South Carolina Code of Laws
Chapter 47 - Physicians And Miscellaneous Health Care Professionals
Section 40-47-32. Permanent licenses; requirements; examinations; post-graduate medical residency training requirements; fee.

(A) To obtain a permanent license to practice medicine in this State an applicant shall comply with the requirements of this section.
(B)(1) An applicant shall document to the satisfaction of the board graduation from a:
(a) medical school located in the United States or Canada that is accredited by the Liaison Committee on Medical Education or other accrediting body approved by the board;
(b) school of osteopathic medicine located in the United States or Canada accredited by the Commission on Osteopathic College Accreditation or other accrediting body approved by the board;
(c) medical school located outside the United States or Canada.
(2) An applicant who graduated from a medical school located outside of the United States shall:
(a)(i) possess a permanent Standard Certificate from the Education Commission on Foreign Medical Graduates (ECFMG); and
(ii) document a minimum of three years of progressive postgraduate medical residency training in the United States approved by the Accreditation Council for Graduate Medical Education (ACGME), American Osteopathic Association (AOA), or postgraduate training in Canada approved by the Royal College of Physicians and Surgeons, except that if an applicant has been actively licensed in another state for the preceding five years or more without significant disciplinary action, the applicant need only document one year of postgraduate residency training approved by the board; or
(b)(i) document successful completion of a Fifth Pathway program; and
(ii) complete a minimum of three years progressive postgraduate medical residency training in the United States approved by the ACGME or AOA or postgraduate training in Canada approved by the Royal College of Physicians and Surgeons or be board eligible or board certified by a specialty board recognized by the American Board of Medical Specialties (ABMS), the AOA, or another organization approved by the board;
(c) notwithstanding the provisions of this subsection, the board may waive the ECFMG or Fifth Pathway requirement if the applicant is to have a full-time academic faculty appointment at the rank of assistant professor or greater at a medical school in this State.
(C) An applicant shall document to the satisfaction of the board successful completion of:
(1) all parts of the National Board of Medical Examiners Examination in approved sequence;
(2) all parts of the National Board of Osteopathic Medical Examiners Examination in approved sequence;
(3) the Federation Licensing Exam (FLEX) based on standards established by the board;
(4) the United States Medical Licensing Examination (USMLE) based on standards established by the board;
(5) the Medical Council of Canada Qualifying Examination (MCCQE) in approved sequence;
(6) the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA);
(7) a written state examination of another state medical, osteopathic, or composite board prior to 1976, and current certification by a specialty board recognized by the American Board of Medical Specialties, the American Osteopathic Association, or another organization approved by the board; or
(8) combinations of the FLEX, National Board of Medical Examiners, and USMLE acceptable to the Composite Committee of the USMLE and approved by the board. These combinations may be accepted only if taken before 1999.
(D) In addition to meeting all other licensure requirements, an applicant shall pass the Special Purpose Examination (SPEX) or the Composite Osteopathic Variable-Purpose Examination (COMVEX), unless the applicant can document within ten years of the date of filing a completed application to the board one of the following:
(1) National Board of Medical Examiners examination;
(2) National Board of Osteopathic Medical Examiners examination;
(3) FLEX;
(4) USMLE;
(5) MCCQE;
(6) SPEX;
(7) COMVEX;
(8) COMLEX-USA;
(9) ECFMG;
(10) certification, recertification, or a certificate of added qualification examination by a specialty board recognized by either the American Board of Medical Specialties (ABMS), the American Osteopathic Association (AOA), or another organization approved by the board; or
(11) one hundred fifty hours of Category I continuing medical education in the three years preceding the date of the application by an applicant who is currently certified by a specialty board recognized by the American Board of Medical Specialties, the American Osteopathic Association, or other organization approved by the board, which certification is not time limited and does not require recertification by examination. Such Category I continuing medical education must be approved by the American Medical Association or American Osteopathic Association, or other national organization approved by the board, as appropriate. Seventy-five percent of these hours must be related to the applicant's area of specialty. This is the only exception to the ten year requirement of this subsection that does not require an examination or reexamination.
(E) The additional examination required pursuant to subsection (D) must be waived if the applicant is to practice in a position within the South Carolina Department of Corrections, the South Carolina Department of Health and Environmental Control, the South Carolina Department of Mental Health, the South Carolina Department of Disabilities and Special Needs, or the Disability Determination Services Unit of the State Agency of Vocational Rehabilitation. A license issued pursuant to this waiver is immediately invalid if the individual leaves that position or acts outside the scope of employment within the department. A change in agency may be approved upon presentation to the board of a copy of a contract in which the individual has been offered a position within the South Carolina Department of Corrections, the South Carolina Department of Health and Environmental Control, the South Carolina Department of Mental Health, the South Carolina Department of Disabilities and Special Needs, or the Disability Determination Services Unit of the State Agency of Vocational Rehabilitation.
(F) In addition to the following standards, the board shall establish minimum standards of performance to be attained on examinations for an applicant to qualify for licensure:
(1) For FLEX examinations taken before June 1, 1985, the following standards apply:
(a) An applicant for permanent licensure shall obtain, in one sitting, a FLEX weighted average score of at least seventy-five on the examination.
(b) FLEX examinations taken before June 1, 1985, were administered in three days and the days were referred to as Day 1, Day 2, and Day 3. In case of failure, the results of the first three takings of each day must be considered by the board, and the board may consider the results from a fourth taking of any day; however, the applicant has the burden of presenting special and compelling circumstances why a result from a fourth taking should be considered. These circumstances may include, but are not limited to, the applicant's additional medical education or training, the applicant's score on the third taking, or other special or compelling circumstances. Under no circumstances may the board consider results received after the fourth taking of Day 1, Day 2, or Day 3, except that a subsequent taking may be considered by the board for an applicant who currently holds a certification, recertification, or a certificate of added qualification by a specialty board recognized by the ABMS, AOA, or another organization approved by the board.
