S 1228 Session 110 (1993-1994)
S 1228 General Bill, By Land
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
40-36-100 so as to provide that the director of the Department of Labor,
Licensing and Regulation may employ an executive secretary for the South
Carolina Board of Occupational Therapy; to amend Section 40-36-20, relating to
definitions in the Occupational Therapy Practice Act, so as to include a
definition for an occupational therapy aide and to revise other definitions;
to amend Section 40-36-60, relating to the creation of the Board of
Occupational Therapy, so as to increase membership on the Board from five to
seven and to revise requirements for membership; to amend Section 40-36-80,
relating to meetings of the Board, so as to increase the number of meetings
and to revise the number for a quorum; to amend Section 40-36-110, relating to
powers and duties of the Board, so as to authorize the Board to levy fines; to
amend Section 40-36-120, as amended, relating to requirements for licensure,
so as to change the accrediting body for educational programs; to amend
Section 40-36-130, as amended, relating to examinations for licensure, so as
to prohibit issuance of a limited permit upon failure to pass the examination;
to amend Section 40-36-150, relating to licenses, so as to revise the
requirements for a foreign-trained applicant to obtain a limited permit; to
amend Section 40-36-160, as amended, relating to disciplinary proceedings, so
as to add additional grounds for the Board to take disciplinary action; and to
amend Section 40-36-180, relating to fees, so as to authorize additional fees.
03/02/94 Senate Introduced and read first time SJ-5
03/02/94 Senate Referred to Committee on Labor, Commerce and
Industry SJ-5
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 40-36-100 SO AS TO PROVIDE THAT
THE DIRECTOR OF THE DEPARTMENT OF LABOR,
LICENSING AND REGULATION MAY EMPLOY AN
EXECUTIVE SECRETARY FOR THE SOUTH CAROLINA
BOARD OF OCCUPATIONAL THERAPY; TO AMEND SECTION
40-36-20, AS AMENDED, RELATING TO DEFINITIONS IN THE
OCCUPATIONAL THERAPY PRACTICE ACT, SO AS TO
INCLUDE A DEFINITION FOR AN OCCUPATIONAL THERAPY
AIDE AND TO REVISE OTHER DEFINITIONS; TO AMEND
SECTION 40-36-60, RELATING TO THE CREATION OF THE
BOARD OF OCCUPATIONAL THERAPY, SO AS TO INCREASE
MEMBERSHIP ON THE BOARD FROM FIVE TO SEVEN AND
TO REVISE REQUIREMENTS FOR MEMBERSHIP; TO AMEND
SECTION 40-36-80, RELATING TO MEETINGS OF THE BOARD,
SO AS TO INCREASE THE NUMBER OF MEETINGS AND TO
REVISE THE NUMBER FOR A QUORUM; TO AMEND SECTION
40-36-110, RELATING TO POWERS AND DUTIES OF THE
BOARD, SO AS TO AUTHORIZE THE BOARD TO LEVY FINES;
TO AMEND SECTION 40-36-120, AS AMENDED, RELATING TO
REQUIREMENTS FOR LICENSURE, SO AS TO CHANGE THE
ACCREDITING BODY FOR EDUCATIONAL PROGRAMS; TO
AMEND SECTION 40-36-130, AS AMENDED, RELATING TO
EXAMINATIONS FOR LICENSURE, SO AS TO PROHIBIT
ISSUANCE OF A LIMITED PERMIT UPON FAILURE TO PASS
THE EXAMINATION; TO AMEND SECTION 40-36-150,
RELATING TO LICENSES, SO AS TO REVISE THE
REQUIREMENTS FOR A FOREIGN-TRAINED APPLICANT TO
OBTAIN A LIMITED PERMIT; TO AMEND SECTION 40-36-160,
AS AMENDED, RELATING TO DISCIPLINARY PROCEEDINGS,
SO AS TO ADD ADDITIONAL GROUNDS FOR THE BOARD TO
TAKE DISCIPLINARY ACTION; AND TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO AUTHORIZE
ADDITIONAL FEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-36-100. The Director of the Department of
Labor, Licensing and Regulation may employ an executive secretary
whose salary must be fixed by the director and paid from the
appropriations of the General Assembly. The executive secretary shall
keep all records of the board, issue necessary notices to the licensees,
and perform other duties as may be requested by the director. The
executive secretary shall give bond with a licensed bonding company
in an amount as the director may fix for the faithful discharge of the
executive secretary's duties as custodian of the monies paid to the
board."
