Bill 156

                    Current Status

Bill Number:               156
Ratification Number:       205
Act Number:                136
Introducing Body:          Senate
Subject:                        General provisions concerning
                           physicians, surgeons, and osteopaths

(A136, R205, S156)

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 40-47-213, SO AS TO, AMONG OTHER THINGS, REGULATE THE DISCUSSING OF ANY TESTIMONY OR OTHER EVIDENCE IN ANY COMPLAINT, INVESTIGATION, OR OTHER PROCEEDING BEFORE THE STATE BOARD OF MEDICAL EXAMINERS (BOARD) AND ALLOW THE BOARD TO RELEASE INFORMATION INDICATING A VIOLATION OF STATE OR FEDERAL LAW UNDER CERTAIN CONDITIONS; TO ALLOW A REPRESENTATIVE OF THE SOUTH CAROLINA ACADEMY OF PHYSICIANS' ASSISTANTS THE PRIVILEGE OF ATTENDANCE AT ALL BOARD MEETINGS, PROVIDE THAT THIS REPRESENTATIVE MUST BE PERMITTED TO SPEAK TO MATTERS AFFECTING PHYSICIANS' ASSISTANTS, AND PROVIDE THAT THIS REPRESENTATIVE IS NOT A MEMBER OF THE BOARD AND IS NOT ENTITLED TO VOTE; AND TO AMEND CHAPTER 47 OF TITLE 40 BY ADDING SECTION 40-47-165, SO AS TO PROVIDE THAT IF A PHYSICIAN HAS APPLIED FOR OR BEEN GRANTED A LIMITED OR TEMPORARY LICENSE IN THIS STATE BEFORE DECEMBER 31, 1984, AND HAS BEEN SANCTIONED BY ANOTHER STATE, HIS LICENSE IN THIS STATE MUST BE LIMITED BY CERTAIN CONDITIONS OR RESTRICTIONS.

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

Person may not disclose information

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

"Section 40-47-213. No person connected with any complaint, investigation, or other proceeding before the board, including, but not limited to, any witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator, may mention the existence of the complaint, investigation, or other proceeding, disclose any information pertaining to the complaint, investigation, or other proceeding, or discuss any testimony or other evidence in the complaint, investigation, or other proceeding, except to persons involved and having a direct interest in the complaint, investigation, or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. However, whenever the board receives information in any complaint, investigation, or other proceeding before it indicating a violation of state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body. Nothing contained in this section may be construed so as to prevent the board from making public a copy of its final order in any proceeding as authorized or required by law."

Representative to have attendance rights

SECTION 2. A representative of the South Carolina Academy of Physicians' Assistants has the privilege of attendance at all meetings of the State Board of Medical Examiners (board) and must be permitted to speak to matters affecting physicians' assistants. However, this representative is not a member of the board and is not entitled to vote.

Limited or temporary license

SECTION 3. Chapter 47 of Title 40 of the 1976 Code is amended by adding:

"Section 40-47-165. Notwithstanding any other provisions of this chapter, if a physician has applied for or been granted a limited or temporary license in South Carolina prior to December 31, 1984, and has been sanctioned by another state, that physician's license in South Carolina must be limited, at minimum, by the same disciplinary conditions or restrictions imposed by the previous disciplining state."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.