(2) For FLEX examinations taken after June 1, 1985, the following standards apply:
(a) An applicant for permanent licensure shall obtain a score of seventy- five or more on both Component I and Component II. An applicant shall pass both components within five years of the first taking of any component of this examination.
(b) FLEX examinations taken after June 1, 1985, were administered as Component I and Component II. In case of failure, the results of the first three takings of each component must be considered by the board. The board may consider the results from a fourth taking of any component; however, the applicant has the burden of presenting special and compelling circumstances why a result from a fourth taking should be considered. These circumstances may include, but are not limited to, the applicant's additional medical education or training, the applicant's score on the third taking, or other special or compelling circumstances. Under no circumstances may the board consider results received after the fourth taking of Component I or Component II, except that a subsequent taking may be considered by the board for an applicant who currently holds a certification, recertification, or a certificate of added qualification by a specialty board recognized by the ABMS, AOA, or another organization approved by the board.
(3) For the United States Medical Licensing Examination or the Comprehensive Osteopathic Medical Licensing Examination, or the Medical Council of Canada Qualifying Examination, the applicant shall pass all steps within ten years of passing the first taken step. The results of the first three takings of each step examination must be considered by the board. The board may consider the results from a fourth taking of any step; however, the applicant has the burden of presenting special and compelling circumstances why a result from a fourth taking should be considered. These circumstances may include, but are not limited to, the applicant's additional medical education or training, the applicant's score on the third taking, or other special or compelling circumstances. Under no circumstances may the board consider results received after the fourth taking of any step, except that a subsequent taking may be considered by the board for an applicant who currently holds a certification, recertification, or a certificate of added qualification by a specialty board recognized by the ABMS, AOA, or another organization approved by the board.
(G) With respect to postgraduate medical residency training requirements, the following standards apply:
(1) Graduates of approved medical or osteopathic schools located in the United States or Canada shall document the successful completion of a minimum of one year of postgraduate medical residency training approved by the board.
(2) Graduates of medical schools located outside the United States or Canada shall document a minimum of three years of progressive postgraduate medical residency training approved by the board, except that these graduates who have completed at least two and one-half years of progressive postgraduate medical residency training in the program in which they are currently enrolled may be issued a license upon certification from the program of their good standing and expected satisfactory completion. These graduates who have been actively licensed in another state for the preceding five years or more without significant disciplinary action need only document one year of postgraduate residency training approved by the board. A foreign graduate may satisfy the three year postgraduate training requirement with at least one year of approved training in combination with certification by a specialty board recognized by the ABMS, AOA, or another national organization approved by the board.
(3) The board may accept a full-time academic appointment at the rank of assistant professor or greater in a medical or osteopathic school in the United States as a substitute for and instead of postgraduate medical residency training. Each year of this academic appointment may be credited as one year of postgraduate medical residency training for purposes of the board's postgraduate training requirements.
(4) For purposes of satisfying postgraduate medical residency training requirements, the board may accept postgraduate training in the United States approved by the Accreditation Council on Graduate Medical Education or the American Osteopathic Association or postgraduate training in Canada approved by the Royal College of Physicians and Surgeons.
(H) An applicant may be denied licensure if the individual has committed acts or omissions that are grounds for disciplinary action as provided for in Section 40-47-110. The board or department immediately may cancel an authorization that was issued based on false, fraudulent, or misleading information provided by an applicant.
(I) The board may grant or refuse licensure to licentiates of the National Board of Medical Examiners, the Medical Council of Canada, or of the National Board of Osteopathic Medical Examiners without further examination and may make and establish all necessary rules and regulations for the endorsement of licensure issued by other state boards having substantially equivalent requirements.
(J) An applicant for a permanent license shall document compliance with applicable continued competency requirements.
(K) An applicant shall file a completed application, with required supporting documentation, on forms provided by the department. Primary source verification of an applicant's identity, medical education, postgraduate training, examination history, disciplinary history, and other core information required for licensure in this State must be provided through an independent credentials verification organization approved by the board.
(L) A nonrefundable permanent license application fee must be submitted with the application. Applications will not be processed without the required fee.
(M) The board must not issue a permanent license to a licensed physician of another state of the United States:
(1) whose license is currently revoked, suspended, restricted in any way, or on probationary status in that state; or
(2) who currently has disciplinary action pending in any state.
HISTORY: 2006 Act No. 385, Section 1; 2008 Act No. 411, Sections 3, 4, and 5; 2018 Act No. 221 (H.4698), Section 1, eff May 18, 2018.
Effect of Amendment
2018 Act No. 221, Section 1, in (E), in the first and third sentences, inserted ", or the Disability Determination Services Unit of the State Agency of Vocational Rehabilitation" at the end, and made nonsubstantive changes.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 47 - Physicians And Miscellaneous Health Care Professionals

