text: South Carolina Legislature Online - 1976 South Carolina Code of Laws - Previous Versions 2001 Session Title 40 Chapter 47 Physicians, Surgeons And Osteopaths
  SECTION 40-47-5. "Physician" or "surgeon" defined. As used in this chapter, "physician" or "surgeon" shall mean a doctor of medicine. SECTION 40-47-10. State Board of Medical Examiners; appointment, terms and vacancies. There is created the State Board of Medical Examiners to be composed of ten members, one of whom must be a lay member, 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 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. SECTION 40-47-20. Meetings; officers; rules and regulations; quorum. The State Board of Medical Examiners shall meet at least twice a year at such time and place as determined by the Board. The Board shall hold elections for its officers each year. The Board may call additional meetings when necessary for the transaction of Board business. The Board shall adopt rules and regulations for its government, for the practice of medicine and for the practice of osteopathy, for judging the professional and ethical competence of physicians and surgeons including a code of medical ethics, and for the discipline of physicians and surgeons (medical and osteopathic). A majority of the Board shall constitute a quorum for the transaction of business. SECTION 40-47-25. Representation of physicians' assistants at meetings of Board. (A) A representative of the South Carolina Academy of Physicians' Assistants has the privilege of attendance at all meetings of the State Board of Medical Examiners (board) and must be permitted to speak to matters affecting physicians' assistants. However, this representative is not a member of the board and is not entitled to vote. (B) The board shall explore the possibility of administering its own examination for purposes of determining a physician's assistant's competency before issuing a temporary or permanent certificate. The board may impose an examination fee to cover the costs and expenses of administering this examination. SECTION 40-47-30. Compensation of members of Board and persons engaged in its business. Members of the Board and persons authorized by the Board, engaged in business for the Board, shall receive for their services a per diem as determined by the Board, and travel expenses as provided by law for State boards, committees and commissions. Such compensation shall be paid from Board funds. SECTION 40-47-40. "Practice of medicine" defined. Any person shall be regarded as practicing medicine within the meaning of this article who (a) shall as a business treat, operate on or prescribe for any physical ailment of another, (b) shall engage in any branch or specialty of the healing art or (c) shall diagnose, cure, relieve in any degree or profess or attempt to diagnose, cure or relieve any human disease, ailment, defect, abnormality or complaint, whether of physical or mental origin, by attendance or advice, by prescribing, using or furnishing any drug, appliance, manipulation, adjustment or method or by any therapeutic agent whatsoever. SECTION 40-47-50. "Osteopathy" defined; examination and certificate to practice; use of letters D.O. (A) "Osteopathy" is defined as a complete school of medicine and surgery utilizing all methods of diagnosis and treatment in health and disease and placing special emphasis on the interrelationship of the musculo-skeletal system to all other body systems. (B) A person is eligible for examination before the board before or after completing a board-approved one-year internship if the person: (1) holds a diploma from an osteopathic college approved by the American Osteopathic Association; (2) gives evidence of completing at least three years' preprofessional education in an accredited college or university; and (3) has attended an osteopathic college for four full courses of lectures of at least thirty-six weeks each or any combination of these courses aggregating one hundred and forty-four weeks. A person who successfully passes the examination is eligible for a temporary certificate to practice osteopathy which is good for one year. At the end of one year, if the person has completed a one-year internship, the person is eligible for a certificate to practice osteopathy. (C) Doctors of osteopathy shall use only the letters D.O. after their names when used in connection with their profession. SECTION 40-47-60. Practice of medicine or osteopathy restricted. No person shall practice medicine, surgery or osteopathy within the State unless he is twenty-one years of age and has been authorized so to do pursuant to the provisions of this article. But nothing in this article shall be construed: (1) To prohibit service in cases of emergency or the domestic administration of family remedies; (2) To apply to those who practice the religious tenets of their church without pretending a knowledge of medicine or surgery if the laws, rules and regulations relating to contagious diseases and sanitary matters are not violated; or (3) To prohibit licensed druggists from selling, using and dispensing drugs in their places of business, respectively. (4) To apply to any act, task or function performed by an assistant to a physician certified by the Board of Medical Examiners, provided that (a) such assistant is approved and certified by the Board as one qualified by training or experience to function as an assistant to a specified physician or a specified physicians' group or professional association; and (b) such act, task or function is performed at the direction and under the supervision of such physician, or physicians' group or professional association, in accordance with rules and regulations promulgated by the Board. Provided, however, that