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 South Carolina Board of Podiatry Examiners, which regulates the practice of podiatry in South Carolina. The Board operates under the Department of Labor, Licensing and Regulation and is charged with licensing podiatrists, enforcing professional standards, and protecting public health and safety through regulation of podiatric medical practice.
Key Functions and Responsibilities
Licensing: Establishes requirements and procedures for licensure of podiatrists, including examinations, education, and training standards.
Regulation of Practice: Defines the scope of podiatric practice, professional conduct, and ethical standards.
Disciplinary Authority: Investigates complaints, holds hearings, and disciplines licensees for violations such as malpractice, unethical behavior, or incompetence.
Continuing Education: Requires licensees to complete continuing education to maintain licensure.
Public Protection: Ensures podiatric services meet safety and quality standards to protect patients.
Administrative Procedures under Chapter 134
Licensing Process
Application requirements including education credentials, examination results, and background checks.
Renewal and continuing education mandates to maintain licensure.
Complaint Investigation and Discipline
Procedures for receiving and investigating complaints.
Notice of alleged violations and opportunity for licensees to respond.
Administrative hearings conducted to adjudicate complaints.
Enforcement and Penalties
Imposition of sanctions including license suspension, revocation, fines, probation, or reprimand.
Public disclosure of disciplinary actions to inform and protect consumers.
Scope of Practice
Defines authorized medical procedures and treatments podiatrists may perform.
Limits practice to avoid unauthorized medical acts.
Case Law Illustrations Related to the Board’s Authority
1. Jones v. South Carolina Board of Podiatry Examiners (Example)
Facts: A podiatrist challenged the Board’s suspension of their license for alleged professional misconduct.
Held: The court upheld the suspension, finding that the Board provided sufficient evidence and followed due process in conducting the hearing.
Significance: Affirmed the Board’s authority to discipline licensees when supported by evidence and proper procedures.
2. Smith v. Board of Podiatry Examiners (Example)
Facts: A candidate contested denial of licensure due to failing the licensing examination.
Held: The court deferred to the Board’s discretion and expertise in setting licensure standards and exam evaluations.
Significance: Reinforced agency discretion in licensing decisions and professional qualifications.
3. Public Safety and Scope of Practice Case (Example)
Facts: A disciplinary case involved allegations of a podiatrist performing unauthorized medical procedures.
Held: The court supported the Board’s enforcement action, emphasizing protection of public health through strict adherence to defined practice boundaries.
Significance: Highlighted the Board’s role in maintaining professional standards and protecting patients.
Importance of Chapter 134 Regulations
Professional Standards: Ensures podiatrists meet high standards of competence and ethics.
Public Safety: Protects patients by regulating who may practice podiatry and how.
Due Process: Provides licensees with fair procedures in disciplinary and licensing matters.
Consumer Awareness: Promotes transparency through public disclosure of disciplinary actions.
Summary
Chapter 134 establishes the regulatory framework for the South Carolina Board of Podiatry Examiners.
The Board licenses podiatrists, enforces professional standards, and disciplines misconduct.
Courts uphold the Board’s decisions when supported by evidence and due process.
These regulations safeguard the quality and safety of podiatric medical services in South Carolina.
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