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AMENDED
May 19, 2005
H. 3107
Introduced by Reps. M.A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett
S. Printed 5/19/05--S.
Read the first time February 1, 2005.
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.
Amend Title To Conform
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, 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.
SECTION 2. Section 40-47-213 of the 1976 Code is amended to read:
"Section 40-47-213. (A)(1) No A person connected with any complaint, investigation, or other proceeding before the board, including, but not limited to, any witness, counsel, counsel's secretary staff, board member, board employee, court reporter, or investigator, may not mention the existence of the complaint, investigation, or other proceeding or disclose any information pertaining to the complaint, investigation, or other proceeding, tending to identify the initial complainant or a witness, or discuss any testimony or other evidence in the complaint, investigation, or other proceeding, except as otherwise provided in this section.
(2) Information may be disclosed to persons involved and having a direct interest in the complaint, investigation, or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. The name of the initial complainant must be provided to the licensee who is the subject of the complaint, investigation, or proceeding unless the board, hearing officer, or panel determines there is good cause to withhold that information.
(3) However, whenever When the board receives information in any complaint, investigation, or other proceeding before it indicating a violation of state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body.
(B) When a formal complaint is made regarding allegations of misconduct, the formal complaint and an answer must become available for public inspection and copying ten days after the filing of the answer or, if no answer is filed, ten days after the expiration of the time to answer. Once the formal complaint becomes available for public inspection and copying, subsequent records and proceedings relating to the misconduct allegations must be open to the public except as otherwise provided in this section.
(1) Patient records and identities shall remain confidential unless the patient or legal representative of the patient consents in writing to the release of the records.
(2) If allegations of incapacity of licensee due to physical or mental causes are raised in the complaint or answer, all records, information, and proceedings, relating to those allegations of incapacity must remain confidential; provided, however, any order relating to the licensee's authorization to practice must be made public, but the order must not disclose the nature of the incapacity.
(C) Once a proceeding becomes public as provided in this section, there is a presumption that any hearing, other proceeding, or record must remain public unless a party to a proceeding makes a showing on the record before the board, hearing officer, or panel that closure of the hearing or the record, in whole or in part, is essential to protect patients, witnesses, or the respondent from unreasonable disclosure of personal or confidential information. Public notice must be given of the request or motion to close any portion of a hearing or record, and the board, hearing officer, or panel shall provide an opportunity for a person opposing the closure to be heard prior to the decision on closure being made.
(D) Subject to the right of public access and utilizing the procedure regarding closure described in this section, a witness in a proceeding or a patient whose care is at issue in a proceeding may petition the board, hearing officer, or panel for an order to close the hearing or record, in whole or part, to protect the witness or patient from unreasonable disclosure of personal or confidential information; provided, however, the identity of a minor or sexual boundary victim must remain confidential without a motion being made.
(E) Upon a finding on the record that the health or safety or the personal privacy of a witness or patient would be put at risk unreasonably by the public disclosure of identifying information or of other personal information, the board, hearing officer, or panel may issue an order to protect the witness or patient from the harm shown to be probable from public disclosure.
Nothing contained in this section may be construed so as to prevent the board from making public a copy of its final order in any proceeding as authorized or required by law."
SECTION 3. This act takes effect upon approval by the Governor.
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