Section 40-47-5. Application of Chapter 1; conflict with other articles.

Section 40-47-10. State Board of Medical Examiners; appointment; terms and vacancies; powers and duties.

Section 40-47-11. Medical Disciplinary Commission; qualifications of members; hearings; service as expert witnesses.

Section 40-47-20. Definitions.

Section 40-47-25. Rights and privileges of licensees.

Section 40-47-30. Licensure requirement; excepted activities; physician licensed in another state.

Section 40-47-31. Limited and temporary licenses.

Section 40-47-32. Permanent licenses; requirements; examinations; post-graduate medical residency training requirements; fee.

Section 40-47-33. Academic license; qualifications; responsibility of dean for compliance with practice limitations.

Section 40-47-34. Special volunteer licenses; waiver of fees; restrictions; qualifications.

Section 40-47-35. Licensure as expert medical witness; waiver of fee.

Section 40-47-36. Criminal history background checks; costs; confidentiality of information obtained.

Section 40-47-37. Practice of telemedicine, requirements.

Section 40-47-38. Maintenance of Certification not required for licensure, reimbursement, employments, or admitting privileges.

Section 40-47-40. Continuing professional education.

Section 40-47-41. License renewal; notification of change of address or adverse disciplinary action in another jurisdiction.

Section 40-47-42. Reactivation of inactive license.

Section 40-47-43. Renewal of expired license.

Section 40-47-44. Application for reinstatement of license.

Section 40-47-45. Appeal; presumption of service of notice of board action; review of motions for continuance and other interlocutory relief.

Section 40-47-50. Administrative support; fees to cover costs of operation of board; maintenance of records.

Section 40-47-70. Code of ethics.

Section 40-47-80. Investigation of complaints.

Section 40-47-90. Administering oaths.

