Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index
| Printed Page 4757, Apr. 20 | Printed Page 4770, Apr. 20 |
Printed Page 4760 . . . . . Wednesday, April 20, 1994
S. 1094 -- Senators Bryan and Giese: A BILL TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR LICENSURE FOR CERTAIN HEALTH FACILITIES AND SERVICES, SO AS TO EXEMPT COMMUNITY-BASED HOUSING SPONSORED, LICENSED, OR CERTIFIED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS.

S. 1115 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.

Printed Page 4761 . . . . . Wednesday, April 20, 1994
S. 1119 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION AS AN OPTOMETRIST, SO AS PROSPECTIVELY TO REQUIRE THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-103, RELATING TO DIAGNOSTIC AND THERAPEUTIC EXAMINATIONS, SO AS TO DELETE THE DIAGNOSTIC CATEGORY AND TO PROVIDE THAT THEY MUST BE APPROVED RATHER THAN ADMINISTERED BY THE BOARD; TO AMEND SECTION 40-37-210, RELATING TO PROCEDURES FOR TAKING AND HEARING COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MAY BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-37-290, RELATING TO OFFICE LOCATION AND POSTING OF REGISTRATIONS, SO AS TO PROHIBIT THE BOARD FROM RESTRICTING OFFICE LOCATION AND THE USE OF MOBILE UNITS.

H. 5114--SENT TO THE SENATE

The following Bill was taken up.

H. 5114 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1994, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, PROVIDE THAT WHEN THE TOWN OF IRMO ANNEXES ITS TERRITORY THE PROPERTY ANNEXED SHALL AUTOMATICALLY BECOME PART OF THE IRMO FIRE DISTRICT, AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.

The Bill was read the third time, and ordered sent to the Senate.

Printed Page 4762 . . . . . Wednesday, April 20, 1994
H. 4481--OBJECTIONS

The following Bill was taken up.

H. 4481 -- Reps. Snow, Inabinett and Riser: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.

Rep. SNOW explained the Bill.

Reps. HOLT, KENNEDY, J. BAILEY, BREELAND and STODDARD objected to the Bill.

H. 4905--OBJECTIONS

The following Bill was taken up.

H. 4905 -- Reps. J. Wilder and Hodges: A BILL TO AMEND CHAPTER 5, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, SO AS TO DESIGNATE VOTER REGISTRATION AGENCIES TO PROVIDE CERTAIN SERVICES REGARDING VOTER REGISTRATION TO FACILITATE THIS PROCESS, TO PROVIDE FOR A PROCEDURE BY WHICH A VALID VOTER REGISTRATION FORM MAY BE COMPLETED AT THE DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, TO PROVIDE A PROCEDURE FOR AN ELECTOR TO VOTE AT A POLLING PLACE WHEN THEY HAVE MOVED AND HAVE NOT REREGISTERED IN THE PRECINCT IN WHICH THEY RESIDE, AND TO ENUMERATE THE POWERS OF THE STATE ELECTION COMMISSION IN IMPLEMENTING THE PROVISIONS OF THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE DIRECTOR DELETE THE NAME OF ANY ELECTOR WHO IS NO LONGER QUALIFIED TO VOTE IN THE PRECINCT WHERE HE IS CURRENTLY REGISTERED AND THE NAME OF AN ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE ELECTIONS, AND PROVIDE THAT THE EXECUTIVE

Printed Page 4763 . . . . . Wednesday, April 20, 1994
DIRECTOR SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND COORDINATING THE STATE'S RESPONSIBILITIES UNDER THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-30, RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE CERTAIN ARCHAIC REFERENCES AND REFERENCES TO PROVISIONS WHICH ARE BEING ELIMINATED PURSUANT TO THE PROVISIONS OF THIS ACT, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, AN APPEAL BY AN ELECTOR THAT HIS NAME HAS BEEN DELETED FROM THE ROSTER MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO THE REGISTRATION OF AN ELECTOR BY MAIL, SO AS TO AUTHORIZE A PERSON TO REGISTER TO VOTE BY MAILING OR HAVING DELIVERED A COMPLETED STATE REGISTRATION BY MAIL APPLICATION FORM OR A COMPLETED NATIONAL REGISTRATION BY MAIL APPLICATION FORM PRESCRIBED BY THE FEDERAL ELECTION COMMISSION, TO REDUCE FROM FORTY-FIVE TO THIRTY DAYS THE TIME REQUIRED BEFORE ANY ELECTION TO FILE THIS APPLICATION FORM, TO PROVIDE THAT IF THE POSTMARK OF THE APPLICATION IS MISSING OR ILLEGIBLE THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE THE ELECTION, TO DELETE THE PROVISIONS REQUIRING THE APPLICATION TO BE WITNESSED BY A QUALIFIED ELECTOR, AND TO ADD CERTAIN REFERENCES TO VOTER REGISTRATION AGENCIES BEING DESIGNATED UNDER THE PROVISIONS OF SECTION 7-5-310; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS TO VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND
Printed Page 4764 . . . . . Wednesday, April 20, 1994
SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440 AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-830, AS AMENDED, RELATING TO THE PROCEDURE WHICH MUST BE USED WHEN A VOTER IS CHALLENGED, SO AS TO ADD A PROVISION WHICH REQUIRES THE AUTHORITY IN CHARGE TO EXAMINE EACH BALLOT IN QUESTION AND COUNT ONLY THAT PORTION OF THE BALLOT WHICH APPEARS ON THE BALLOT IN THE PRECINCT IN WHICH THE ELECTOR RESIDES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO THE ITEMS WHICH ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD COMPLETED VOTER REGISTRATION APPLICATION FORMS.

