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Bill 1016

                    Current Status

Bill Number:                      1016
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020213
Primary Sponsor:                  Fair
All Sponsors:                     Fair
Drafted Document Number:          l:\council\bills\nbd\11200ac02.doc
Residing Body:                    Senate
Current Committee:                Medical Affairs Committee 13 SMA
Subject:                          Physical Therapy Examiners Board, 
                                  authority


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020213  Introduced, read first time,           13 SMA
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 40-45-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS TO REFUSE TO GRANT AND TO REVOKE, SUSPEND, OR RESTRICT A LICENSE AND GROUNDS FOR SUCH ACTIONS, SO AS TO INCLUDE AS SUCH GROUNDS FAILING TO REFER A PATIENT, AMONG OTHERS, TO A CHIROPRACTOR WHEN THE PATIENT'S MEDICAL CONDITION WAS BEYOND THE SCOPE OF PRACTICE OF THE PHYSICAL THERAPIST AND TREATING A PATIENT WITHOUT A REFERRAL FROM, AMONG OTHERS, A CHIROPRACTOR.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 40-45-110(A) of the 1976 Code is amended to read:

"(A) In addition to other grounds provided for in Section 40-1-110, the board, after notice and hearing, may restrict or refuse to grant a license to an applicant and may refuse to renew the license of a licensed person, and may suspend, revoke, or otherwise restrict the license of a licensed person who:

(1) requests, receives, participates, or engages directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services or profits by means of a credit or other valuable consideration including, but not limited to, wages, an unearned commission, discount, or gratuity with a person who referred a patient, or with a relative or business associate of the referring person;

(2) has treated or undertaken to treat human ailments otherwise than by physical therapy or has practiced physical therapy and failed to refer to a licensed medical doctor, a licensed chiropractor, or dentist any patient whose medical condition should have been determined at the time of evaluation or treatment to be beyond the scope of practice of a physical therapist;

(3) knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this chapter or to regulations promulgated by the board pursuant to this chapter or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy;

(4) in the absence of a referral from a licensed medical doctor, a licensed chiropractor, or dentist, provides physical therapy services beyond thirty days after the initial evaluation and/or treatment date without the referral of the patient to a licensed medical doctor or dentist;

(5) changes, or in any way modifies, any specific patient care instructions or protocols established by an appropriate health care provider without prior consultation with and approval by the appropriate health care provider."

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