S*258 Session 110 (1993-1994)
S*0258(Rat #0319, Act #0306) General Bill, By Drummond
Similar(H 3225)
A Bill to amend Section 40-69-30, as amended, Code of Laws of South Carolina,
1976, relating to the State Board of Veterinary Medical Examiners, so as to
provide that congressional district nominees for appointment to the Board by
the Governor must be elected by veterinarians residing in that district; to
amend Section 40-69-80, relating to licenses, so as to delete the requirement
to be of good moral character; to amend Section 40-69-90, relating to
temporary licenses and fees, so as to provide that these fees must be set in
regulation; to amend Section 40-69-140, relating to grounds to deny, suspend,
or revoke a license, so as to delete the use of solicitors to obtain
patronage; to amend Section 40-69-430, relating to animal health technician
certification, so as to delete provisions no longer effective and requirement
to be of good physical and mental health and good moral character; to amend
Section 40-69-440, relating to temporary certificates and fees, so as to
provide these fees must be set in regulation; to amend Section 40-69-450,
relating to applications for examinations and fees, so as to delete the
requirement for certain personal references and to provide that these fees
must be set by regulation; to amend Section 40-69-460, relating to contents of
examinations, so as to delete provisions relating to oral or practical
examinations; to amend Section 40-69-480, relating to renewal of certificates
and fees, so as to provide that these fees must be set in regulation; to
provide temporary fees until fees are set by the Board in regulation; and to
reauthorize the State Board of Veterinary Medical Examiners for six years.
01/20/93 Senate Introduced and read first time SJ-14
01/20/93 Senate Referred to Committee on Medical Affairs SJ-15
03/11/93 Senate Committee report: Favorable Medical Affairs SJ-17
03/16/93 Senate Read second time SJ-21
03/17/93 Senate Read third time and sent to House SJ-15
03/18/93 House Introduced and read first time HJ-20
03/18/93 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-21
03/31/93 House Recalled from Committee on Medical, Military,
Public and Municipal Affairs HJ-14
03/31/93 House Committed to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-14
02/09/94 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-11
02/17/94 House Amended HJ-37
02/17/94 House Read second time HJ-37
02/22/94 House Read third time and returned to Senate with
amendments HJ-12
02/23/94 Senate Concurred in House amendment and enrolled SJ-8
03/10/94 Ratified R 319
03/16/94 Signed By Governor
03/16/94 Effective date 03/16/94
04/06/94 Copies available
(A306, R319, S258)
AN ACT TO AMEND SECTION 40-69-30, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE
BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO
PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR
APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE
ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT; TO
AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS TO
DELETE THE REQUIREMENT TO BE OF GOOD MORAL
CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO
TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT
THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION
40-69-140, RELATING TO GROUNDS TO DENY, SUSPEND, OR
REVOKE A LICENSE, SO AS TO DELETE THE USE OF SOLICITORS
TO OBTAIN PATRONAGE; TO AMEND SECTION 40-69-430,
RELATING TO ANIMAL HEALTH TECHNICIAN CERTIFICATION,
SO AS TO DELETE PROVISIONS NO LONGER EFFECTIVE AND
THE REQUIREMENT TO BE OF GOOD PHYSICAL AND MENTAL
HEALTH AND GOOD MORAL CHARACTER; TO AMEND SECTION
40-69-440, RELATING TO TEMPORARY CERTIFICATES AND FEES,
SO AS TO PROVIDE THESE FEES MUST BE SET IN REGULATION;
TO AMEND SECTION 40-69-450, RELATING TO APPLICATIONS
FOR EXAMINATIONS AND FEES, SO AS TO DELETE THE
REQUIREMENT FOR CERTAIN PERSONAL REFERENCES AND TO
PROVIDE THAT THESE FEES MUST BE SET BY REGULATION; TO
AMEND SECTION 40-69-460, RELATING TO CONTENTS OF
EXAMINATIONS, SO AS TO DELETE PROVISIONS RELATING TO
ORAL OR PRACTICAL EXAMINATIONS; TO AMEND SECTION
40-69-480, RELATING TO RENEWAL OF CERTIFICATES AND FEES,
SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN
REGULATION; TO PROVIDE TEMPORARY FEES UNTIL FEES ARE
SET BY THE BOARD IN REGULATION; AND TO REAUTHORIZE
THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR
SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
Board composition
SECTION 1. Section 40-69-30 of the 1976 Code, as last amended by Act
133 of 1987, is further amended to read:
"Section 40-69-30. (A) There is created the State Board of
Veterinary Medical Examiners to be composed of eight members, one of
whom must be a consumer advocate member from the State at large, one of
whom must be a veterinarian from the State at large, and six of whom must
be veterinarians representing each of the six congressional districts. Each veterinarian must be a resident of the State of South Carolina and
of the congressional district which the veterinarian represents, licensed by
the State, and practicing. The consumer advocate member must be a
resident of the State. The terms of the members are for six years and until
successors are appointed and qualify. No member is allowed successive
terms of office.
