(A) No provision of this article may be construed to require a physician to secure a Maintenance of Certification as a condition of:

(1) licensure;

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Terms Used In South Carolina Code 40-47-38

  • Certification: means approval by an established body, other than the board, but recognized by the board, that recognizes the unique, minimal requirements of specialized areas of practice. See South Carolina Code 40-47-20
  • Physician: means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. See South Carolina Code 40-47-20
  • Practice of Medicine: means :

    (a) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this State;

    (b) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;

    (c) offering or undertaking to prevent or to diagnose, correct or treat in any manner, or by any means, methods, or devices, disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of a person, including the management of pregnancy and parturition;

    (d) offering or undertaking to perform any surgical operation upon a person;

    (e) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the State as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent;

    (f) rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient is the practice of medicine subject to all of the powers provided to the Board of Medical Examiners, except as provided in § 38-59-25;

    (g) using the designation Doctor, Doctor of Medicine, Doctor of Osteopathic Medicine, Physician, Surgeon, Physician and Surgeon, Dr. See South Carolina Code 40-47-20

(2) reimbursement;

(3) employment; or

(4) admitting privileges at a hospital or federally qualified health center in this State.

(B) For the purposes of this article:

(1) "Federally qualified health center" or "FQHC" means a health center that receives a federal public health services grant under the Public Health Services Act, 42 U.S.C. § 254b, as amended, or another health center designated by the United States Health Resources and Services Administration as a federally qualified health center.

(2) "Maintenance of Certification" or "MOC" means a continuing education program that measures core competencies in the practice of medicine and surgery and is approved by a nationally recognized accrediting organization.