Current Status Introducing Body:Senate Bill Number:256 Ratification Number:83 Act Number:45 Primary Sponsor:Drummond Type of Legislation:GB Subject:Chiropractic Examiners Board Companion Bill Number:3224 Date Bill Passed both Bodies:19930429 Computer Document Number:436/12769AC.93 Governor's Action:S Date of Governor's Action:19930517 Introduced Date:19930120 Date of Last Amendment:19930422 Last History Body:------ Last History Date:19930517 Last History Type:Act No. 45 Scope of Legislation:Statewide All Sponsors:Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
256 ------ 19930517 Act No. 45
256 ------ 19930517 Signed by Governor
256 ------ 19930511 Ratified R 83
256 Senate 19930429 Concurred in House amendment,
enrolled for ratification
256 House 19930427 Read third time, returned to
Senate with amendment
256 House 19930422 Amended, read second time
256 House 19930414 Committee Report: Favorable 30
with amendment
256 House 19930331 Referred to Committee 30
256 House 19930331 Recalled from Committee 27
256 House 19930318 Introduced, read first time, 27
referred to Committee
256 Senate 19930317 Read third time, sent to House
256 Senate 19930316 Read second time
256 Senate 19930311 Committee Report: Favorable 13
256 Senate 19930120 Introduced, read first time, 13
referred to Committee
View additional legislative information at the LPITS web site.
(A45, R83, S256)
AN ACT TO AMEND SECTION 40-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND POWERS OF THE BOARD OF CHIROPRACTIC EXAMINERS, SO AS TO AUTHORIZE THE BOARD TO ASSESS CIVIL FINES AND COLLECT COSTS FOR INVESTIGATIONS AND HEARINGS AND TO DELETE DUPLICATE PROVISIONS RELATING TO HEARING PROCEDURES; TO AMEND SECTION 40-9-31, RELATING TO REVOCATION OR SUSPENSION OF A LICENSE, SO AS TO ALSO ALLOW ASSESSMENT OF A CIVIL FINE UP TO TWO THOUSAND DOLLARS; TO REPEAL SECTION 40-9-100, RELATING TO DISPOSITION OF EXCESS FUNDS; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
Board authorized to collect costs for investigations and conducting proceedings
SECTION 1. Section 40-9-30 of the 1976 Code is amended to read:
"Section 40-9-30. (A) There is created the South Carolina Board of Chiropractic Examiners consisting of eight members. One licensed chiropractor must be appointed by the Governor from each congressional district and must be a chiropractor residing and practicing in the district the chiropractor represents. The board shall certify in writing to the Governor the names of the two nominees who received the highest number of votes in each district's election conducted pursuant to Section 40-9-37. The Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. One member of the board, who must be a licensed and practicing chiropractor, must be appointed by the Governor from the State at large, and one member, who may not be a member of the chiropractic or medical profession, must be appointed by the Governor. The conduct of the balloting for the nominees for the board from the respective congressional districts is the responsibility of the Board of Chiropractic Examiners. Each chiropractic member must be a licensed and practicing chiropractor in South Carolina in good standing for a period of five years preceding the date of appointment to the board.
(B) All terms are for four years and until their successors are appointed and qualify. The Governor may remove a member of the board who is guilty of continued neglect of board duties, guilty of a misdemeanor or a felony, or who is found to be incompetent. No member may be removed without first giving the member an opportunity to refute the charges filed against that member who must be given a copy of the charges at the time they are filed.
(C) The South Carolina Board of Chiropractic Examiners shall meet at least twice a year at a time and place as determined by the board. The board shall hold elections for its officers each year. The board may call additional meetings when necessary for the transaction of board business. The board shall adopt regulations for its government, for judging the professional and ethical competence of chiropractors, including compliance with the code of chiropractic ethics, and for the discipline of chiropractors. A majority of the board constitutes a quorum for the transaction of business.
