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COMMITTEE REPORT

April 19, 2005

H.3405

Introduced by Reps. Mahaffey, J.Brown, Howard, Hosey, Kennedy, M.Hines, Townsend, Anthony, Breeland, Cato, Dantzler, Emory, Hardwick, Hayes, Herbkersman, Jefferson, Jennings, Leach, J.M.Neal, Owens, M.A.Pitts, Rivers, Sinclair, Toole, Umphlett, Vaughn, Witherspoon, Young and Miller

S. Printed 4/19/05--H.

Read the first time January 27, 2005.

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (H.3405) to amend Section 40-51-20, Code of Laws of South Carolina, 1976, relating to definitions used in connection with the licensure and regulation of podiatrists, so, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 405120 of the 1976 Code is amended to read:

“Section 405120. For the purposes of this chapter:

(1) ‘Podiatry’ shall mean means the diagnosis, medical and surgical, medical, or mechanical treatment limited to of all ailments of the human foot, except the administration of an anaesthetic other than local and ankle, and their related soft tissue structures to the level of the myotendinous junction. ‘Podiatry’ does not include the amputation of the entire foot, the administration of an anesthetic other than local, or the surgical correction of clubfoot of an infant two years of age or less.

(2) “Diagnosis” shall mean to ascertain a disease or ailment by symptoms and findings and does not confer the right to use Xray other than for diagnosis ‘Podiatrist’ means a person licensed in accordance with this chapter and by such licensure is licensed to diagnose and treat ailments of the foot and ankle.

(3) “Medical treatment” shall mean the application or prescribing of any therapeutic agent or remedy for the relief of foot ailments, except the medical treatment of any systemic disease causing manifestations in the foot.

(4) “Surgical treatment” shall mean the use of any cutting instrument to treat a disease, ailment, deformity or condition of the foot, but shall not confer the right to amputate the foot or toes.”

SECTION 2. Chapter 51, Title 40 of the 1976 Code is amended by adding:

“Section 4051210. Surgery of the ankle and soft tissue structures governing the ankle must be performed in an accredited hospital or ambulatory surgery center. A podiatrist who performs these surgical procedures shall satisfy all requirements for credentials as outlined by the facility. In addition to granting or denying privileges, the governing body of each hospital or ambulatory surgery center may suspend, revoke, or modify privileges. All applicants or individuals who have privileges shall comply with all applicable medical staff bylaws, rules, and regulations, including the policies and procedures governing the qualifications of applicants and the scope and delineation of privileges.”

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

JOE E. BROWN for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Department of Labor, Licensing and Regulations reports this bill will have no impact to the General Fund of the State, or on federal and/or other funds.

Approved By:

Don Addy

Office of State Budget

[3405-3]

A BILL

TO AMEND SECTION 405120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF PODIATRISTS, SO AS TO REVISE THE DEFINITION OF “PODIATRY” AND TO DEFINE “PRACTICE OF PODIATRY”.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 405120 of the 1976 Code is amended to read:

“Section 405120. For the purposes of this chapter:

(1) ‘Practice of podiatry’ shall mean means the diagnosis, medical, physical, and surgical treatment limited to of ailments of the human foot, except the administration of an anaesthetic other than local and ankle and those anatomical structures of the leg governing and related to the function of the foot and ankle with the administration and prescription of drugs incidental to this treatment. Surgical treatment is restricted to below the anterior tibial tubercle and includes treatment of local manifestations of systemic diseases as they appear on the foot and ankle but does not include the treatment of systemic diseases causing manifestations in the foot and ankle. The practice of podiatry includes the amputations of toes or other parts of the foot but does not include the amputation of the foot or leg in its entirety The practice of podiatry includes the administration of local anesthetics in conjunction with the practice of podiatry. Spinal or general anesthesia must be administered by a health care professional regulated under this title who is authorized to administer anesthesia within the scope of his or her practice.

(2) “Diagnosis” shall mean to ascertain a disease or ailment by symptoms and findings and does not confer the right to use Xray other than for diagnosis ‘Podiatrist’ means a person licensed in accordance with this chapter and by such licensure is considered a physician and surgeon of the foot and ankle, licensed to diagnose and treat ailments of the foot and ankle.

SECTION 2. This act takes effect upon approval by the Governor.

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