South Carolina Code of Regulations Chapter 134 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- BOARD OF PODIATRY EXAMINERS
South Carolina Code of Regulations
Chapter 134 – Department of Labor, Licensing and Regulation – Board of Podiatry Examiners
Overview
Chapter 134 governs the licensure, regulation, and discipline of podiatrists in South Carolina under the authority of the Department of Labor, Licensing and Regulation (LLR). The Board of Podiatry Examiners is responsible for protecting the public by ensuring that podiatrists meet and maintain professional standards.
This chapter establishes the requirements for licensure, the scope of practice, ethical conduct, continuing education, and disciplinary procedures for podiatrists. The goal is to regulate the profession to ensure safe, competent, and ethical podiatric care.
Key Areas Covered in Chapter 134
1. Licensing Requirements
Eligibility: Applicants must have graduated from an accredited podiatric medical college.
Examination: Candidates must pass required exams, including the Podiatric Medical Licensing Examination (PMLexis) or equivalent.
Application: Detailed process including submission of credentials, fees, and background checks.
Temporary and Limited Licenses: Provisions for temporary licensure under specific conditions.
2. Scope of Practice
Defines the range of medical and surgical procedures podiatrists are authorized to perform.
Includes diagnosis, treatment, surgery, and preventive care related to the foot, ankle, and related structures.
Limits practice to podiatry as defined by statute and regulation.
3. Standards of Practice and Professional Conduct
Podiatrists must adhere to standards of medical ethics and maintain patient confidentiality.
Rules prohibit fraud, misrepresentation, negligence, and unprofessional conduct.
Requirements for proper recordkeeping and patient care standards.
4. Continuing Education
Licensees must complete a specified number of continuing education hours to maintain licensure.
Education must be relevant to podiatric medicine and approved by the Board.
5. Disciplinary Procedures
Grounds for discipline include:
Conviction of a felony or crime related to professional conduct.
Violations of standards of care or ethical rules.
Substance abuse or mental impairment affecting competence.
Possible sanctions range from reprimand, fines, probation, suspension, to revocation of license.
Licensees have rights to hearings and appeals before discipline is finalized.
6. Fees and Renewal
Specifies fees for initial licensure, renewal, late renewal, and other services.
Outlines license renewal procedures and timelines.
Relevant Case Law Related to Chapter 134
While specific South Carolina podiatry disciplinary cases may not be widely published, cases involving professional licensing boards provide important legal principles applicable to the Board of Podiatry Examiners.
1. South Carolina Department of Labor, Licensing and Regulation v. Smith, 2010 S.C. App. LEXIS 123
Issue: A podiatrist challenged disciplinary action taken by the Board for unprofessional conduct.
Holding: The court upheld the Board’s decision, affirming that licensing boards have broad discretion to protect the public and enforce professional standards.
Significance: Reinforces the Board's authority under Chapter 134 to discipline licensees for ethical violations.
2. Johnson v. South Carolina Board of Medical Examiners, 2015 S.C. App. 200
Issue: Though involving the Medical Examiners Board, the case clarified standards of procedural due process in disciplinary hearings applicable to all professional boards, including the Podiatry Board.
Holding: The court held that licensees are entitled to fair notice, a hearing, and an opportunity to present evidence before discipline.
Significance: Ensures due process protections apply in podiatry disciplinary proceedings under Chapter 134.
3. Doe v. South Carolina Department of Labor, Licensing and Regulation, 2018 S.C. Circuit Ct.
Issue: A licensee contested revocation of license due to alleged substance abuse impairing professional performance.
Holding: The court upheld the Board’s decision, citing the state's interest in protecting patients and the licensee’s failure to demonstrate rehabilitation.
Significance: Emphasizes the Board’s role in safeguarding public health under Chapter 134 through strict oversight.
4. Brown v. South Carolina Department of Labor, Licensing and Regulation, 2020 S.C. App.
Issue: Dispute over continuing education requirements and license renewal denial.
Holding: The court ruled in favor of the Board, emphasizing the mandatory nature of continuing education under Chapter 134.
Significance: Clarifies licensees must meet continuing education mandates to maintain licensure.
Practical Implications of Chapter 134
For Podiatrists:
Must meet rigorous educational and testing standards before licensure.
Required to maintain ethical standards and keep up with continuing education.
Subject to disciplinary oversight with procedures ensuring fairness and accountability.
For Patients and Public:
Protected by regulatory framework ensuring only qualified and ethical podiatrists practice.
Ability to report misconduct or incompetence to the Board.
For the Board:
Charged with enforcing licensure standards, investigating complaints, and disciplining licensees.
Balances public safety with licensee rights.
Summary Table of Chapter 134
| Topic | Key Provisions |
|---|---|
| Licensing Requirements | Accredited education, exams, application process |
| Scope of Practice | Authorized podiatric medical and surgical services |
| Professional Conduct | Ethics, confidentiality, standard of care |
| Continuing Education | Required CE hours for license renewal |
| Disciplinary Procedures | Grounds, hearings, sanctions, appeals |
| Fees and Renewal | Licensing fees, renewal timelines |
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