South Carolina General Assembly
116th Session, 2005-2006

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Bill 3107

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Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

January 26, 2005

H. 3107

Introduced by Reps. M.A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett

S. Printed 1/26/05--H.

Read the first time January 11, 2005.

            

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (H. 3107) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JOE E. BROWN for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

EXPLANATION OF IMPACT:

The Department of Labor, Licensing and Regulations indicates there will be no fiscal impact on the General Fund of the State. There will be a minimal fiscal impact on other funds for travel and per diem, which will be covered by revenue generated by the board.

Approved By:

Don Addy

Office of State Budget

A BILL

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, ONE TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

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

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 ten twelve members, one three of whom must be a lay member 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.

The 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, there shall be two additional lay members, one to be appointed by the President Pro Tempore of the Senate and one to be appointed by the Speaker of the House of Representatives. These lay members shall serve for terms of four years each and until their successors are appointed and qualify. Vacancies in these two office shall be filled by appointment in the manner of original appointment."

SECTION    2.    This act takes effect upon approval by the Governor.

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