(B) The veterinarian at large and the consumer advocate member must
be appointed by the Governor. The board shall conduct an election to
nominate two veterinarians from each congressional district. The election
shall provide for participation by all veterinarians currently licensed and
residing in the district for which the nomination is being made. The names
of the nominees must be forwarded to the Governor by the board and the
Governor may appoint one of the nominees as the member; however, 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. Vacancies must be filled in the manner of the original
appointment for the unexpired portion of the term.
(C) The consumer advocate member may not vote on examination for
licensure of veterinarians.
(D) 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 that
member, who must be given a copy of the charges at the time they are
filed.
(E) If a board member is disqualified and the member's absence results
in the lack of a quorum or an adequate number of members to perform
official functions, the Governor may appoint an individual to replace the
member during the period of disqualification. This individual shall meet
the same qualifications as the member being replaced and must take the
same oath as required of other members of the board."
Licensure requirements
SECTION 2. Section 40-69-80 of the 1976 Code is amended to read:
"Section 40-69-80. (A) A person wishing to practice veterinary
medicine in this State shall obtain a license from the board. Unless a
person obtains a license, it is unlawful to practice veterinary medicine as
defined in this article . If a person practices without a license that person is
considered to have violated this article .
(B) The board shall conduct examinations of all applicants and the
board may examine an applicant who submits satisfactory evidence that the
applicant:
(a) is a graduate of a school or college of veterinary medicine
approved by the board or holds an Education Commission of Foreign
Veterinary Graduates Certificate;
(b) has paid the required fee."
Temporary permits
SECTION 3. Section 40-69-90 of the 1976 Code is amended to read:
"Section 40-69-90. (A) The board may issue a temporary permit
to practice veterinary medicine to an applicant if the applicant meets these
qualifications:
(1) meets all qualifications and requirements of Section 40-69-80;
(2) has filed an application to take the examination;
(3) is located permanently at some designated place in the State;
(4) pays a temporary permit fee which must be set by the board in
regulation promulgated in accordance with the Administrative Procedures
Act. This fee is in addition to the examination fee;
(5) holds a current and valid license to practice veterinary medicine in
another state of the United States.
(B) An individual failing to pass the examination for a license in this
State must not be issued a temporary permit.
(C) The temporary permit entitles the holder to practice only until the
board has acted upon the application for a permanent license after the
applicant completes the next regularly scheduled examination and is not
renewable. Only one temporary permit may be issued to a person. A
person who is unable to attend the examination because of illness, accident,
or other reasonable condition beyond the person's control, in the discretion
of the board, may have the temporary permit renewed until the board is able
to act on the application after the person completes the required
examination."
