South Carolina Code of Regulations
(Unannotated)
Current through State Register Volume 31, Issue 9, effective September 28, 2007.
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CHAPTER 25.
DEPARTMENT OF LABOR, LICENSING AND REGULATION-- SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS
(Statutory Authority: 1976 Code Section 40-9-30, as amended)
A. Purpose. The Board of Chiropractic was created to protect the health, safety and welfare of the public. This purpose is achieved through the establishment of minimum qualifications for entry into the profession and through swift and effective discipline for those practitioners who violate the applicable laws or rules promulgated thereunder.
B. Composition and Selection of Board. The Board is composed of eight members. One licensed chiropractor shall be appointed by the Governor from each congressional district who shall be licensed and practicing in South Carolina for a period of five years. Each congressional member must reside and practice in the district he represents. One member shall be appointed at large by the Governor and one member shall be appointed who shall not be a member of the chiropractic or medical profession.
C. Meetings and Quorum. The Board shall meet at least semi-annually for the purpose of transaction of business. A majority of the Board shall constitute a quorum for the transaction of business.
D. Files and Records. The files and records of the Board shall be kept by the Administrator of the Board. They will be subject to being audited or examined at any time by duly authorized authorities of the State.
E. Amendment of Rules. These rules, regulations and definitions may be modified, added to, or deleted as deemed appropriate by the Board of Examiners in the method prescribed for such changes by the laws of the State of South Carolina.
A. Application. Any person desiring to be licensed as a chiropractor may apply to the Board to take the licensure examination. Applications must be filed with the Board a minimum of thirty (30) days prior to a scheduled examination. Applications and accompanying documents, will be valid for one (1) year from the initial application date. After one (1) year a new application, with attendant documents and appropriate fees, must be submitted. Applicants must be within ninety (90) days of graduation or graduated, and passed all applicable National Board examinations prior to taking the Board examination. Applications must include:
(1) Pre-professional education transcript. Certified copy of the applicant's transcript from an accredited pre-professional college. Two years (60 semester hours) toward a degree from a college or university accredited by the Southern Association of Colleges and Schools or an accrediting agency of equal status and recognition.
(2) Chiropractic college transcript. Certified copy of the applicant's transcript from a chiropractic college accredited by or has recognized candidate status with the Council of Chiropractic Education or with the Commission on Accreditation of the Straight Chiropractic Academic Standards Association or meets equivalent standards. Students who are within ninety (90) days of graduation may submit an attested letter from the chiropractic college establishing his/her estimated date of graduation.
(3) National Board of Chiropractic Examiners scores. Certified copy of Parts I, II, III, and IV from the National Board of Chiropractic Examiners (NBCE) with the NBCE recommended passing score is required for applicants graduating from a chiropractic college on or after January 1, 1997. Graduates from chiropractic college on or after July 1, 1987, but before January 1, 1997 must have passed Parts I, II and III and passed a practical examination approved by the Board, such as the Special Purpose Examination for Chiropractic (SPEC) or Part IV. Graduates from chiropractic college prior to July 1, 1987 must have passed Parts I and II and passed a practical examination approved by the Board, such as the Special Purpose Examination for Chiropractic (SPEC) or Part IV. Applicants must have completed and passed all required parts of the National Board examinations prior to application for the South Carolina examination. Examination results must be received thirty (30) days prior to the administration of the South Carolina examination.
(4) Verification(s) of Licensure. Complete verification required from each state, active or inactive, in which the applicant is or has been licensed (if applicable).
(5) Photographs. Two (2) recent unmounted passport size photographs of the applicant.
(6) Fees. A check to cover all examination fees. An applicant for a new license acquired during the first six months (July 1 December 31) of the renewal year will pay the full applicable fees. An applicant for a new license obtained in the last six months (January 1 June 30) will pay one-half of the applicable fees. Thereafter, continuing education requirements and renewal fees will be in effect. Fees for subsequent years shall be set by the Board in accordance with Section 40-9-80 of the Code of Laws of South Carolina, as amended.
B. Denial of application. An application may be denied if the applicant has committed any act which indicates that the applicant does not possess the character and fitness to practice chiropractic, including any act that would be grounds for disciplinary action against a licensed chiropractor.
A. Examination Subjects. Applicants must be tested in South Carolina statutes and ethics, and must pass with a score of seventy-five percent (75%) or better. If an applicant fails to achieve a score of seventy-five percent (75%) or better he may retake the examination within one (1) year.
