SOUTH CAROLINA RULES ADDRESSING PHYSICIAN CONDUCT

http://www.llr.state.sc.us/pol/medical/index.asp?file=MDDOPolicies.HTM

S.C. CODE OF REGULATIONS

CHAPTER 81

S.C. Board of Medical Examiners

Current through June 2002 Regular Session

(Statutory Authority: 1976 Code § 40-47-20)

ARTICLE 6

PRINCIPLES OF MEDICAL ETHICS

81-60. Principles of Medical Ethics.

A. A physician shall be dedicated to providing competent medical service with compassion and respect for human dignity.

B. A physician shall deal honestly with patients and colleagues, and strive to expose those physicians deficient in character or competence, or who engage in fraud or deception.

C. A physician shall respect the law and also recognize a responsibility to seek changes in those requirements which are contrary to the best interests of the patient.

D. A physician shall respect the rights of patients, of colleagues, and of other health professionals, and shall safeguard patient confidence within the constraints of the law.

E. A physician shall continue to study, apply and advance scientific knowledge, make relevant information available to patients, colleagues, and the public, obtain consultation, and use the talents of other health professionals when indicated.

F. A physician shall, in the provision of appropriate patient care, except in
emergencies, be free to choose whom to serve, with whom to associate, and the environment in which to provide medical services.

G. A physician shall recognize a responsibility to participate in activities contributing to an improved community.

UNPROFESSIONAL CONDUCT DEFINED

http://www.scstatehouse.net/CODE/t40c047.htm

South Carolina Code of Laws(Unannotated)

Current through the end of the 2005 Regular Session

Disclaimer

This statutory database is current through the 2005 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some changes enacted by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.

Title 40 - Professions and Occupations

CHAPTER 47.

PHYSICIANS, SURGEONS AND OSTEOPATHS

ARTICLE 1.

GENERAL PROVISIONS

SECTION 40-47-200. Suspension or revocation of license; other disciplinary action.

(A) The State Board of Medical Examiners, if it has reason to believe grounds exist, may order the revocation or suspension of a license to practice medicine or osteopathy, publicly or privately reprimand the holder of a license to practice medicine or osteopathy, or take other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board or imposing restraint upon the medical or osteopathic practice of the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In addition to or in lieu of action taken by the board affecting the license of a licensee, when it is established that the individual has violated this chapter or any regulation promulgated by the board, the board may require the licensee to pay a civil penalty of up to ten thousand dollars to the board and the costs of the disciplinary action. All penalties must be remitted to the State Treasurer for deposit in a special fund from which the State Board of Medical Examiners must be reimbursed for administrative costs for each case upon the approval of the Budget and Control Board. At any time the special fund exceeds twenty thousand dollars, the excess funds must be remitted to the general fund. An action of the board relating to the revocation or suspension of a license or other action either restricting a license or limiting or disciplining a licensee may not be taken until after an initial complaint of misconduct, in writing, has been filed with the board in accordance with regulations promulgated by the board. In subsequently determining whether to approve the issuance of a formal complaint in accordance with regulations promulgated by the board, the board may consult with the Attorney General's office. The Attorney General's office, after investigation, must issue a written recommendation to the board. The board may act upon this written recommendation, but no review of the potential testimony or substantive evidence by the board or a member of the board is permitted. A formal hearing must be held upon thirty days' notice to the complainant and the licensee or their counsel before a panel as provided in Section 40-47-211.

(B) Upon receipt of the panel's report in accordance with Section 40-47-211, the board must notify the complainant and the licensee and their counsel of the time and place at which the board will consider the report for the purpose of determining its action on the report, and the notice must be given not less than ten days before the meeting. The complainant and the licensee and their counsel have the right to appear before the board at the meeting and to submit briefs and be heard in oral argument in opposition to or in support of the recommendations of the panel. The Attorney General's office has the right to appear before the board and to submit briefs and be heard in oral argument if it has participated in the hearing before the panel.

(C) Upon consideration of the report of the panel and of the showing made to the board, the board may:

(1) refer the matter back to the panel for further hearing;

(2) order a further hearing before the board; or

(3) proceed upon the certified report of the prior proceedings before the panel.

