Phone: (803) 896-4500 Sheridon Spoon April Koon Alex Imgrund
Advice Counsel to the Board
providing legal advice to all Boards, Commissions
and Panels, as well as their administrative staff.
These attorneys do not provide legal advice to
parties outside LLR.
Phone: (803) 896-4500
Approved by the Board:July 28-31, 2002 Board meeting
Service Area: Medical
Subject: Botox Injections
In accordance with Section 1-23-40 of the 1976 Code of Laws of South Carolina, as amended, notice is hereby given that the State Board of Medical Examiners for South Carolina has adopted the following statement as guidance for physicians in the practice of medicine under the South Carolina Medical Practice Act and the Principles of Medical Ethics as adopted by the Board.
The S.C. Board of Medical Examiners has adopted the policy that the revision, destruction, or other structural alteration of human tissue using an injection of drugs is surgery. Botox injections should be performed only by individuals licensed to practice medicine and perform surgical services. Because treatments by injection involve the destruction of human tissue, and because the proper use of injection devices requires specialized training, the procedure may be performed only by a physician properly licensed in South Carolina to practice medicine or under the physician's supervision while on-site. Botox injections should be performed in accordance with the following criteria:
1. The informed consent of the patient must be obtained and documented;
2. A bona fide physician-patient relationship must be established;
3.The procedure should be performed only in an appropriate clinical setting that
ensures resuscitative capabilities and sterility;
4. Cosmetic use is a delegable act to an appropriately qualified licensed person and the physician
must be on-site and readily available for any problems that may occur; and
5. Any non-cosmetic indication is a non-delegable act and must be performed by the physician.
The safety of the patient is the responsibility of the supervising physician as patient protection is paramount. The physician must direct the course of the patient's treatment.
Although a physician who conducts himself/herself in accordance with this policy may avoid disciplinary action by the Board of Medical Examiners, a physician may still face civil liability under some circumstances, and should therefore consult private counsel where doubt exists as to what actions are appropriate.