B. Exam Regrade Procedure.
An applicant who has submitted a written request to the Board, within thirty (30) days from the mailing date of the notification of examination results, may verify that the score reported to them is accurate by requesting a regrading of their examination. A money order or cashier's check in the amount of $25.00 for each subject to be regraded must be submitted with the written request. To protect the integrity of the examination process, applicants may not review their examination under any circumstances.
C. Failure of Examinations.
(1) Any applicant who fails any of the required subjects shall be allowed to retake the failed subjects upon payment of required fee. Applicants will be permitted two (2) successive retake examinations if necessary to pass the failed subjects, beginning at the next scheduled examination. If the applicant does not pass the failed subjects, the applicant must reapply and retake the entire examination and pay the necessary fees.
(2) An applicant who fails to satisfactorily pass an examination, who does not apply for reexamination and pay the required reexamination fee within one year, and who does not take and pass a subsequent examination within at least one year from the date of his/her original examination, must reapply for examination.
D. Endorsement/Reciprocity
A license may be granted for applicants who meet the following requirements:
(1) Applicant must have practiced for one (1) continuous year immediately preceding application to this Board.
(2) Applicants who matriculated after July 1, 1987 must meet all National Board examination requirements as set forth in Section 25-2.
(3) Applicants who matriculated prior to July 1, 1987 must:
(a) Have passed a state examination substantially equivalent to the National Board examinations or passed National Board Parts I and II;
(b) If National Board examination Parts I and II have not been passed, a Waiver form must be completed and submitted from the state in which he was licensed by examination, to include subjects tested and grades;
(4) Verification of licensure from every state where a license has been held, active or inactive, current or expired. Verification must be received directly from the state board to this office.
(5) Applicant must be tested in South Carolina statutes and ethics and must pass with a 75% or better. If applicant fails to achieve a score of 75% or better he may retake the examination within one (1) year. Failure of the second examination disqualifies the chiropractor for endorsement and he must apply for license by examination. Applications are valid for one year only and the application must be completed within one (1) year of initial application date.
(6) Applicant may be required to appear before at least two (2) members of the Board for an interview.
25-4. Waiver of Fees and Special Volunteer License.
This Board shall waive all application fees, examination fees and annual registration fees for any chiropractor who otherwise meets all permanent licensure requirements if the chiropractor proves, to the satisfaction of the Board, that his practice is to be exclusively and totally devoted to providing chiropractic care to the needy and indigent in South Carolina. To be eligible for the waiver of such fees, a chiropractor must acknowledge that there shall be no expectation of payment or compensation for any health services rendered, or any compensation or payment to the chiropractor, either direct or indirect, monetary or in-kind, for the provision of chiropractic services.
The Board also hereby establishes a Special Volunteer License for chiropractors meeting the requirements for such license. This License shall be issued for a fiscal year, or a part thereof, renewable annually upon approval by the Board. It will limit practice to a specific site(s) and practice setting(s). There will be no licensure or other fees associated with this Special Volunteer License. Requirements for this Special Volunteer License shall be as follows:
(1) Satisfactory completion of a Special Volunteer License Application, including documentation of chiropractic school graduation and practice history;
(2) Documentation of specific proposed practice location(s);
(3) Documentation that applicant has been previously issued an unrestricted license to practice chiropractic in another state of the United States and that applicant has never been the subject of any disciplinary action in any jurisdiction;
(4) Documentation that the applicant shall only practice under the supervision of a supervising chiropractor(s) approved by the Board. In order to insure that public health, safety and welfare are protected, the Board will review the proposed supervisory relationship to insure that the chiropractor supervisor(s) is competent to supervise the Special Volunteer Licensee. Factors the Board shall consider will include, but not be limited to, the training and practice experience of the supervising chiropractor, the current nature and extent of the supervising chiropractor's practice, the existence of any recent demonstration of the supervising chiropractor's clinical competency and the number of Special Volunteer Licensees the chiropractor proposes to supervise.
(5) Documentation of the name(s) of supervising chiropractor(s) and that such chiropractor(s) has agreed to accept this supervisory responsibility. All supervising chiropractors must possess an active, unrestricted permanent license to practice chiropractic in South Carolina. An approved supervising chiropractor must physically be on the premises whenever a Special Volunteer Licensee is practicing chiropractic.
(6) Documentation and acknowledgment that the applicant shall receive no payment or compensation, either direct or indirect, or have any expectation of payment or compensation for chiropractic services rendered. Moreover, the supervising chiropractor shall not receive any compensation or payment as the result of the Special Volunteer Licensee's provision of chiropractic services.
