ORDERS:
ORDER
In this matter, the Petitioner, South Carolina Department of Labor, Licensing and Regulation, State Board of Podiatry Examiners of
South Carolina, seeks an order appointing a physician to conduct an evaluation to determine whether the Respondent has an
addiction to alcohol or drugs to such a degree as to render further practice by him dangerous to the public. The parties submitted
names, addresses, curricula vitae and other pertinent qualifications for the Court's consideration. A hearing was conducted via
conference telephone call on March 21, 2001. Petitioner was represented by Daniel J. Breen, Esquire, and Respondent was
represented by V. Clark Price, Esquire.
FINDINGS OF FACT
The Petitioner is an agency of the State of South Carolina which includes the Board of Podiatry Examiners (Board). The Board is
duly constituted and statutorily mandated to regulate the practice of podiatry in this state pursuant to S.C. Code Ann. § 40-51-10, et
seq. (Rev. 2001). The Board is charged by law with exclusive responsibility for, among other things, the discipline of licensed
podiatrists for acts of professional misconduct. Respondent is a podiatrist who is currently licensed by the Board to practice podiatry
in South Carolina.
On or about August 8, 2000, the Board issued an Order Requiring Evaluation, pursuant to S.C. Code Ann. § 40-51-160(D) (Rev.
2001), requiring Respondent to participate in an evaluation to determine whether he has an addiction to alcohol or drugs to such a
degree as to render further practice by him dangerous to the public. This Order required Respondent to report to ANMED in
Anderson, South Carolina, or otherwise comply with S.C. Code Ann. § 40-51-160(D) within seventy-two (72) hours after service of
a copy of the Order.
On August 18, 2000, Respondent reported to ANMED to receive his evaluation. Due to irregularities in the evaluation process,
Respondent refused to complete the assessment and informed the Board that the evaluation was not proper. Further, Respondent
formally requested, as mandated by S.C. Code Ann. § 40-51-160(D), that the parties mutually agree upon a physician to conduct the
examination.
The Respondent and the Board attempted to reach agreement upon a physician from October 27, 2000, to January 2, 2001. However,
they were unable to reach an agreement during this time. Accordingly, based upon this failure to agree, this action was initiated.
CONCLUSIONS OF LAW
The Board, upon just cause, may require a licensee to submit to a mental or physical examination by a physician mutually agreed to
by the licensee and the Board, in order to determine whether a licensee has an addiction to alcohol or drugs to such a degree as to
render further practice by him dangerous to the public. S.C. Code Ann. § 40-51-160(D) (Rev. 2001). If the parties are unable to
reach agreement on an evaluating physician, an Administrative Law Judge may appoint a physician to conduct the evaluation.Id.
ORDER
Based upon the foregoing, IT IS HEREBY ORDERED that the Respondent shall submit to an examination by Stephen I. Merlin,
M.D., Richland Springs Behavioral Health Services, 11 Medical Park Drive, Columbia, South Carolina 29203, telephone
1-800-887-9550.
IT IS FURTHER ORDERED that the Respondent shall contact Dr. Merlin to schedule an assessment within five (5) days of the
date of this Order, and that Respondent's counsel shall submit an affidavit to the Board providing the date and time of the
appointment within ten (10) days of the date of this Order.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
April 18, 2001
Columbia, South Carolina |
