Bill 4653

                    Current Status

Bill Number:               4653
Ratification Number:       506
Act Number                 432
Introducing Body:          House
Subject:                   Examination of physicians

(A432, R506, H4653)

AN ACT TO AMEND SECTION 40-47-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDS FOR THE EXAMINATION OF PHYSICIANS, SO AS TO PROVIDE AN EXCEPTION FOR THE SPECIAL PURPOSE EXAMINATION REQUIREMENT AND FOR THE CIRCUMSTANCES UNDER WHICH THE REQUIREMENT APPLIES.

Whereas, this State provides health care to thousands of South Carolinians through its agencies; and

Whereas, recruitment and retention of physicians is a critical need in the state's effort to provide basic health and mental health services to the public sector in desperate need of care; and

Whereas, the State is unable to offer competitive compensation or consideration to physicians employed in the public sector; and

Whereas, it is in the best interest of South Carolina to ensure adequate and appropriate health and mental health services to the public sector. Now, therefore,

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

Physicians; special purpose examination requirement exception

SECTION 1. Section 40-47-140 of the 1976 Code, as last amended by Act 180 of 1989, is further amended to read:

"Section 40-47-140. The board by regulation shall establish minimum standards of performance to be attained on examinations for an applicant to qualify for a license.

For FLEX examinations taken before June 1, 1985, the following standards apply:

An applicant for permanent licensure shall obtain, in one sitting, a score of at least seventy-five on each day of the examination. If the applicant has a FLEX weighted average of seventy-five or more with no daily score below seventy, the board may accept this score if the applicant currently is board certified by a specialty board recognized by the American Board of Medical Specialities.

For FLEX examinations taken after June 1, 1985, the following standards apply:

An applicant for permanent licensure shall obtain a score of seventy-five or more on both Component I and Component II. An applicant shall pass both Components within five years of the first taking of any Component of this examination.

For the SPEX (Special Purpose) examination, the following standards apply:

An applicant for permanent licensure who has not passed National Boards, FLEX, SPEX, or been certified or recertified by a Specialty Board recognized by the American Board of Medical Specialities within ten years of the date of his application to this board, shall pass the SPEX exam. A passing score on the SPEX examination is seventy-five or better. This requirement is in addition to all other requirements for licensure. The SPEX examination requirement does not apply to a physician employed full time by the South Carolina Department of Corrections, South Carolina Department of Health and Environmental Control, State Department of Mental Health, and State Mental Retardation Department acting within the scope of his employment. A license issued to this physician is revoked immediately if he leaves the full-time employment or acts outside his scope of employment. However, the SPEX examination requirement applies to a physician providing services under a contract for the State and a physician providing services for which there is an expectation of payment, is payment for services, or should have been payment from a source other than the salary the physician receives from the State."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 25th day of April, 1990.