under no circumstances will these physicians' assistants nor optometrists' assistants be allowed to make a refraction for glasses or give a contact lens fitting. (5) To prohibit a licensed physician from delegating tasks to unlicensed personnel in his employ and on his premises if: a. the task is of a routine nature involving neither the special skill of a licensed person nor significant risk to the patient if improperly done; b. the task is performed while the physician is present on the premises and in such close proximity as to be readily available to the unlicensed person if needed; c. the task does not involve the verbal transmission of a physician's order or prescription to a licensed person if the licensed person requires the order or prescription to be in writing; d. the unlicensed person wears an appropriate badge denoting to any patient his status. SECTION 40-47-65. Restrictions on dispensing amphetamine substances. (1) Amphetamine, methamphetamine, phenmetrazine, their salts and isomers, as identified in Section 44-53-210, Schedule II, hereafter referred to as "the assigned drugs", shall not be dispensed or prescribed except as provided in this section. A departure from these provisions is deemed to constitute an act of professional misconduct subject to discipline under Section 40-47-200. (2) A physician, medical or osteopathic, shall not dispense or prescribe the assigned drugs without taking into account the high potential for abuse of such drugs, the possibility that such drugs may lead to severe psychic or physical dependence, the possibility that the patient will obtain the drug for a nontherapeutic use or distribution to others, and the existence of extensive abuse and an illicit market for such drugs. The physician shall note on his records the purpose for which the assigned drugs are prescribed. In no event shall there be a prescription for the purpose of treating obesity. (3) The assigned drugs shall not be dispensed or prescribed in the treatment of a hyperkinetic child syndrome prior to the taking of a complete history and physical examination. (4) A sufficient history and physical examination and appropriate diagnostic studies of a patient shall be taken to establish that the condition exists prior to dispensing or prescribing the assigned drugs in the treatment of narcolepsy. The findings upon which the diagnosis of narcolepsy was made shall be entered in the patient's record. (5) A physician, medical or ostopathic, may apply for a written waiver of the requirements of this section by submitting a written request to the Board. The request shall include all information necessary for a comprehensive evaluation of its merit. If the physician, medical or ostopathic, requesting the waiver demonstrates to the satisfaction of the Board that a waiver would further legitimize medical purposes without undermining the purposes of this section, the Board may issue a written waiver with such terms and conditions as may be deemed appropriate. (6) This section shall not be construed to endorse the use of the assigned drugs in the treatment of obesity nor shall it be construed to diminish a physician's, medical or ostopathic, responsibility to comply with those standards of medical practice in the dispensing or prescribing of the assigned drugs which are not set forth in this section. SECTION 40-47-70. Practice of acupuncture; prior written approval. The practice of acupuncture shall be permitted in this State under the supervision and referral of a licensed medical doctor or dentist in facilities approved by the Department of Health and Environmental Control. No acupuncturist shall practice in this State without prior written approval of the State Board of Medical Examiners. SECTION 40-47-75. Practice of acupuncture without prior written approval. Notwithstanding the provisions of Section 40-47-70, any acupuncturist who has lawfully practiced acupuncture in this State for at least one year prior to the effective date of this section may continue to practice acupuncture without being required to secure the prior written approval of the State Board of Medical Examiners. SECTION 40-47-80. Temporary licenses and limited certificates. The Board shall have the power to issue temporary licenses and limited certificates to practice medicine and to practice osteopathy to any physician who meets the requirements as set by the Board. A temporary license or a limited certificate may be cancelled upon notice from the Board. SECTION 40-47-90. Eligibility for examination. No person is eligible to appear before the board for examination unless the person has given evidence of preliminary and medical education as may be prescribed by the board or as defined by law. SECTION 40-47-95. Board of Medical Examiners to promulgate regulations with respect to special license for retired physicians for volunteer service. The South Carolina Board of Medical Examiners shall promulgate regulations, no later than November 1, 1992, outlining qualifications for the issuance of a special class of license for physicians who are retired from active practice and wish to donate their expertise for the care and treatment of needy patients or patients in underserved areas. SECTION 40-47-100. Special provisions for certain persons licensed to practice healing arts prior to January 1, 1956. Any person who is, and was on January 1, 1963, duly licensed by the State of South Carolina to operate a nursing home for the chronically ill and the infirm and who had immediately prior to said date continuously operated a hospital or nursing home for a period of at least seven years, and who was duly licensed by this State to practice the healing arts eighteen years prior to January 1, 1956, and who is qualified and experienced in the p