districts the board shall conduct an election within each district. These elections shall provide for participation by all licensed physicians residing in the particular district. The board shall conduct an election to nominate the doctor of osteopathy from the State-at-large, and this election shall provide for participation by any physician currently licensed in South Carolina as a doctor of osteopathy. The board shall certify in writing to the Governor the results of each election. The Governor may reject any or all of the nominees upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of the nominees so submitted, additional nominees must be submitted in the same manner following another election. Vacancies must be filled in a like manner by appointment by the Governor, with the advice and consent of the Senate, for the unexpired portion of the term.

The Governor may remove any member of the board who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional, or dishonorable. No member must be removed without first giving him an opportunity to refute the charges filed against him. The member must be given a copy of the charges at the time they are filed against him."

Medical Disciplinary Commission created - composition, terms, etc.

SECTION 3. Section 40-47-211 of the 1976 Code is amended to read:

"Section 40-47-211. There is created the Medical Disciplinary Commission of the State Board of Medical Examiners to be composed of eighteen members. The members of the commission must be licensed physicians practicing their profession, and three commissioners must be elected from each of the six congressional districts. The board shall conduct the elections, and the elections shall provide for participation by any physician currently licensed in South Carolina and residing in the congressional district in which the election is held. 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 three terms. The members appointed to the board 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.

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 (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. 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 of the board within ten days from the date of the hearing, and a copy of the report must be delivered to the complainant and the licensee and their counsel."

Governor shall appoint interim board

SECTION 4. The Governor shall appoint an interim State Board of Medical Examiners. Interim board members shall serve until the time the board is appointed pursuant to the provisions of this act. Regulations promulgated by the board as it existed on April 1, 1985, are in effect until regulations are promulgated by the board established in the provisions of this act.

Reciprocity

SECTION 5. Section 40-47-160 of the 1976 Code is amended by adding at the end:

"The State Board of Medical Examiners shall not grant reciprocity or issue a limited or temporary or permanent license to a licensed physician or an intern of another state of the United States whose license is currently restricted in any way or who is currently on a probationary status in that state.

The State Board of Medical Examiners shall not grant reciprocity or issue a limited or temporary or permanent license to a licensed physician or an intern of another state of the United States who currently has disciplinary action pending against him in that state."

Definition

SECTION 6. Chapter 47 of Title 40 of the 1976 Code is amended by adding:

"Section 40-47-05. As used in this chapter, 'physician' or 'surgeon' shall mean a doctor of medicine."

Time effective

SECTION 7. This act shall take effect upon approval by the Governor.