Current Status Introducing Body:Senate Bill Number:258 Ratification Number:319 Act Number:306 Primary Sponsor:Drummond Type of Legislation:GB Subject:Veterinary Medical Examiners Board Companion Bill Number:3225 Date Bill Passed both Bodies:19940223 Computer Document Number:436/12781AC.93 Governor's Action:S Date of Governor's Action:19940316 Introduced Date:19930120 Date of Last Amendment:19940217 Last History Body:------ Last History Date:19940316 Last History Type:Act No. 306 Scope of Legislation:Statewide All Sponsors:Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
258 ------ 19940316 Act No. 306
258 ------ 19940316 Signed by Governor
258 ------ 19940310 Ratified R 319
258 Senate 19940223 Concurred in House amendment,
enrolled for ratification
258 House 19940222 Read third time, returned to
Senate with amendment
258 House 19940217 Amended, read second time
258 House 19940209 Committee Report: Favorable 20
with amendment
258 House 19930331 Referred to Committee 20
258 House 19930331 Recalled from Committee 27
258 House 19930318 Introduced, read first time, 27
referred to Committee
258 Senate 19930317 Read third time, sent to House
258 Senate 19930316 Read second time
258 Senate 19930311 Committee Report: Favorable 13
258 Senate 19930120 Introduced, read first time, 13
referred to Committee
View additional legislative information at the LPITS web site.
(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.