(D) The board may:
(1) establish suitable procedures for carrying out its duties pursuant to this chapter;
(2) execute certificates which must be accepted in the courts of this State as the best evidence of the minutes of the board and the best evidence of whether a person is registered under the requirements of this chapter;
(3) adopt and revise regulations not inconsistent with the law as may be necessary to carry out this chapter including, but not limited to, regulations concerning patient care and treatment, solicitation of patients, and advertising; however, the board may not prohibit or discriminate against advertising in any particular media;
(4) conduct investigations and cause the prosecution of all persons violating this chapter and have power to incur necessary expenses for this;
(5) keep a record of all its proceedings;
(6) employ persons as may be necessary to carry out the work of the board;
(7) fix the time for holding its meetings;
(8) examine, license, and renew the licenses of qualified applicants and certify applicants as to their ability and as to the degree of their practice of chiropractic as authorized under the laws of this State; however, the nonchiropractic member of the board may not participate in the examination of a license applicant on matters of technical or professional nature; the board shall use the National Board Examination of the National Board of Chiropractic Examiners in lieu of the state written examination for persons graduating from an approved chiropractic college pursuant to Section 40-9-40 after July 1, 1982;
(9) judge the professional and ethical competence of chiropractors, establish a code of chiropractic ethics, and provide for the discipline of chiropractors;
(10) order the revocation, suspension, or restriction of the license of a licensee to practice chiropractic or take other disciplinary action, including assessing a civil fine for a violation of this chapter;
(11) assess and collect costs from a licensee for investigating a complaint and conducting proceedings pursuant to this chapter."
Board authorized to assess civil fines
SECTION 2. Section 40-9-31 of the 1976 Code is amended to read:
"Section 40-9-31. (A) An action of the board relating to the revocation or suspension of a license or other action restricting a license or disciplining a licensee must be taken only after a written complaint of misconduct has been filed with the board in accordance with regulations promulgated by the board. After receiving a complaint a closed hearing must be held by an examiner selected by the board after thirty days' notice to the complainant and the licensee or their counsel. The Attorney General's office, upon request of the board, shall present the case for the complainant before the examiner. Upon receipt of the examiner's report, the board shall notify the complainant and the licensee and the licensee's counsel of the time and place at which the board will consider the report for the purpose of determining its action on the report; the notice must be given not less than ten days before the meeting. The complainant and the licensee and the licensee's counsel have the right to appear before the board at the meeting, submit briefs, and be heard in oral argument in opposition to or in support of the recommendations of the board. The Attorney General's office also has the right to appear before the board and submit briefs and be heard in oral argument. Upon its final review the board may either dismiss the complaint or find that the licensee is guilty of misconduct meriting sanction. The board shall file a final certified report of the proceedings before it with the secretary of the board who shall notify the complainant and the licensee and the licensee's counsel of this action. A decision of the board to revoke, suspend, or restrict a license or to limit or discipline a person engaging in the practice of chiropractic requires a majority vote of the membership of the board. The board's decision may be appealed to the circuit court, which shall hear the matter de novo upon petition filed by the licensee with the court and served upon the secretary of the board within ten days from the date of delivery of the board's decision to the licensee. A decision by the board to revoke, suspend, or restrict a license or to limit or discipline a licensee or one who is found to be practicing chiropractic without complying with this chapter is not effective until the tenth day following the date of delivery of a written copy of the decision to the licensee. Service of a petition for a review of the decision stays the board's decision pending completion of the appellate process.
(B) If a licensee is found to have violated this chapter or a regulation promulgated under this chapter, in addition to or instead of taking action to revoke, suspend, or restrict the license of the licensee, the board may assess a civil fine of up to two thousand dollars for each violation, but the total fine may not exceed ten thousand dollars."
Repeal
SECTION 3. Section 40-9-100 of the 1976 Code is repealed.
Board reauthorized
SECTION 4. In accordance with Section 1-20-60 of the 1976 Code the existence of the South Carolina Board of Chiropractic Examiners is reauthorized for six years.
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 17th day of May, 1993.