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4890Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20000411Primary Sponsor: BarfieldAll Sponsors: BarfieldDrafted Document Number: l:\council\bills\nbd\11974ac00.docResiding Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Medical Examiners Board, certain members to be elected by legislature; General Assembly, MembersHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000411 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 40-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD OF MEDICAL EXAMINERS, SO AS TO REQUIRE THE SIX MEMBERS REPRESENTING THE CONGRESSIONAL DISTRICTS TO BE ELECTED BY THE GENERAL ASSEMBLY RATHER THAN BEING NOMINATED FOR APPOINTMENT BY THE GOVERNOR BASED ON AN ELECTION IN WHICH ALL PHYSICIANS AND SURGEONS IN THE STATE MAY PARTICIPATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-47-10 of the 1976 Code, as last amended by Act 77 of 1993, is further amended to read:
"Section 40-47-10. There is created the State Board of Medical Examiners to be composed of ten members, one of whom must be a lay member, one of whom must be a doctor of osteopathy, two of whom must be physicians or surgeons from the State-at-large, and six of whom must be physicians or surgeons each representing
each one of the six congressional districts. All members of the board must be residents of this State, and each member representing a congressional district shall reside in the district the member represents. All physician members of the board must be licensed by the board and must be practicing their profession in South Carolina.
The members of the board shall serve for terms of four years or until their successors are appointed and qualify.
The members of the board are limited to two terms. All members of the board have full voting rights.
The physicians or surgeons representing the congressional districts must be elected by the General Assembly. The lay member and one physician or surgeon from the State-at-large must be appointed by the Governor, with the advice and consent of the Senate. The board shall conduct an election to nominate one physician or surgeon from the State-at-large. The election must provide for participation by all physicians or surgeons currently licensed and residing in South Carolina.
To nominate the physicians or surgeons who will represent the six congressional districts the board shall conduct an election within each district. These elections must provide for participation by all licensed physicians residing in the particular district. The board also shall conduct an election to nominate the doctor of osteopathy from the State-at-large, and this election must provide for participation by any physician currently licensed in South Carolina as a doctor of osteopathy. The board shall certify in writing to the Governor the results of each election. 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 following another election. Vacancies must be filled in a like manner by appointment by the Governor, with the advice and consent of the Senate, for the unexpired portion of the term.
The Governor may remove a member of the board who is guilty of continued neglect of board duties or who is found to be incompetent, unprofessional, or dishonorable. No member may be removed without first giving the member an opportunity to refute the charges filed against the member. The member must be given a copy of the charges at the time they are filed."
SECTION 2. Members of the State Board of Medical Examiners who represent the Congressional Districts and who are serving on this act's effective date, shall continue to serve until the expiration of his or her term, or the seat is otherwise vacant, at which time the seat must be filled in accordance with Section 40-47-10 of the 1976 Code, as amended by Section 1 of this act.
SECTION 3. This act takes effect upon approval by the Governor.
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