Section 40-47-100. Restraining orders.

Section 40-47-110. Misconduct constituting grounds for disciplinary action; temporary suspensions; review of final actions; conduct subverting security or integrity of medical licensing examination process.

Section 40-47-111. Disciplinary action in another state.

Section 40-47-112. Attending patient while under the influence of alcohol or drugs; penalty; suspension and disqualification from practice.

Section 40-47-113. Establishment of physician-patient relationship as prerequisite to prescribing drugs; unprofessional conduct.

Section 40-47-114. Requiring professional competency, mental, or physical examination; request for review; obtaining records; confidentiality.

Section 40-47-115. Jurisdiction of the board.

Section 40-47-116. Initial complaint; informal conference; approval of agreement.

Section 40-47-117. Formal complaint; service; answer; formal hearing by panel; filing of report with board; board action; notice.

Section 40-47-118. Discovery; exchange of information and evidence; depositions; prehearing motions.

Section 40-47-119. Information to be exchanged before hearing; admissibility; identification of relevant portions of information.

Section 40-47-120. Sanctions; relinquishment of authorization to practice; issuance and notice of final orders.

Section 40-47-130. Grounds for denial of licensure.

Section 40-47-140. Denial of license based on prior criminal record.

Section 40-47-150. Surrender of license; public disclosure.

Section 40-47-160. Appeal.

Section 40-47-170. Costs.

Section 40-47-180. Collection of fines and costs.

Section 40-47-190. Disclosure of information relating to proceedings; public access; information relating to patients and witnesses.

Section 40-47-195. Supervising physicians; scope of practice guidelines.

Section 40-47-196. Delegation of tasks.

Section 40-47-197. Supervision of Certified Registered Nurse Anesthetist.

Section 40-47-200. Practice without license or with license obtained by submitting false information; penalty.

Section 40-47-210. Civil action for injunctive relief against person or entity violating chapter; fines.

Section 40-47-220. Severability.

Section 40-47-500. Short title.

Section 40-47-510. Definitions.

Section 40-47-520. Licensing requirement.

Section 40-47-530. Persons not subject to provisions of this article.

Section 40-47-540. Respiratory Care Committee created; membership.

Section 40-47-550. Terms of committee members; appointment and removal; expenses.

Section 40-47-560. Committee meetings; election of officers; recommendation, review, and approval of regulations.

Section 40-47-570. Employment of additional staff by director.

Section 40-47-580. Requirement that board receive and account for monies and pay them to State Treasurer.

Section 40-47-590. Responsibilities of committee; investigatory powers of board.

Section 40-47-600. Requirements for certification of respiratory care practitioners.

Section 40-47-610. Licensure of practitioners of other states; educational and examination requirements.

Section 40-47-620. Issuance of license by board.

Section 40-47-625. Temporary licenses.

Section 40-47-630. Grounds for disciplinary action; recommendations of committee as to disciplinary action; appeal.

Section 40-47-640. Renewal and reinstatement of licenses.

Section 40-47-650. Fees.

Section 40-47-655. Limited license to practice respiratory care.

Section 40-47-660. Enforcement of article.

Section 40-47-700. Citation of article.

Section 40-47-705. Definitions.

Section 40-47-710. Acupuncture Advisory Committee; membership; terms; filling vacancies; removal of members; meeting schedule; officers.

Section 40-47-715. Powers and duties.

Section 40-47-720. License to practice acupuncture; requirements and qualifications; temporary licenses.

Section 40-47-725. Licensing of current acupuncture practitioners.

Section 40-47-730. Licenses to perform auricular therapy; qualifications; temporary licenses.

Section 40-47-735. Licenses to perform auricular detoxification therapy; qualifications; temporary licenses.

Section 40-47-740. Licensing of current auricular therapists or auricular detoxification specialists.

Section 40-47-745. Unauthorized practice; penalty; cease and desist orders and injunctions; privileged communications.

Section 40-47-750. Auricular therapy defined; supervision.

Section 40-47-755. Auricular detoxification therapy defined; supervision.

Section 40-47-760. Exempted activities.

Section 40-47-765. Grounds for revocation, suspension, or denial of license.

Section 40-47-770. Inspections.

