Physician Disciplinary Proceedings Are Confidential until Final Order Is Issued
Physician disciplinary proceedings are considered confidential until a final order is issued by the Board of Medical Examiners. Also, proceedings may be made public if the physician desires and requests so.
Section 1-23-600(A) of the South Carolina Code of Laws Annotated provides: "Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law . . . The decisions or orders of administrative law judges are not required to be published, but are available for public inspection unless the confidentiality thereof is allowed or required by law." (Emphasis Added).
Also, section 40-47-213 of the Code states: "No person . . . may mention the existence of the complaint, investigation, or other proceeding, disclose any information pertaining to the complaint, investigation, or other proceeding, or discuss any testimony or other evidence in the complaint, investigation, or other proceeding, except to persons involved and having a direct interest in the complaint, investigation or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. . . ."
Note, however, that although the administrative law court may keep disciplinary proceedings confidential until an order is final, as a public body, the court must make specific findings of fact when faced with issues in which there are disputes.
This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.
Posted by Ryan McCabe at 2/27/2009 9:07 AM 
Categories: Disciplinary Proceedings,Confidentiality,Physicians
Categories: Disciplinary Proceedings,Confidentiality,Physicians
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