A. Renewal of License. Each license shall expire on June 30 of the year for which it is issued. The license shall be posted in a prominent location in the office where the practitioner will conduct a practice. Failure to renew the license by July 1, results in automatic lapse of license.
(1) Over 65 Status Application to the Board for Over 65 Status entitles the practitioner to a 50% reduction in the amount of applicable fees. Continuing education hours are required.
(2) Expired Licenses The right to practice in South Carolina is suspended until the following requirements are met. Licenses expired for:
(a) Less than twelve months due to non-payment of fees or satisfaction of continuing education requirements must pay that year's license fee plus a twenty-five percent (25%) penalty and, if applicable, submit satisfactory evidence of continuing education;
(b) More than 12 months but less than 3 years due to non-payment of fees or satisfaction of continuing education requirements must pay each year's license fee plus 25% penalty and, if applicable, submit satisfactory evidence of continuing education requirements, and submit an Application for Reinstatement;
(c) Three years or longer must meet requirements in effect at the time of application for a new license.
(3) New License A new license acquired during the first six months (July 1 December 31) of the renewal year will pay the full applicable fees. A new license obtained in the last six months (January 1 June 30) will pay one-half of the applicable fees.
B. Fees. Renewal fees for the period July 1, 1993 June 30, 1994 follow. Fees for subsequent years shall be set by the Board in accordance with Section 40-9-80 of the Code of Laws of South Carolina, as amended:
(1) In-State $120.00
(2) Out-State $60.00
(3) Over 65 Status Onehalf (50%) of above fees
(4) New License July 1 December 31 of the renewal year will pay the full applicable fees; January 1 June 30 will pay one-half of the applicable fees
(5) Expired License (a) Less than 12 months 25% penalty; (b) more than 12 months but less than 3 years each year's license fee plus 25% penalty; (c) more than 3 years apply for new license.
C. Renewal Period. The renewal period will be July 1 June 30 of each year.
D. Continuing Education. As a pre-requisite for biennial renewal of a practitioner's license, the licensee must complete a minimum of twenty-four (24) hours biennially of accepted professional continuing education. Of the twenty-four (24) hours, two hours are required in rules and regulations of the S.C. Board of Chiropractic Examiners and two hours in risk management which includes, but is not limited to, boundary or public health issues.
(1) Acceptable educational programs or courses are those that are: (1) presented and/or sponsored by accredited chiropractic colleges; (2) taught by post-graduate level instructors of an accredited college or school approved by the Board; or (3) presented and/or sponsored by other individuals or organizations.
(2) Sponsor Requirements. All sponsors seeking approval for their educational programs must submit a written request to the Board Administrator at least ninety (90) days prior to the scheduled date of the presentation. Each provider shall:
(a) have a mechanism for the maintenance of records for no less than three (3) years;
(b) have a method of monitoring and verifying attendance;
(c) provide each participant adequate documentation of his participation in the program to include:
(i) name and license number of participant;
(ii) name and address of the sponsoring individual(s) or organization;
(iii) name of program;
(iv) number of hours completed;
(v) date and location of program;
(vi) authorized signature;
(3) Program Request Requirements. Requests for program approval must include the following information:
(a) Name and address of the sponsoring individual(s) or organization;
(b) Instructor's name and credentials;
(c) Outline of program content;
(d) The number of actual 60-minute hours of instruction;
(e) The method of monitoring and certifying attendance;
(f) Location at which the program will be presented;
(g) The dates on which the program will be presented.
(4) Program approval will be based on the following criteria:
(a) The program will likely enhance the practitioner's knowledge and skill in the practice of chiropractic as defined by state law.
(b) The instructors are sufficiently qualified in the field of their instruction either by practical or academic experience or both.
(c) The program will be held in a suitable setting, conducive to learning.
(d) Adequate monitoring or certifying measures are likely to be observed.
(5) Practice building subject matter (administration, finance, etc.) will not be approved for license renewal.
E. Retention and Audit. Licensees must maintain copies of their attendance certificates for three (3) years from the last renewal date. The Board will conduct random audits of licensees on an annual or biennial basis to certify compliance with continuing education requirements.
F. Waiver during period of temporary medical disability. The Board reserves the right to waive continuing education requirements in individual cases involving extraordinary hardship or incapacitating illness. A licensee may be eligible for waiver or extension who, upon written application to the Board and for good cause shown, demonstrates that they are unable to participate in a sufficient number of regular continuing education programs for license renewal.
