Current Status Bill Number:
3307Ratification Number: 261Act Number: 241Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950118Primary Sponsor: J. BrownAll Sponsors: J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport, JaskwhichDrafted Document Number: br1\18039ac.95Date Bill Passed both Bodies: 19960214Date of Last Amendment: 19960213Governor's Action: U Became law without signature of GovernorDate of Governor's Action: 19960307Subject: Podiatrists
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960313 Act No. A241 ------ 19960307 Unsigned, became law without signature of Governor ------ 19960229 Ratified R261 Senate 19960214 Concurred in House amendment, enrolled for ratification House 19960213 Senate amendments amended, returned to Senate with amendment House 19960206 Debate adjourned on Senate amendments until Tuesday, 19960213 House 19960118 Debate adjourned on Senate amendments until Tuesday, 19960206 Senate 19960111 Amended, read third time, returned to House with amendment Senate 19960110 Amended, read second time, ordered to third reading with notice of general amendments Senate 19950524 Committee report: Favorable with 13 SMA amendment Senate 19950131 Introduced, read first time, 13 SMA referred to Committee House 19950125 Read third time, sent to Senate House 19950124 Amended, read second time House 19950118 Introduced, read first time, placed on Calendar without referenceView additional legislative information at the LPITS web site.
(A241, R261, H3307)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-51-57 SO AS TO REQUIRE A POST-PODIATRIC MEDICAL FORMAL PRECEPTORSHIP OR RESIDENCY PROGRAM AND TO AUTHORIZE ISSUANCE OF LIMITED LICENSES WHILE IN SUCH PROGRAM; TO AMEND SECTION 40-51-30, AS AMENDED, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO PROVIDE FOR THE ELECTION OF PODIATRIC NOMINEES TO THE BOARD FROM DISTRICTS CREATED IN THE STATE AND TO PROVIDE ELECTION PROCEDURES; TO AMEND SECTION 40-51-40, RELATING TO THE BOARD'S AUTHORITY TO PROMULGATE REGULATIONS, SO AS TO INCLUDE REGULATIONS ESTABLISHING CONTINUING EDUCATION REQUIREMENTS; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATION OF APPLICANTS FOR LICENSURE, SO AS TO EXPAND THE TYPE OF EXAMINATIONS THAT THE BOARD MAY ADMINISTER AND REQUIRE EXAMINATIONS TO BE OFFERED TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCAL LICENSURE AND LICENSURE BY ENDORSEMENT, SO AS TO DELETE PROVISIONS RELATING TO LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO DISPLAY AND RECORDING OF LICENSES, SO AS TO DELETE PROVISIONS REQUIRING RECORDING OF A LICENSE WITHIN THE COUNTY CLERK OF COURT; TO AMEND SECTION 40-51-140, RELATING TO LICENSE RENEWAL FEES, SO AS TO REQUIRE THE BOARD TO ESTABLISH THIS FEE IN REGULATIONS AND TO REQUIRE TWELVE HOURS OF CONTINUING EDUCATION FOR RENEWAL AND PENALTIES FOR FAILURE TO COMPLY; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY PROCEDURES AND GROUNDS FOR DISCIPLINE, SO AS TO REVISE THE THRESHOLD FOR INITIATING THESE PROCEDURES AND UNDER CERTAIN CIRCUMSTANCES TO REQUIRE A LICENSEE OR APPLICANT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION AND TO AUTHORIZE THE BOARD TO OBTAIN RECORDS; TO AMEND SECTION 44-7-70, RELATING TO HEALTH CARE FACILITIES REPORTING TO THE STATE BOARD OF MEDICAL EXAMINERS THE RESULTS OF ACTIONS TAKEN AGAINST A PHYSICIAN'S PRACTICE PRIVILEGES, SO AS TO ALSO REQUIRE SUCH REPORTING ON PODIATRISTS TO THE BOARD OF PODIATRY EXAMINERS; AND TO REPEAL SECTION 40-51-90, RELATING TO PASSING SCORES ON PODIATRY EXAMINATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Preceptorships and residency programs
SECTION 1. The 1976 Code is amended by adding:
"Section 40-51-57. (A) In addition to all licensing requirements provided for in this chapter, an applicant for licensure must have completed a one-year post-podiatric medical formal preceptorship or residency program approved by the American Association of Podiatric Physicians and Surgeons or the American Podiatric Medical Association.
(B) The board may issue limited licenses to podiatrists participating in approved preceptorship or residency programs."
Reconstitution and election of board nominees
SECTION 2. Section 40-51-30 of the 1976 Code, as last amended by Act 28 of 1993, is further amended to read:
"Section 40-51-30. (A) There is created the Board of Podiatry Examiners to be composed of five members, appointed by the Governor with the advice and consent of the Senate, one of whom must be a lay member from the State at large, one of whom must be a podiatrist from the State at large who shall serve as chairman, and three of whom must be podiatrists, one from each of these districts:
(1) the Upper District comprised of Oconee, Pickens, Anderson, Greenville, Spartanburg, Cherokee, Union, York, Chester, Fairfield, Lancaster, Newberry, Saluda, Edgefield, McCormick, Greenwood, Laurens, and Abbeville counties;
(2) the Central District comprised of Kershaw, Chesterfield, Marlboro, Darlington, Lee, Sumter, Clarendon, Richland, Calhoun, Orangeburg, Lexington, Aiken, Barnwell, and Allendale counties; and
(3) the Lower District comprised of Hampton, Jasper, Beaufort, Colleton, Charleston, Dorchester, Bamberg, Berkeley, Williamsburg, Georgetown, Florence, Horry, Marion, and Dillon counties.
