Bill 3580

                    Current Status

Bill Number:               3580
Ratification Number:       519
Act Number                 467
Introducing Body:          House
Subject:                   To reauthorize the existence of the Board
                           of Podiatry Examiners for six years

(A467, R519, H3580)

AN ACT TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-51-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PODIATRY, SO AS TO PROVIDE GROUNDS AND PROCEDURE FOR THE SUSPENSION AND REVOCATION OF LICENSES TO PRACTICE PODIATRY; AND TO REPEAL SECTIONS 40-51-210 AND 40-51-250 RELATING TO PROHIBITION AGAINST CORPORATE PRACTICE OF PODIATRY OR PRACTICE IN CONNECTION WITH A COMMERCIAL ESTABLISHMENT.

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

Procedure for revoking podiatry licenses

SECTION 1. Section 40-51-160 of the 1976 Code is amended to read:

"Section 40-51-160. The State Board of Podiatry, if it has reason to believe grounds exist, shall notify a licensee not less than thirty days before a scheduled hearing of its intention to suspend or revoke the license of the licensee. The notice must specify the alleged grounds for suspension or revocation and offer the licensee reasonable opportunity to be heard in answer to the allegations. The decision to suspend or revoke the license must be by majority vote of the total membership of the Board. Any decision of the Board to revoke or suspend a license is subject to review under the Administrative Procedures Act (Article 3, Chapter 23 of Title 1).

A decision to suspend or revoke a license by the Board is effective upon delivery of a copy of the decision to the licensee and a petition for court review is not a supersedeas.

The grounds for revocation or suspension of a license are 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 a felony or any other crime involving moral turpitude, drugs, or gross immorality;

(3) that the holder of a license is addicted to alcohol or drugs to such a degree as to render the podiatrist unfit to practice podiatry;

(4) that the holder of a license has been convicted of the illegal or unauthorized practice of podiatry;

(5) that the holder of a license has knowingly performed any act which in any way assists an unlicensed person to practice podiatry;

(6) that the holder of a license has sustained any physical or mental disability which renders further practice by the podiatrist dangerous to the public;

(7) that the holder of a license has engaged in advertising for the practice of podiatry in a manner that is deceptive or untruthful;

(8) that the holder of a license is guilty of the performance of 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 podiatry;

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

(11) that the holder of a license has 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 podiatry practice laws.

In addition to all other remedies and actions incorporated in this article, the license of any person adjudged mentally incompetent by any court of competent jurisdiction is 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."

Repeal

SECTION 2. Sections 40-51-210 and 40-51-250 of the 1976 Code are repealed.

State Board of Podiatry Examiners reauthorized

SECTION 3. In accordance with Section 7 of Act 608 of 1978, the existence of the State Board of Podiatry Examiners is reauthorized for six years.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.