Disciplinary action
SECTION 4. Section 40-69-140 of the 1976 Code is amended to read:
"Section 40-69-140. The board may deny, suspend, revoke, or
restrict the license of a veterinarian or reprimand or discipline a licensee for
these reasons:
(1) violating this article or a regulation promulgated by the board;
(2) using a false, fraudulent, or forged statement or document or a
fraudulent, deceitful, or dishonest act by the holder of a license in
connection with a license requirement;
(3) failing to display a license;
(4) having caused to be published or circulated directly or indirectly a
fraudulent, false, or misleading statement as to the skill or methods of
practice of a licensee;
(5) misrepresenting the inspection of food for human consumption;
(6) using a false or fraudulent statement in a document connected with
the practice of veterinary medicine;
(7) obtaining fees or assisting in obtaining fees under deceptive, false,
or fraudulent circumstances;
(8) failing to provide and maintain facilities as directed by regulation of
the board;
(9) refusing to permit the board or a legal representative of the board to
inspect the business premises of the licensee during regular business
hours;
(10) circulating knowingly untrue, fraudulent, misleading, or deceptive
advertising;
(11) engaging in unprofessional or unethical conduct or engaging in
practices in connection with the practice of veterinary medicine which are
in violation of the standards of professional conduct, as defined in this
article or prescribed by regulations of the board;
(12) engaging in conduct determined by the board to be incompetent or
negligent in the practice of veterinary medicine;
(13) making a false statement in an oath or affidavit which is required
by this article ;
(14) having another state revoke a license to practice veterinary
medicine in that state;
(15) being convicted on a charge of cruelty to animals;
(16) being convicted of a federal or state law relating to narcotic
drugs;
(17) having a physical or mental impairment or disability which renders
practice dangerous to the public;
(18) performing an act which in any way assists a person to practice in
violation of this article ;
(19) misusing a controlled substance for other than specific treatment
of an animal patient;
(20) having employed or permitted a person who does not hold a
license to practice veterinary medicine in this State to perform work which,
under this article , can lawfully be done only by a person holding a license
to practice veterinary medicine;
(21) practicing veterinary medicine while under the influence of
alcohol or any drug to such a degree as to adversely affect the performance
of a veterinarian's professional obligations and duties;
(22) having been adjudged mentally incompetent by a court of
competent jurisdiction; upon notice of a legal determination of
incompetency, an individual's license is automatically suspended until the
individual is adjudged legally competent;
(23) failing to report, as required by law, or making a false report of a
contagious or infectious disease;
(24) being convicted of a felony or a crime involving moral turpitude;
forfeiture of a bond or a plea of nolo contendere is considered the
equivalent of a conviction."
Animal health technician certification requirements
SECTION 5. Section 40-69-430 of the 1976 Code is amended to read:
"Section 40-69-430. (A) A person wishing to work as an Animal
Health Technician in this State shall obtain a certificate from the board.
Unless a person obtains a certificate, it is unlawful to work as an Animal
Health Technician as defined in this article.
(B) The board shall conduct examinations of all applicants and the board
may examine an applicant who submits satisfactory evidence that the
applicant:
(1) is at least eighteen years of age;
(2) is a graduate of an American Veterinary Medical Association
accredited school of animal technology;
(3) has paid the required fee." Temporary
certificates
SECTION 6. Section 40-69-440 of the 1976 Code is amended to read:
"Section 40-69-440. (A) The board may issue a temporary
certificate if the applicant:
(1) meets all the qualifications and requirements of Section
40-69-430;
(2) has filed an application to take the examination;
(3) pays a temporary certificate fee which must be set by the board in
regulation promulgated pursuant to the Administrative Procedures Act; this
fee is in addition to the examination fee.
(B) A temporary certificate shall permit the applicant holder to work as
an Animal Health Technician until the next regularly scheduled
examination. Temporary certificates may not be renewed. However, a
person who is unable to attend the examination because of illness, accident,
or other reasonable condition beyond the person's control, in the discretion
of the board, may have the temporary certificate renewed until the board is
able to act on the application after the person completes the required
examination."
