H*2398 Session 107 (1987-1988)
H*2398(Rat #0658, Act #0572 of 1988) General Bill, By J.V. Gregory, F.L. Day,
P.W. Derrick, Fair, Haskins, D.O. Hawkins, P.E. Short, J.M. White and Wilkins
Similar(S 366)
A Bill to amend Title 1, Code of Laws of South Carolina, 1976, relating to
administration of the government, by adding Chapter 18 so as to provide for
definitions of certain terms in the Chapter; for the State Reorganization
Commission to review the regulation of certain occupations; for public
hearings to be held as to whether or not occupations not regulated by the
State should be regulated, to provide a procedure by which the subcommittee of
the standing committee of the House of Representatives or the Senate to which
a Bill has been referred may request that the Commission conduct the public
hearing or that the Commission assist the subcommittee in conducting the
hearing after a Bill has been filed proposing to regulate a corporation not
regulated by the State; for notice of the hearings to the public and others
affected by regulations; for factors to be considered by the Commission in
evaluating whether an occupation should be regulated; for the various degrees
of regulation to be considered if the Commission determines that existing
remedies do not adequately protect the public health, safety, or welfare; and
to provide that all recommendations formulated by the Commission must be based
upon evidence gathered by the Commission in public hearings from testimony
submitted orally or in writing by interested parties including the Commission
and upon evidence compiled by the Commission, to require the recommendations
to be made in writing and delivered to the chairman of the subcommittee of the
standing committee of the House of Representatives or the Senate to which a
Bill proposing to regulate an occupation has been referred.-amended title
02/04/87 House Introduced and read first time HJ-393
02/04/87 House Referred to Committee on Judiciary HJ-394
03/25/87 House Committee report: Favorable Judiciary HJ-1423
03/31/87 House Committed to Committee on Medical, Military,
Public and Municipal Affairs HJ-1494
04/14/87 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-1809
04/16/87 House Debate adjourned HJ-1990
04/21/87 House Amended HJ-2048
04/21/87 House Read second time HJ-2049
04/22/87 House Read third time and sent to Senate HJ-2068
04/23/87 Senate Introduced and read first time SJ-1471
04/23/87 Senate Referred to Committee on Judiciary SJ-1472
05/03/88 Senate Recalled from Committee on Judiciary SJ-37
05/05/88 Senate Read second time SJ-35
05/05/88 Senate Ordered to third reading with notice of
amendments SJ-35
05/10/88 Senate Read third time and enrolled SJ-23
05/24/88 Ratified R 658
05/29/88 Signed By Governor
05/29/88 Effective date 05/29/88
05/29/88 Act No. 572
06/14/88 Copies available
(A572, R658, H2398)
AN ACT TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
ADMINISTRATION OF THE GOVERNMENT, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR
DEFINITIONS OF CERTAIN TERMS IN THE CHAPTER, FOR THE STATE REORGANIZATION
COMMISSION TO REVIEW THE REGULATION OF CERTAIN OCCUPATIONS, FOR PUBLIC HEARINGS
TO BE HELD AS TO WHETHER OR NOT OCCUPATIONS NOT REGULATED BY THE STATE SHOULD BE
REGULATED, TO PROVIDE A PROCEDURE BY WHICH THE SUBCOMMITTEE OF THE STANDING
COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE TO WHICH A BILL HAS BEEN
REFERRED MAY REQUEST THAT THE COMMISSION CONDUCT THE PUBLIC HEARING OR THAT THE
COMMISSION ASSIST THE SUBCOMMITTEE IN CONDUCTING THE HEARING AFTER A BILL HAS
BEEN FILED PROPOSING TO REGULATE A CORPORATION NOT REGULATED BY THE STATE, FOR
NOTICE OF THE HEARINGS TO THE PUBLIC AND OTHERS AFFECTED BY REGULATIONS, FOR
FACTORS TO BE CONSIDERED BY THE COMMISSION IN EVALUATING WHETHER AN OCCUPATION
SHOULD BE REGULATED, FOR THE VARIOUS DEGREES OF REGULATION TO BE CONSIDERED IF
THE COMMISSION DETERMINES THAT EXISTING REMEDIES DO NOT ADEQUATELY PROTECT THE
PUBLIC HEALTH, SAFETY, OR WELFARE, TO PROVIDE THAT ALL RECOMMENDATIONS FORMULATED
BY THE COMMISSION MUST BE BASED UPON EVIDENCE GATHERED BY THE COMMISSION IN
PUBLIC HEARINGS FROM TESTIMONY SUBMITTED ORALLY OR IN WRITING BY INTERESTED
PARTIES INCLUDING THE COMMISSION AND UPON EVIDENCE COMPILED BY THE COMMISSION,
AND TO REQUIRE THE RECOMMENDATIONS BE MADE IN WRITING AND DELIVERED TO THE
CHAIRMAN OF THE SUBCOMMITTEE OF THE STANDING COMMITTEE OF THE HOUSE OF
REPRESENTATIVES OR THE SENATE TO WHICH A BILL PROPOSING TO REGULATE AN OCCUPATION
HAS BEEN REFERRED.