(B) The podiatrist at large and the lay member serve coterminously with the appointing Governor and until their successors are appointed and qualify. The board shall conduct an election to nominate three podiatrists from each district to be submitted to the Governor for consideration for appointment. The Governor shall appoint one podiatrist to represent each district from among the nominees submitted for that district. The election shall provide for participation by all podiatrists currently licensed. The podiatrists elected must be residents of the district they represent, licensed, and in good standing to practice podiatry in this State and actively engaged in the practice of podiatry in this State. The elected members of the board representing the three districts shall serve a four-year term. No member may serve more than one consecutive term of office; however, a person appointed to fill an unexpired portion of a term if reelected and reappointed may serve one full term.
(C) Before January sixteenth in the year in which the term expires for a member representing a district, a qualified podiatrist desiring to be a candidate for the board must submit to the secretary of the board a biography and a statement indicating a desire to be a candidate for the board. The secretary, in conjunction with the Department of Labor, Licensing and Regulation, shall prepare ballots for mailing to all licensed podiatrists. The ballots must be in a form that makes tabulation quick and easy and shall contain the names of the nominees in alphabetical order. Enclosures to accompany the ballots shall include the envelope in which the ballot is to be sealed and an envelope addressed to the Department of Labor, Licensing and Regulation.
(D) Ballots must be mailed before April second to the last known mailing address of all licensed podiatrists and must be returned to the department postmarked before May second and received by the office before May eleventh. The secretary of the board shall certify in the presence of an employee of the Department of Labor, Licensing and Regulation who is not employed by the board that these ballots are true and valid.
(E) Before June second the board shall certify in writing to the Governor the names of the three persons winning the election and the name of the person on the board the nominees are being considered to replace.
(F) Notwithstanding subsection (B), if a nominee is judged unfit by the Governor, the board must be informed and other nominees must be submitted in like manner.
(G) Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term."
SECTION 3. Section 40-51-40 of the 1976 Code is amended to read:
"Section 40-51-40. The Board of Podiatry Examiners may promulgate regulations to carry out this chapter including, but not limited to, regulations establishing continuing education requirements."
Examination of applicants
SECTION 4. Section 40-51-80 of the 1976 Code is amended to read:
"Section 40-51-80. For the purposes of examination the board shall use the National Board of Podiatry Examination and may use other written or oral or written and oral examinations as the board considers necessary; however, a written examination administered by the board must be a nationally recognized examination or must be administered by at least one other state. The board shall offer the required examinations at least twice annually. A successful applicant who has completed all requirements is eligible for a certificate to practice podiatric medicine."
Deletion of licensure by endorsement
SECTION 5. Section 40-51-110 of the 1976 Code is amended to read:
"Section 40-51-110. Upon payment of a fee to be determined by regulation of the board, a license may be issued to a podiatrist or a chiropodist moving to this State from a state maintaining requirements for the practice of podiatry or chiropody equal to the standard in this State and extending the same reciprocal privileges to podiatrists or chiropodists in this State."
Deletion of requirement to record license with clerk of court
SECTION 6. Section 40-51-130 of the 1976 Code is amended to read:
"Section 40-51-130. A license must be conspicuously displayed at the place of practice within thirty days of its issue."
License renewal fees and continuing education
SECTION 7. Section 40-51-140 of the 1976 Code is amended to read:
"Section 40-51-140. A person licensed to practice podiatry must pay an annual renewal license fee which must be established in regulation by the board, annually must complete twelve hours of continuing medical education through a program approved by the South Carolina Board of Podiatry Examiners, and must submit documentation to the board of completion of this education. If the renewal fee is not accompanied with the appropriate continuing education documentation, the license may not be renewed and is considered late and subject to the penalties promulgated by the board in regulation. This continuing education requirement takes effect and applies to licenses being renewed beginning in 1997. If the renewal fee is not paid within two months after the date of notification by the secretary that the fee is due, the license of the person failing to pay shall be considered late and a penalty imposed as determined by regulation. After an additional sixty days a nonrenewed license must be suspended or revoked and must be reissued only by a majority vote of the Board of Podiatry Examiners and upon payment of a late fee and penalties established by the board."
Disciplinary procedures; grounds for discipline; medical examinations and records
SECTION 8. Section 40-51-160 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 40-51-160. (A) The Board of Podiatry, if it has just cause, 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. A decision of the board to revoke or suspend a license is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.
