Vincent S. TOUSSAINT, M.D., Appellant, v. STATE BOARD OF MEDICAL EXAMINERS, et al., Respondents, 285 S.C. 266

Summary

The Board served a complaint that alleged professional misconduct by the physician. Before the evidentiary hearing could be held, the physician instituted the instant action. The physician challenged the constitutionality of the composition of the Board. The court held that the physician had standing to institute the challenge because of his interest in his own reputation and in his economic well-being gave him a personal stake in the outcome of the controversy. The court held that the Board was unconstitutionally composed under S.C. Const. art. III, § 1 because S.C. Code Ann. § 40-47-109 (Supp. 1984) and S.C. Code Ann. § 40-47-10 dictated membership in the Medical Association, a private organization, as a prerequisite to membership on the Board; and because § 40-47-10 unconstitutionally delegated the power of appointment to a private organization. The court explained that the power to legislate should not have been delegated to private persons or corporations nor to any other bodies.