South Carolina General Assembly
116th Session, 2005-2006

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A171, R177, H3107

STATUS INFORMATION

General Bill
Sponsors: Reps. M.A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett
Document Path: l:\council\bills\gjk\20008sd05.doc

Introduced in the House on January 11, 2005
Introduced in the Senate on February 1, 2005
Last Amended on May 31, 2005
Passed by the General Assembly on June 1, 2005
Governor's Action: June 7, 2005, Vetoed
Legislative veto action(s): Veto overridden

Summary: Two additional members appointed to the Medical Examiners Board

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  House   Prefiled
   12/8/2004  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs
   1/11/2005  House   Introduced and read first time HJ-83
   1/11/2005  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs HJ-83
   1/12/2005  House   Member(s) request name added as sponsor: Duncan
   1/13/2005  House   Member(s) request name added as sponsor: Umphlett
   1/26/2005  House   Committee report: Favorable Medical, Military, Public 
                        and Municipal Affairs HJ-3
   1/27/2005  House   Read second time HJ-9
   1/27/2005  House   Unanimous consent for third reading on next legislative 
                        day HJ-9
   1/27/2005          Scrivener's error corrected
   1/28/2005  House   Read third time and sent to Senate HJ-2
    2/1/2005  Senate  Introduced and read first time SJ-11
    2/1/2005  Senate  Referred to Committee on Medical Affairs SJ-11
   3/31/2005  Senate  Committee report: Favorable with amendment Medical 
                        Affairs SJ-15
    4/1/2005          Scrivener's error corrected
    4/6/2005  Senate  Amended SJ-20
   5/19/2005  Senate  Amended SJ-48
   5/20/2005          Scrivener's error corrected
   5/26/2005  Senate  Amended SJ-337
   5/31/2005  Senate  Amended SJ-32
   5/31/2005  Senate  Read second time SJ-32
    6/1/2005  Senate  Read third time and returned to House with amendments 
                        SJ-24
    6/1/2005  House   Concurred in Senate amendment and enrolled HJ-49
    6/1/2005          Scrivener's error corrected
    6/2/2005          Ratified R 177
    6/7/2005          Vetoed by Governor
   6/14/2005  House   Veto overridden by originating body Yeas-81  Nays-25
   6/14/2005  Senate  Veto overridden Yeas-37  Nays-7
   6/22/2005          Copies available
   6/22/2005          Effective date 06/14/05
   6/30/2005          Act No. 171

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004
1/26/2005
1/27/2005
3/31/2005
4/1/2005
4/6/2005
5/19/2005
5/20/2005
5/26/2005
5/31/2005
6/1/2005


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A171, R177, H3107)

AN ACT TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, AND TO PROVIDE FOR THEIR MANNER OF APPOINTMENT, QUALIFICATIONS, AND TERMS; AND TO ADD SECTION 40-47-155 SO AS TO FURTHER PROVIDE CERTAIN CONDITIONS UNDER WHICH THE BOARD SHALL ISSUE A LICENSE TO PRACTICE MEDICINE TO AN APPLICANT.

Be it enacted by the General Assembly of the State of South Carolina:

Lay members added

SECTION    1.    Section 40-47-10 of the 1976 Code is amended to read:

"Section 40-47-10.    There is created the State Board of Medical Examiners to be composed of twelve members, three of whom must be lay members, 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 representing each of 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.

One 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 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.

In addition to the above members of the board, the Governor, with the advice and consent of the Senate, shall appoint two lay members, one upon the recommendation of the President Pro Tempore of the Senate and one upon the recommendation of the Speaker of the House of Representatives. Lay members must be residents of this State, must have a baccalaureate degree or higher, must not be employed in, or have a member of their immediate family employed in, a health or medically related field, and must not have been convicted of a felony or a crime of moral turpitude. These lay members shall serve for terms of four years and until their successors are appointed and qualify. Vacancies in these two offices must be filled in the manner of original appointment."

Further conditions for licensure

SECTION    2.    Article 1, Chapter 47, Title 20 of the 1976 Code is amended by adding:

"Section 40-47-155.    (A)    The South Carolina Board of Medical Examiners shall review and issue, at the board's discretion and subject to the provisions in this subsection, a license to practice medicine to an applicant who has passed all required examinations, irrespective of the number of times an exam was taken or the time frame within which the applicant successfully passed the examinations, if the applicant otherwise qualifies for licensure; and

(1)    has been licensed to practice medicine in another state in the United States;

(2)    has not had his license revoked, suspended, or restricted in this State or another state and has no disciplinary matters pending in this State or any other state;

(3)    holds certification by a specialty board recognized by either the American Board of Medical Specialties or the American Osteopathic Association; and

(4)    has undertaken to establish himself in a rural area of this State."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 2nd day of June, 2005.

Vetoed by the Governor -- 6/7/05.

Veto overridden by House -- 6/14/05.

Veto overridden by Senate -- 6/14/05.

__________


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