Section 40-47-775. Display of license.

Section 40-47-780. Renewal of licenses.

Section 40-47-785. Request for inactive status.

Section 40-47-790. Licensee not to hold himself or herself out as authorized to practice medicine.

Section 40-47-800. Licensing fees.

Section 40-47-810. Third party reimbursement.

Section 40-47-905. Short title.

Section 40-47-910. Definitions.

Section 40-47-915. Application of article.

Section 40-47-920. Authority to employ staff.

Section 40-47-925. Physician Assistant Committee; membership; term; filling vacancies; meetings; duty to receive and account for monies collected under article.

Section 40-47-930. Powers and duties of committee and board.

Section 40-47-935. Acts and duties PAs authorized to perform; agency relationship to supervising physician.

Section 40-47-938. Supervisory relationships.

Section 40-47-940. Application for license; compliance with Section 40-47-938.

Section 40-47-945. Conditions for granting permanent license.

Section 40-47-950. Limited PA license; conditions for issuance; duration; responsibilities of supervising physician.

Section 40-47-955. Scope of PA's practice; physical presence requirements of supervising physician; practices in separate locations.

Section 40-47-960. Scope of practice guidelines; signature and filing requirements; contents.

Section 40-47-965. Requirements for writing prescriptions for drugs, controlled substances, and medical devices.

Section 40-47-970. Limitations on permissible medical act, task, or function PA may perform.

Section 40-47-975, 40-47-980. Repealed by 2013 Act No. 28, Section 12, eff May 21, 2013.

Section 40-47-985. Inspection of office or facility employing physician assistant.

Section 40-47-990. Identification as PA; badge size and content.

Section 40-47-995. Termination of supervisory relationship; notice to board.

Section 40-47-1000. Unlicensed person holding himself out as PA; penalty; investigation; desist and refrain order; injunction; privileged communications; due process rights of respondent protected.

Section 40-47-1005. Misconduct mandating revocation or denial of license.

Section 40-47-1010. Renewal of license.

Section 40-47-1015. Fees for licensure.

Section 40-47-1020. Third party reimbursement to PA.

Section 40-47-1205. Short title.

Section 40-47-1210. Definitions.

Section 40-47-1215. Application of this article.

Section 40-47-1220. Department of Labor staff.

Section 40-47-1225. Anesthesiologist's Assistant Committee.

Section 40-47-1230. Duties of Anesthesiologist's Assistant Committee.

Section 40-47-1235. Functions and duties of anesthesiologist's assistants.

Section 40-47-1240. Licensure of anesthesiologist's assistants.

Section 40-47-1245. Sponsoring anesthesiologist; protocol delineating services provided by anesthesiologist's assistant.

Section 40-47-1250. Supervision of anesthesiologist's assistants.

Section 40-47-1255. Anesthesiologist's assistants to practice pursuant to written protocol.

Section 40-47-1260. Limitations on practice of anesthesiologist's assistants.

Section 40-47-1265. Inspections.

Section 40-47-1270. Identification of anesthesiologist's assistants.

Section 40-47-1275. Termination of sponsoring relationship between anesthesiologist and assistant.

Section 40-47-1280. Violations of this article.

Section 40-47-1285. Grounds for disciplinary action.

Section 40-47-1290. License renewal.

Section 40-47-1295. Maximum fees.

Section 40-47-1300. Third party reimbursement.

Section 40-47-1510. Citation of article.

Section 40-47-1520. Definitions.

Section 40-47-1530. Registration requirement.

Section 40-47-1540. Application for registration.

Section 40-47-1550. Renewal; lapse of registration.

Section 40-47-1560. Authorized tasks and services; supervision by cardiologist; written protocols.

Section 40-47-1570. Administration of registration program; registry maintenance and availability; promulgation of regulations.

Section 40-47-1580. Investigations of unfitness to practice or unauthorized practice.

Section 40-47-1590. Hearing before Administrative Law Court; grounds for revocation, suspension, or other discipline.

Section 40-47-1600. Proscribed activities; identification badges and notification of involvement in cardiac care.

Section 40-47-1610. Injunctions; fines; actions by unregistered persons.

Section 40-47-1620. Promulgation of regulations.