(D) Upon its final review, the board may either dismiss the complaint or find that the licensee is guilty of misconduct meriting sanction. In either event, the board must file a final certified report of the proceedings before it with the secretary of the board and the secretary must notify the complainant and the licensee and their counsel of the board's action.

(E) A decision by the board to revoke, suspend, or restrict a license or to limit or discipline a licensee must be by majority vote of the total membership of the board. A licensee against whom disciplinary action is taken pursuant to this article has the right to judicial review. A disciplinary action is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon petition filed by the licensee with an administrative law judge and a copy of the petition served upon the secretary of the board within thirty days from the date of delivery of the board's decision to the licensee. An appeal taken to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 has precedence on the calendar of an administrative law judge, is considered an emergency appeal if the board has revoked, suspended, or restricted a license for more than six months, and should be heard not later than thirty days from the date the petition is filed. The review is limited to the record established by the board hearing. No stay or supersedeas may be granted pending appeal from a decision by the board to revoke, suspend, or restrict a license for more than six months.

(F) "Misconduct" which constitutes grounds for revocation, suspension, or restriction of a license or limitation on or discipline of a licensee is a satisfactory showing to the board that the holder of a license:

(1) has used a false, fraudulent, or forged statement or document or practiced a fraudulent, deceitful, or dishonest act in connection with a licensing requirement;

(2) has been convicted of, has pled guilty to, or has pled nolo contendere to a felony or other crime involving moral turpitude or drugs. For purposes of this item, "drugs" includes a substance whose possession, use, or distribution is governed by Section 44-53-110 through Section 44-53-580 (Narcotics and Controlled Substances) or which is listed in the current edition of the Physician's Desk Reference;

(3) is addicted to alcohol or drugs to such a degree as to render the holder unfit to practice medicine or osteopathy;

(4) has been convicted of the illegal or unauthorized practice of medicine or osteopathy;

(5) has knowingly performed an act which in any way assists an unlicensed person to practice medicine or osteopathy;

(6) has sustained a physical or mental disability which renders further practice by the holder dangerous to the public;

(7) has violated the principles of ethics as adopted by the State Board of Medical Examiners and published in its regulations;

(8) is guilty of engaging in dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;

(9) is guilty of the use of a false or fraudulent statement in a document connected with the practice of medicine;

(10) is guilty of obtaining fees or assisting in obtaining fees under dishonorable, false, or fraudulent circumstances;

(11) has intentionally violated or attempted to violate, directly or indirectly, or is assisting in or abetting the violation of or conspiring to violate the medical practice laws; or

(12) is guilty of violating the code of medical ethics adopted by the board in accordance with Section 40-47-20 or has been found by the board to lack the ethical or professional competence to practice medicine or osteopathy.

(G) In addition to all other remedies and actions incorporated in this chapter, the license of a medical or osteopathic physician adjudged mentally incompetent by a court of competent jurisdiction must be automatically suspended by the board until the physician is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.

(H) The license of a person who is convicted of or who pleads guilty or nolo contendere to a crime stated in subsection (F) (2) immediately must be suspended temporarily pending final disposition of a disciplinary proceeding to be commenced upon the conviction or the filing of a plea of guilty or nolo contendere. A person suspended under this subsection must be reinstated immediately upon the filing of a certificate that the conviction has been reversed. The reinstatement does not terminate a disciplinary action pending against the person.

(I) In enforcing subsections (F) (3) and (6) the board upon reasonable grounds may require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under a contrary rule of law or statute. A person who accepts the privilege of practicing medicine in this State or who files an application for a license to practice medicine in this State is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed to do so by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing medicine under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of medicine with reasonable skill and safety to patients.

(J) In enforcing subsections (F) (3) and (6) the board upon reasonable grounds may obtain records relating to the mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records; and these records are admissible in a hearing before the board, notwithstanding any other provision of law. A person who accepts the privilege of practicing medicine in this State or who files an application to practice medicine in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds that the same constitute a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing medicine under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of medicine with reasonable skill and safety to patients.

(K) If a person's license is suspended, reissued, or reinstated by any South Carolina board for any reason, it shall report that action to the licensee's last known employer and, if applicable, to any place where the person has been granted privileges to practice medicine.

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