G. Therapeutic Modalities. Usage of therapeutic modalities is permitted only by those chiropractors who have passed the National Board of Chiropractic Examiners' (NBCE) examination administered by the NBCE. Chiropractors licensed in South Carolina prior to June 1, 1986 are exempt from this examination. Therapeutic modalities are limited to those modalities within the chiropractic scope of practice.
(1) Machines Permitted. The following machines have been approved for use in therapeutic modalities:
(a) High frequency Diathermy: Shortwave diathermy, Microwave diathermy, Ultrasound;
(b) Low frequency Direct current: Low voltage galvanism, High voltage galvanism;
(c) Alternating current: Sine wave, Faradic, Transcutaneous stimulation;
(d) Medium frequency current: Interferential;
(e) Combination currents: Ultrasound with sine, Ultrasound with high voltage, Sine with galvanism;
(f) Such other machines as may be approved by the Board.
(2) The following therapy procedures have been approved for use in therapeutic modalities:
(a) Heat: Hot moist packs, Heating pads, Infrared, Paraffin, Ultraviolet;
(b) Cold: Cold packs, Ice massages, Ice therapy;
(c) Hydrotherapy: Whirlpool, Hubbard tanks;
(d) Nutritional therapies;
(e) Exercise and massage;
(f) Rehabilitation and rehabilitative procedures.
(3) The following traction therapies have been approved for use in therapeutic modalities: Cervical, Thoracic, Lumbar, Pelvic, Intersegmental.
(4) Use of Diagnostic Equipment and Testing Procedures. A chiropractor may request diagnostic and testing procedures, consistent with all other applicable laws and regulations, and may perform those tests which are consistent with the chiropractic scope of practice.
(5) A chiropractor may perform non-invasive EMG testing in order to diagnose and treat conditions within his scope of practice, provided he has completed ten (10) hours of instruction offered by a qualified instructor approved by the South Carolina Chiropractic Board of Examiners.
H. Terms and Definitions.
(1) Accepted terms are Chiropractic Physician, D.C., Chiropractor, Doctor of Chiropractic.
(2) Chiropractors may not refer to themselves as physical therapists or physiotherapists in any fashion.
A. Unprofessional Acts. The following acts or activities by a licensee of this Board are considered to constitute unprofessional, unethical or illegal conduct and grounds for disciplinary action. These acts are not to be considered all-inclusive and are subject to revisions and additions necessary to carry out the Board's purpose of protecting the health, safety and welfare of the public.
(1) Limitation of Practice. Committing any act outside the limitation of practice in this State defined as follows: Persons licensed by the Board shall be limited in their practice to the care and performance of therapeutic or hygienic treatment of patients, the performance of such procedures as are normally followed in giving chiropractic physical examinations, the x-ray of patient and such other procedures as are generally used in the practice of chiropractic. Such other procedures as are generally used in the practice of chiropractic shall be limited, however, to the use of diagnostic and therapeutic procedures, the adjustment and manipulation of articulations and treatment of inter-segmental disorders for alleviation of related neurological, muscular, and osseous joint complex aberrations. Patient care shall be conducted with due regard for environmental, hygiene, sanitation, rehabilitation and physiological therapeutic procedures designed to assist in the restoration and maintenance of neurological and osseous integrity. None of these diagnostic or therapeutic procedures shall include the use of drugs, surgery, cauterization, desiccation or coagulation of tissues, rectal examinations, gynecological examinations, obstetrics, catheterization with a needle, injecting of dyes for radiological procedures, lumbar puncture to obtain spinal fluid, treatment of cancer or x-ray therapy.
(2) Fraud or deceit in applying for a license or in taking an examination.
(3) Making misleading, deceptive, untrue or fraudulent representations or communications in the practice of chiropractic.
(4) Unprofessional conduct, gross incompetence, negligence or misconduct in carrying on the practice of chiropractic.
(5) Disobedience to a lawful rule or order of the Board.
(6) Practicing while license is suspended or lapsed.
(7) Being convicted of a felony or misdemeanor.
(8) Having a license to practice chiropractic suspended, revoked or refused or receiving other disciplinary action by the proper chiropractic licensing authority of another state, territory, possession or country.
(9) Being unable to practice chiropractic with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals or any other type of material, or as a result of any mental or physical condition. In enforcing this paragraph, the Board shall, upon probable cause, have authority to compel a chiropractor to submit to a mental or physical examination by physicians approved by the Board.
