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AMENDED
May 31, 2005
H. 3107
Introduced by Reps. M.A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett
S. Printed 5/31/05--S. [SEC 6/1/05 1:49 PM]
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. 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."
SECTION 3. This act takes effect upon approval by the Governor.
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