Reps. A. YOUNG, MEACHAM, H. BROWN, WOFFORD, RICHARDSON, CATO, CLYBORNE, HUTSON, VAUGHN, WELLS, GAMBLE, TROTTER, MARCHBANKS, SHISSIAS, WRIGHT, HALLMAN, FULMER, HARRELL, BAKER, GRAHAM, HASKINS, THOMAS and KEEGAN objected to the Bill.

H. 4904--OBJECTIONS

The following Joint Resolution was taken up.

H. 4904 -- Reps. J. Wilder and Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENTS THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.

Reps. HASKINS, WELLS, TROTTER, A. YOUNG and ROBINSON objected to the Joint Resolution.

Printed Page 4765 . . . . . Wednesday, April 20, 1994
H. 4664--DEBATE ADJOURNED

The following Bill was taken up.

H. 4664 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-15-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP ON THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE THE NUMBER FROM NINE TO ELEVEN; TO AMEND SECTION 40-15-80, AS AMENDED, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CRITERIA FOR STUDENTS WHO MAY RECEIVE CERTAIN SERVICES FROM HYGIENISTS; TO AMEND SECTION 40-15-130, RELATING TO ADVERTISING, SO AS TO SPECIFY WHAT RESTRICTIONS THE BOARD MAY PLACE ON ADVERTISING; TO AMEND SECTION 40-15-140, AS AMENDED, RELATING TO LICENSURE AND REGISTRATION, SO AS TO REQUIRE AN APPLICANT TO PROVIDE NO MORE THAN THREE REFERENCES; AND TO REQUIRE AN APPLICANT FOR REGISTRATION AS A DENTAL TECHNICIAN TO PASS A NATIONAL EXAMINATION; TO AMEND SECTION 40-15-180, RELATING TO COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MUST BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-15-190, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO REQUIRE ELECTIONS TO NOMINATE NEW BOARD MEMBERS BEFORE JANUARY 1, 1995; AND TO REAUTHORIZE THE STATE BOARD OF DENTISTRY FOR SIX YEARS.

AMENDMENT NO. 2

Debate was resumed on Amendment No. 2, which was proposed on Tuesday, April 19, by Rep. NEAL.

Rep. NEAL explained the amendment.

Rep. CORNING objected to the Bill.

Rep. NEAL continued speaking and moved to adjourn debate upon the Bill until Thursday, April 21.

Printed Page 4766 . . . . . Wednesday, April 20, 1994
Rep. CHAMBLEE moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate, which was agreed to.

S. 1116--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 1116 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.

Reps. WALDROP and J. BAILEY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16078AC.94), which was adopted.

Amend the joint resolution, as and if amended, by adding appropriately numbered sections to read:

/SECTION . The 1976 Code is amended by adding:

"Section 40-45-270. Nothing in this chapter may be construed to create a right in a physical therapist or physical therapist assistant to:

(1) have paid to the therapist or therapist assistant a benefit under:

(a) a self-funded plan providing health benefits to residents of this State;

(b) any accident and health insurance provided to residents of this State; or

(c) any plan of operations established by a health maintenance organization licensed in the State; or

(2) have a claim against a third party payor, however situated."

SECTION . Section 40-45-20 of the 1976 Code is amended to read:

"Section 40-45-20. In As used in this chapter, unless the context otherwise requires, the following definitions shall have the following meaning:

(1) `Physical therapy' shall mean means the evaluation and treatment of any a bodily or mental condition of any a person by the use of physical, chemical, or mechanical agents, the properties of heat, light, water, electricity, massage, sound, and therapeutic exercises, including rehabilitation procedures, all under the prescription of a licensed doctor of medicine or dentistry. Without a prescription a physical therapist may conduct a one-time physical therapy evaluation on an individual. The use of roentgen rays and radium for diagnostic or therapeutic purposes, the

Printed Page 4767 . . . . . Wednesday, April 20, 1994
use of electricity for surgical purposes, including cauterization and colonic irrigations, are not authorized under the term `physical therapy' as used in this chapter.

