South Carolina Code of Regulations Chapter 81 - DEPARTMENT OF LABOR, LICENSING AND REGULATION STATE BOARD OF MEDICAL EXAMINERS
Here’s an organized summary of Chapter 81 – Department of Labor, Licensing and Regulation: State Board of Medical Examiners from the South Carolina Code of Regulations:
📚 Statutory Authority
Chapter 81 is issued under 1976 Code §§ 40‑1‑70, 40‑47‑10, 40‑47‑110, and 40‑47‑1720 (scstatehouse.gov).
🔐 Article 1 – Safeguarding Patient Records (§ 81‑1)
Physicians must designate a responsible party for custody of patient medical records in case of incapacity, disappearance, or death. If none is designated, the Board Administrator can petition to appoint one. The appointed custodian must:
Safeguard records;
Notify patients individually and publicly (via mail, postings, newspaper notices);
Distribute records upon proper request;
Follow retention and privacy guidelines;
Be empowered as agent of the Board for up to 12 months (with possible extension) (law.cornell.edu, scstatehouse.gov).
⚖️ Article 2 – Discipline of Physicians (§ 81‑10 to 81‑27)
This empowers the Board to investigate and discipline physicians for misconduct, via formal complaint, hearing by a three-member panel, confidentiality protections during proceedings, issuance of final orders, and appeal rights (law.justia.com).
🔄 Article 3 – Reinstatement (§ 81‑31 to 81‑33)
Outlines procedures for physicians to petition for reinstatement after license revocation or suspension, including filing requirements and Board review (law.justia.com).
🕵️ Article 4 – Board‑Initiated Investigations (§ 81‑40)
Allows the Board or Commission members to independently initiate investigations into physician conduct and details the process (law.justia.com).
📖 Article 5 – Construction of Discipline Rules (§ 81‑50)
Requires that disciplinary regulations be interpreted liberally to carry out their public protection purposes (law.cornell.edu).
🩺 Article 6 – Principles of Medical Ethics (§ 81‑60)
Sets foundational ethical standards for physicians, including dedication to competent care with compassion and respect for human dignity (law.justia.com).
👤 Article 7 – Limited Licenses (§ 81‑70 & 81‑75)
§ 81‑70: Limited licenses cost $150; practicing before approval incurs a $25 late fee and possible violation charges (law.justia.com).
§ 81‑75: Special volunteer or emergency temporary licenses are also defined under these provisions (law.justia.com).
📘 Article 8 – Written Examination (FLEX/USMLE) (§ 81‑80 to 81‑81)
Details eligibility and requirements to take the FLEX or USMLE Step 3 exams, plus oral/written exams for international medical graduates .
🌐 Article 9 – Endorsement (§ 81‑90)
Describes criteria for licensure by endorsement, including verification of credentials and possibly additional examinations (law.justia.com).
🗳 Article 9.5 – Election Procedures (§ 81‑91)
Establishes rules for electing Board and Medical Disciplinary Commission members, including notice and candidate procedures (law.justia.com).
🏥 Article 9.7 – Office‑Based Surgery (§ 81‑96)
Regulation governing Level II and III office-based surgeries, requiring:
Registration of each location and accrediting agency;
Accreditation (e.g., AAAHC, JCAHO) within one year;
Specific supervision, staffing, monitoring, and incident reporting protocols (law.cornell.edu, maynardnexsen.com).
🧑⚕️ Article 10 – Physician Assistants (§ 81‑110)
Covers provisions relating to the licensing and supervision of physician assistants (though detailed sections not shown) (scstatehouse.gov).
🫁 Article 11 – Respiratory Care Practitioners (§ 81‑200 to .300)
Defines licensure, provisional requirements, continuing education, ethics, and misconduct reporting for respiratory care practitioners (law.justia.com).
🏫 Article 12 – Academic Licenses (§ 81‑401 to .507)
Regulates academic physician licenses, likely covering scope, limitations, and renewal criteria (detailed text not retrieved) .
✅ Key Takeaways
Chapter 81 offers a thorough regulatory framework governing:
Safeguarding patient records in emergency or disruptive events
Physician oversight, including ethics, discipline, reinstatement, and license categories
Specialty areas such as office-based surgery, physician assistant practice, respiratory care, and academic roles
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