(B) 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 review by an administrative law judge is not a supersedeas. The grounds for revocation or suspension of a license are a satisfactory showing to the board that a holder of a license:
(1) used a false, fraudulent, or forged statement or document or practiced a fraudulent, deceitful, or dishonest act in connection with a licensing requirement;
(2) has been convicted of a felony or other crime involving moral turpitude, drugs, or gross immorality;
(3) is addicted to alcohol or drugs to such a degree as to render the podiatrist unfit to practice podiatry;
(4) has been convicted of the illegal or unauthorized practice of podiatry;
(5) has knowingly performed an act which in any way assists an unlicensed person to practice podiatry;
(6) has sustained a physical or mental disability which renders further practice by the podiatrist dangerous to the public;
(7) has engaged in advertising for the practice of podiatry in a manner that is deceptive or untruthful;
(8) is guilty of the performance of dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;
(9) is guilty of the use of a false or fraudulent statement in a document connected with the practice of podiatry;
(10) is guilty of obtaining fees or assisting in obtaining fees under dishonorable, false, or fraudulent circumstances; or
(11) has violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation or conspiring to violate a provision or term of this chapter or a regulation promulgated under this chapter.
(C) In addition to all other remedies and actions incorporated in this chapter, the license of a person adjudged mentally incompetent by a court of competent jurisdiction is automatically suspended by the board until the person is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
(D) In enforcing subsections (B)(3) and (6), the board upon just cause may require a licensee or applicant to submit to a mental or physical examination by a physician mutually agreed to by the licensee or applicant and the board. If agreement is not reached, an administrative law judge may appoint a physician to conduct the examination. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under any other provision of law. A person who accepts the privilege of practicing podiatry in this State or who files an application for a license to practice podiatry in this State is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds of a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing podiatry under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of podiatry with reasonable skill and safety to patients.
(E) In enforcing subsections (B)(3) and (6), the board upon just cause may obtain records relating to the mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records. These records are admissible in a hearing before the board, notwithstanding any other provision of law, if there is a prior showing that the past mental or physical condition of the licensee or applicant relates to a condition which may render the licensee or applicant unfit to practice podiatry. A person who accepts the privilege of practicing podiatry in this State or who files an application to practice podiatry in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds of a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing podiatry under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of podiatry with reasonable skill and safety to patients.
(F) The board may impose a fine of up to five hundred dollars for each violation of this chapter or of a regulation promulgated under this chapter; however, the total fine may not exceed five thousand dollars. All fines must be remitted to the State Treasurer and deposited in a special fund from which the board must be reimbursed upon the approval of the State Budget and Control Board for administrative costs associated with each complaint or alleged violation. At any time the revenue in this fund exceeds twenty thousand dollars, all funds in excess of twenty thousand dollars must be remitted to the general fund. Fines are payable immediately upon the effective date of the board's action imposing the fine. Interest accrues after fines are due at the maximum rate allowed by law. The license of a person against whom a fine is imposed may not be reinstated until the fine has been paid in full."
Reporting to medical board on physicians' privilege to practice in health care facilities; reporting on podiatrists' practice privilege to be included
SECTION 9. Section 44-7-70 of the 1976 Code is amended to read:
"Section 44-7-70. (A) The medical staff chief or medical director of a health care facility, as defined in Section 44-7-130, shall report in writing to the State Board of Medical Examiners the results of and the circumstances concerning an action resulting in the revocation or suspension of or other limitation upon, a physician's privileges to practice in that health care facility. This report is not required in the case of:
(1) a nondisciplinary resignation by the physician; however, a resignation occurring after an incident or occurrence which could result in the revocation or suspension of or other limitation upon the physician's privileges must be reported;
(2) a minor disciplinary action regarding the physician's privileges in that health care facility when the action taken does not involve the revocation or suspension of or other limitation upon the physician's privileges to practice there;
(3) a disciplinary action resulting from the physician's failure to meet recordkeeping standards;
(4) a disciplinary action resulting from the physician's failure to attend meetings; or
(5) other disciplinary actions as defined by regulation promulgated by the State Board of Medical Examiners.
(B) The medical staff chief or medical director of a health care facility, as defined in Section 44-7-130, shall report in writing to the State Board of Medical Examiners and to the Board of Podiatry Examiners the results of and the circumstances concerning an action resulting in the revocation or suspension of or other limitation upon, a podiatrist's privileges to practice in that health care facility. This report is not required in the case of:
(1) a nondisciplinary resignation by the podiatrist; however, a resignation occurring after an incident or occurrence which could result in the revocation or suspension of or other limitation upon the podiatrist's privileges must be reported;
(2) a minor disciplinary action regarding the podiatrist's privileges in that health care facility when the action taken does not involve the revocation or suspension of or other limitation upon the podiatrist's privileges to practice there;
(3) a disciplinary action resulting from the podiatrist's failure to meet recordkeeping standards;
(4) a disciplinary action resulting from the podiatrist's failure to attend meetings; or
(5) other disciplinary actions as defined by regulation promulgated by the Board of Podiatry Examiners.
(C) A person making a report required by this section is immune from criminal and civil liability in making the report, if the report is made in good faith and without malice."
SECTION 10. Section 40-51-90 of the 1976 Code is repealed.
SECTION 11. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 3/7/96.