(2) `Physical therapist' shall mean means a person who practices physical therapy.

(3) `Physical therapist assistant' shall mean means a person who assists a physical therapist and whose activities require an understanding of physical therapy but do not require advanced training in the anatomical, biological, and physical sciences involved in the practice of physical therapy.

(4) `Prescription' shall mean means the written designation or oral designation later confirmed in writing of physical therapy treatment by a licensed doctor of medicine or dentistry and the instruction therefor for physical therapy may be as detailed or as general as the doctor in his sound discretion deems considers necessary in the particular case.

(5) `Board' shall mean means the State Board of Physical Therapy Examiners."

SECTION . Section 40-45-200 of the 1976 Code, as last amended by Act 85 of 1993, is further amended to read:

"Section 40-45-200. The board, after due notice and hearing, may refuse to register any an applicant and may refuse to or renew the registration of any a registered person, and may suspend or revoke the registration of any a registered person who:

(1) Who is habitually drunk or who is addicted to the use of narcotic drugs or hallucinogenic agents;

(2) Who has been convicted of violating any a state or federal narcotic law;

(3) Who is, in the judgment of the board, guilty of immoral or unprofessional conduct;

(4) Who has been convicted of any a crime involving moral turpitude;

(5) Who is guilty, in the judgment of the board, of gross negligence in his practice practicing as a physical therapist or as a physical therapy assistant;

(6) Who has obtained or attempted to obtain registration by fraud or material misrepresentation or who has made any other false statement to the board;

(7) Who has been declared mentally incompetent by a court of competent jurisdiction and subsequently has not thereafter been declared sane;

(8) Who has treated or undertaken to treat human ailments otherwise other than by physical therapy as defined in this chapter, or who has

Printed Page 4768 . . . . . Wednesday, April 20, 1994
undertaken to practice treat by physical therapy independent of the prescription of a licensed doctor of medicine or dentistry; or

(9) Who has failed or refused to obey any a lawful order or regulation of the board.;

(10) Who knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this section or to the regulations of the board; or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy.;

(11) Who has violated the code of ethics promulgated by the board."

SECTION . Section 40-45-220 of the 1976 Code is amended to read:

"Section 40-45-220. A person registered under this chapter as a physical therapist shall may not treat human aliments ailments otherwise other than by physical therapy as defined in this chapter or undertake to practice treat by physical therapy independent of the prescription of a licensed doctor of medicine or dentistry. Nothing in this chapter shall may be construed as authorizing a registered physical therapist, or any other person to practice medicine, surgery, osteopathy, homeopathy, chiropractics, naturopathy, magnetic healing, or any other form, branch, or method of healing as authorized by the laws of this State. A person registered under this chapter as a physical therapist assistant shall perform his these duties only after the initial examination and evaluation of the patient by a registered physical therapist, with the requirement of periodic reexamination and reevaluation of the patient and his the patient's treatment program by such the registered physical therapist, at frequent intervals, not less than after every seventh treatment given by the assistant. Any A person violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, by a court of competent jurisdiction, shall must be punished as set out in Section 40-47-260 fined not more than one thousand dollars or imprisoned not more than two years, or both. Each violation constitutes a separate offense. This section applies to a corporation, association, or person aiding or abetting in violation of this section."/

Renumber sections to conform.

Amend title to conform.

Rep. WALDROP explained the amendment.

The amendment was then adopted.

The Joint Resolution, as amended, was read the second time and ordered to third reading.

Printed Page 4769 . . . . . Wednesday, April 20, 1994
H. 4991--TABLED

The following Joint Resolution was taken up.

H. 4991 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1709, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH moved to table the Joint Resolution, which was agreed to.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HINES a leave of absence for the remainder of the day.

ORDERED TO THIRD READING

The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 4992 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHOOL IMPROVEMENT COUNCILS AND THE ANNUAL SCHOOL AND DISTRICT IMPROVEMENT REPORTS (REPEALED IN ITS ENTIRETY); DISTRICT AND SCHOOL COMPREHENSIVE PLANNING (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4993 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENTING/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CHILD

Printed Page 4770 . . . . . Wednesday, April 20, 1994
DEVELOPMENT PROGRAMS (REPEALED IN ITS ENTIRETY), DESIGNATED AS REGULATION DOCUMENT NUMBER 1714, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

| Printed Page 4757, Apr. 20 | Printed Page 4770, Apr. 20 |
Page Finder Index