(10) Knowingly aiding, assisting, procuring or advising any unlicensed person to practice chiropractic contrary to this act or regulations of the Board.
(11) Committing immoral or unprofessional conduct. Unprofessional conduct shall include any departure from, or failure to conform to, the standards of acceptable and prevailing chiropractic practice. Actual injury to a patient need not be established.
(12) Improper charges, fraud. Improper charges constitute a form of fraudulent and deceptive practice. Improper charges or fraud may include, but are not limited to: Intentionally submitting to any third-party payor a claim for a service or treatment which was not actually provided to a patient.
(13) Advertising x-ray services restricted. Unnecessary exposure to x-rays or other ionizing radiation is considered by all reputable health agencies and organizations to be potentially hazardous to the public. Advertising free x-ray services without explanation of need or otherwise implying indiscriminate use of x-radiation is prohibited.
B. X-ray and patient records release. A patient or his legal representative has a right to receive a copy of his patient record and x-rays, or have the record transferred to another health care provider, upon request, when accompanied by a written authorization from the patient or his representative. Unpaid charges incurred by the patient are not grounds for refusal to release records.
A chiropractor may not refuse to release the entire record or a portion of the record if the information is requested by a licensed attorney representing the patient, when the request is accompanied by a written authorization signed by the patient, the patient s legal guardian, or the patient s personal representative, a licensed attorney representing the patient, or by an insurance company with reference to an application for life or health insurance or the payment and adjudication of claims relating to life and health insurance or if the information is requested with reference to the payment or adjudication of personal injury claims. A chiropractor may charge reasonable costs for copying patient records.
C. Specialty Certification. Practitioners may not advertise or hold themselves out as a specialist or specializing in any activity other than those for which they have received a certification for that specialty from a specialty council approved by the American Chiropractic Association or International Chiropractors Association, or a specialty taught by a chiropractic college accredited by the Council on Chiropractic Education, or its equivalent specialty board or council or specialty approved by the Board.
D. Chiropractic Records. A practitioner must keep written chiropractic records justifying the course of treatment of the patient for a minimum of ten years for adult patients and at least thirteen years for minors. These minimum record keeping periods begin to run from the last date of treatment.
E. Contagious and Infectious Diseases. In all cases of known or suspected contagious or infectious diseases occurring within this State, the attending practitioner shall report such disease to the county health department within twenty-four hours, stating the name and address of the patient and the nature of the disease. The Department of Health and Environmental Control shall designate the diseases it considers contagious and infectious. Any practitioner who fails to comply with this provision is subject to penalties imposed by the appropriate health department.
A. Doctors of Chiropractic will at all times be guided by the highest standards of moral conduct. They will exemplify professional qualities in all dealings with patients, the general public and other members of the profession.
B. The Doctor of Chiropractic shall always be free to accept or reject a patient, bearing in mind that whenever possible he or she should respond to any reasonable request for his or her services in the interest of public health and welfare. Once he or she has accepted a patient, the Doctor of Chiropractic owes a duty not to neglect or abandon the case for any reason and not to withdraw from the case until he or she has given sufficient notice to permit the patient an opportunity to secure another professional attendant.
C. The Doctor of Chiropractic owes his or her patient the highest degree of skill and care of which he or she is capable. To this end, he or she shall endeavor to keep abreast of all new developments in Chiropractic and shall constantly endeavor to improve his or her knowledge and skill in the Science, Art and Philosophy of Chiropractic.
D. A Doctor of Chiropractic may not reveal the confidences entrusted to him or her in the course of attendance, or the deficiencies he or she may observe in the character of patients, unless he or she is required to do so by law or unless it becomes necessary in order to protect the welfare of the individual or of the community.
E. Individual chiropractors should not assume to speak for the chiropractic profession on controversial subjects. If he or she speaks, he or she should qualify his or her remarks as his or her own personal opinion and not necessarily that of his or her profession.
F. A chiropractor's sexual misconduct exploits the chiropractor/patient relationship, is a violation of the public's trust, and may cause immeasurable harm to the patient. Because of the severe potential for abuse of patients in any relationship with a health care provider or practitioner in a position of trust, it is appropriate that a three (3) month cooling off period is required from the date of the patient s last visit before any relationship with the chiropractor occurs.