Be it enacted by the General Assembly of the State of South Carolina:
Review of occupational registration and licensing
SECTION 1. Title 1 of the 1976 Code is amended by adding:
"CHAPTER 18
Review of Occupational Registration and Licensing
Section 1-18-10. (A) 'Licensure' means the process by which an agency, board,
or commission of the State grants permission to persons meeting predetermined
qualifications to have the exclusive use of an occupational title and to engage
in an occupation to the exclusion of unlicensed persons.
(B) 'Registration' means the process by which an agency, board, or commission
identifies and lists those persons who meet predetermined qualifications and who
are the only persons permitted to use an occupational title.
(C) 'Commission' means the State Reorganization Commission.
Section 1-18-20. Upon the filing of any bill proposing to regulate an
occupation not regulated by the State, the subcommittee of the standing committee
of the House of Representatives or the Senate to which the bill has been referred
may request that the commission conduct the public hearing or that the commission
assist the subcommittee in conducting the public hearing. Upon the request of
the subcommittee, the commission may hold hearings for the purpose of determining
whether or not occupations not regulated by the State should be regulated.
Section 1-18-30. When requested by the subcommittee, the commission shall
provide notice of the hearings to the public and to any organizations or state
agencies or boards whose members could reasonably be expected to be affected by
any proposed regulation or changes in regulation. In addition, the commission
may solicit the participation, as part of the review panel, of representatives
of state agencies currently authorized to regulate a profession related to that
under review. The subcommittee, as referred to in Section 1-18-70, shall sit in
conjunction with the commission at the hearings. Upon receipt of testimony at
the hearing, and pursuant to any other research or inquiries it considers
appropriate, the commission shall report its findings and conclusions to the
subcommittee of the Senate and the House, as referred to in Section 1-18-70.
Section 1-18-40. In evaluating whether an occupation should be regulated, the
commission shall consider whether:
(1) the unregulated practice of an occupation presents a clear and
recognizable danger to the health, safety, or welfare of the public;
(2) the practice of the occupation requires such a specialized skill that the
public is not qualified to select a competent practitioner without assurances
that he has met minimum qualifications;
(3) the public is or may be effectively protected by other means, such as
academic credentials, certification by a nongovernmental entity, or membership
in occupational associations;
(4) current laws are ineffective or inadequate to protect the public health,
safety, and welfare and whether strengthening the laws would not provide adequate
protection to the public;
(5) the practitioner performs a service for others which would qualify for
payment of part or all of those services by a third party if the practitioners
were to be regulated by the State;
(6) regulation will increase the cost of goods;
(7) regulation will increase or decrease the availability of services to the
public;
(8) regulation will assure the competency of practitioners of the occupation;
(9) regulation can be provided through an existing agency or under supervision
of presently licensed practitioners.
In determining any recommendation for regulation of an occupation, the
commission shall recommend the least extensive and restrictive form of regulation
consistent with the public interest. The commission may not recommend any
regulation unless necessary to protect the health, safety, or welfare of the
public.
Section 1-18-50. (A) If the commission determines that existing remedies do
not adequately protect the public health, safety, or welfare, it shall consider
the following degrees of regulation of the practice of that occupation in the
following order:
(1) statutory change to provide for civil causes of action or criminal
penalties;
(2) inspection of a practitioner's premises and activities and authorization
of an appropriate state board, agency, or commission to enjoin an activity which
is detrimental to the public health, safety, or welfare;
(3) listing of a practitioner's location, nature, and operation of practice;
(4) registration as defined in this chapter;
(5) licensure as defined in this chapter.
(B) Licensure must be recommended only where the commission determines that
registration or other means of regulation is not adequate to protect the health,
safety, or welfare of the public. The commission may recommend one or more means
of regulation or statutory change, whether or not it is included in subsection
(A) of this section.
Section 1-18-60. In making its recommendations to the General Assembly, the
commission may recommend that no regulation be created, that regulations be
assigned to an existing board, agency, or commission, or that a new board be
established. If registration or licensure is recommended, the commission shall
recommend what qualifications are specified for the registration or licensure and
describe the activities that may be engaged in by persons pursuing the
occupation.
Section 1-18-70. All recommendations formulated by the commission must be
based upon evidence gathered by the commission in public hearings from testimony
submitted orally or in writing by interested parties including the commission and
upon evidence compiled by the commission in studies conducted by the commission.
The recommendations of the commission must be made in writing and delivered to
the chairman of the subcommittee of the standing committee of the House or the
Senate to which a bill proposing to regulate an occupation has been referred.
Copies of the commission's recommendations must also be delivered to the
President Pro Tempore of the Senate, the Speaker of the House of Representatives,
and the Governor. Copies of the commission's recommendations must be mailed to
any person who has made a request concerning occupational regulation that was
considered by the commission. If the commission recommends no changes with
respect to the regulation of an occupation, the commission shall notify by mail
any person who has requested that regulations or changes be recommended."
Time effective
SECTION 2. This act takes effect upon approval by the Governor. |