Examinations; applications and fees
SECTION 7. Section 40-69-450 of the 1976 Code is amended to read:
"Section 40-69-450. (A) A person desiring to take the
examination for certification shall apply in writing to the board on forms
prescribed by the board at least fourteen days before the examination. The
fee accompanying an application must be set by the board in regulation
promulgated pursuant to the Administrative Procedures Act.
(B) Fees may not be returned under any circumstances, regardless of
whether the applicant is accepted for examination, fails the examination,
withdraws the application, or is issued or denied a certificate. If an
applicant fails to take the examination for a legitimate reason, the board
may allow the applicant to take the examination at a later date without
having to pay another fee.
(C) After the board accepts an application and finds that the applicant is
qualified to meet the requirements necessary to work as an Animal Health
Technician, the applicant may be examined by the board at its next
meeting. The board shall give notice to the applicant of the exact time and
place of the examination."
Administration of examination
SECTION 8. Section 40-69-460 of the 1976 Code is amended to read:
"Section 40-69-460. (A) The examination of an applicant for
certification must be conducted under the regulations adopted by the board.
The board shall require the applicant to take a written examination in
Animal Anatomy, Clinical Pathology, Pharmacology, Office Procedures,
Radiology, Laboratory Animal Technology, Parasitology, and such
additional subjects relating to Animal Health Technology as the board may
require. The board shall establish a minimum passing grade for each
examination given and shall hold at least one examination annually.
(B) If the applicant makes the minimum passing grade on the
examination established by the board and the board finds that the applicant
is qualified, it shall issue the applicant a certificate. An applicant who fails
to meet the minimum passing grade or fails to maintain a current certificate
may submit to reexamination at the discretion of the board. Each applicant
is entitled to at least one reexamination."
Certificate renewal
SECTION 9. Section 40-69-480 of the 1976 Code is amended to read:
"Section 40-69-480. (A) The holder of a certificate must apply
on January first of each year for renewal of certification. Renewal
applications must be provided by the board thirty days before January first
of each year. A completed application must be accompanied by an annual
fee, the amount of which must be set by the board in regulation
promulgated pursuant to the Administrative Procedures Act, and made
payable to the secretary-treasurer of the board. If the completed application
and fee is not submitted by February fifteenth of each year, a late renewal
fee penalty set by the board in regulation, will be added to the annual fee. If
the completed application and renewal fee is not received by March
fifteenth of each year, certification of the holder will be revoked and the
holder shall file for reexamination for certification. The application for
renewal must be endorsed by a licensed veterinarian of this State and must
include sufficient proof of continuing education as required by the board in
the regulations.
(B) The board may issue a duplicate certificate to replace one that has
been lost or destroyed upon payment of an amount to be set by the board in
regulation. A duplicate certificate must have the word `DUPLICATE'
typed or printed across the face of the certificate."
Fees
SECTION 10. The following fees are in effect until these fees are set in
regulation promulgated by the State Board of Veterinarians pursuant to the
Administrative Procedures Act:
(1) one hundred dollars for a temporary permit to practice veterinary
medicine;
(2) ten dollars for a temporary certificate to work as an Animal Health
Technician;
(3) twenty-five dollars for an examination application fee for
certification as an Animal Health Technician;
(4) twenty dollars for an Animal Health Technician annual certification
renewal;
(5) five dollars for a late renewal fee penalty when an Animal Health
Technician fails to submit a renewal application by February fifteenth of
each year;
(6) ten dollars for an Animal Health Technician replacement
certificate.
Reauthorization of board
SECTION 11. In accordance with Section 1-20-60 of the 1976 Code the
existence of the State Board of Veterinary Medical Examiners is
reauthorized for six years.
Time effective
SECTION 12. This act takes effect upon approval by the Governor.
Approved the 16th day of March, 1994. |