Professional standards. Advertising practices by chiropractors should be ethical and professional. For the purpose of this rule, the terms communication, solicitation or advertisement shall mean any message, written broadcast or offer made by or on behalf of a licensee. Signs, solicitations, or advertisements shall clearly indicate that chiropractic services are being offered. Every licensee shall display prominently in the licensee's office the word chiropractor or D.C. A communication, solicitation or advertisement shall not:
(1) Contain a material misrepresentation of fact or law, or omit a fact necessary to make the statement considered as a whole not materially misleading.
(2) Create an unjustified expectation about results the chiropractor can achieve, or state or imply that the chiropractor can achieve results that violate the rules of Professional Conduct, the Code of Ethics, or other law.
(3) Compare the chiropractor's services with other chiropractors' or other practitioners' services, unless the comparison can be factually substantiated.
(4) Fail to indicate clearly, expressly or by context, that it is an advertisement.
(5) Be transmitted in a manner that involves intrusion, coercion, duress, compulsion, intimidation, threats, or harassing conduct, particularly those communications requiring an immediate response such as in-person or live telephone contact.
(6) Be for the purpose of soliciting a prospective patient while transmitted at the scene of an accident or en route to a hospital, emergency care center or other health care facility.
(7) Involve the payment or receipt of a commission for referral of patients. The chiropractor must limit the source of his professional income to services actually rendered by him or under his supervision, to his patients.
A. Complaint; Determination of Just Cause. Any action of the Board shall be taken only after a written complaint of misconduct has been filed with the Board. A preliminary investigation may be made by an investigator and the results of that investigation presented to the Board. If the Board determines the facts are not sufficient to support an alleged violation, the complainant will be notified, and the complaint dismissed.
B. Formal Complaint and Hearing Examiner. When the Board determines that sufficient facts exist to support an alleged violation, the Board through its Administrator will provide thirty (30) days' notice to the complainant and the respondent or their counsel and schedule a closed hearing by a Hearing Examiner selected by the Board. The General Counsel's office, upon request of the Board, shall present the case for the complainant before the examiner. The Hearing Examiner will thereafter submit a Hearing Examiner's report to the Board which shall include recommended findings of fact, conclusions of law, and disciplinary action to be taken.
C. Review by the Board. Upon receipt of the Hearing Examiner's report, the Board will forward a copy of the report to the complainant and respondent, or their counsel, and notify the complainant and respondent, or their counsel, of the time and place at which the Board will consider the report for the purpose of determining its action thereon, such notice to be given not less than ten days prior to such meeting. The complainant and respondent and their counsel, including the General Counsel's office, shall have the right to appear before the Board at such meeting, submit briefs and be heard in oral argument in opposition to or in support of the examiner's recommendation to the Board.
(1) The Board may either dismiss the complaint or find the respondent is guilty of misconduct meriting a specified sanction. The Board shall file a final certified report of the proceedings before it and shall notify the complainant and the respondent or their counsel of such action.
(2) A decision of the Board to revoke, suspend or otherwise restrict a license, or to limit or otherwise discipline persons engaging in the practice of chiropractic, shall require a majority vote of the members of the Board.
(3) A decision by the Board to revoke, suspend or otherwise restrict a license or to limit or otherwise discipline a licensee, or one who is found to be practicing chiropractic in noncompliance with this chapter shall not become effective until the tenth day following the date of delivery to the respondent of a written copy of the decision. The Board's decision will constitute a final administrative decision.
D. Appeal of Decision. The Board's final administrative decision shall be subject to appeal to the Administrative Law Judge Division, which shall hear the matter upon petition filed by the respondent with the court and served upon the Board within thirty days from the date of delivery of the Board's decision to the licensee. Service of a petition for a review of the decision shall stay the Board's decision pending completion of the appellate process.
E. Proceedings Confidential Until Filed. As authorized by Sections 40-9-97 and 30-4-70, S. C. Code of Laws 1976, unless and until otherwise ordered by this Board, all proceedings and documents relating to complaints and hearings thereon and to proceedings in connection therewith shall be confidential, unless the respondent shall in writing request that they be public. The Administrator of the Board shall keep secure in the Board's offices all written records and documents pertaining to disciplinary procedures.
F. Docket of Complaints. The Administrator of the Board shall keep a docket of each complaint and all proceedings thereon, and the same shall be retained permanently as a part of the records of the Board.
25-10 to 25-13. Repealed by State Register Volume 17, Issue No. 4, eff April 23, 1993.
25-10 to 25-13. Repealed by State Register Volume 17, Issue No. 4, eff April 23, 1993.