SECTION 2. Section 40-36-20 of the 1976 Code, as last amended by
Act 552 of 1988, is further amended to read:
"Section 40-36-20. As used in this chapter:
(1) `Board' means the South Carolina Board of Occupational
Therapy.
(2) `Occupational therapy' means the functional evaluation and
treatment of individuals whose ability to cope with the tasks of living
are threatened or impaired by developmental deficits, the aging
process, poverty and cultural differences, physical injury or
illness, or psychological or social disability. The treatment
utilizes occupation, namely, goal-oriented activities, to prevent or
correct physical or emotional deficits or to minimize the disabling
effect of these deficits in the life of the individual. Specific
occupational therapy techniques include, but are not limited to,
activities of daily living (ADL), the fabrication and application of
sprints splints, neurodevelopmental therapy,
physical agent modalities, sensory-motor activities, the use of
specifically designed crafts, guidance in the selection and use of
adaptive equipment, exercises to enhance functional performance,
prevocational evaluation and treatment, and consultation
concerning adaption of physical environments for the handicapped.
Such These techniques are applied in the treatment of
individual patients or, clients, in groups, or
through social systems.
(3) `Occupational therapist' means a person licensed to practice
occupational therapy.
(4) `Occupational therapy assistant' means a person licensed to
assist in the practice of occupational therapy under the supervision of
or with the consultation of an occupational therapist.
(5) `Occupational therapy aide' means a person who has received
on-the-job training in occupational therapy and is employed in an
occupational therapy setting. An occupational therapy aide must be
under direct supervision during working hours provides
supportive services as defined in regulations.
(6) `Association' means the South Carolina Occupational Therapy
Association.
(7) `Act' means the South Carolina Occupational Therapy Practice
Act."
SECTION 3. Section 40-36-60 of the 1976 Code is amended to read:
"Section 40-36-60. There is hereby created the South
Carolina Board of Occupational Therapy which shall consist of
five seven members to be appointed by the Governor.
Three Five members shall must be
licensed occupational therapists of at least three
five years' experience; one member shall must
be an a licensed occupational therapy assistant of
at least two years' experience; and one member a lay
member. All of the therapists shall be licensed. Nominations
for appointment to the board may be made to the Governor by any
individual, group, or association. From a list of all licensed
occupational therapists and occupational therapy assistants, the South
Carolina Occupational Therapy Association may submit
recommendations to the Governor of at least two names for each
vacancy on the Board to be filled by such these
licensees."
SECTION 4. Section 40-36-80 of the 1976 Code is amended to read:
"Section 40-36-80. The board shall meet at least
twice four times each year and at such other
times as its bylaws provide. A quorum for such meeting shall
consist consists of three four members.
At its initial meeting the The board shall elect from its
membership a chairman, a vice-chairman, and a secretary to
serve for one-year terms. The board shall have the power to
may adopt bylaws and rules of procedure necessary to
perform its duties."
SECTION 5. Section 40-36-110(f) of the 1976 Code is amended
to read:
"(f) Shall issue and renew licenses and levy fines as
prescribed by the board in regulation."
SECTION 6. Section 40-36-120 of the 1976 Code, as last amended
by Act 552 of 1988, is further amended to read:
"Section 40-36-120. An applicant for a license as an
occupational therapist or an occupational therapy assistant shall file a
written application on forms provided by the board showing to the
satisfaction of the board that he the applicant has:
(1) has successfully completed the academic requirements
of an accredited educational program in occupational therapy with
concentration in biologic or physical science, psychology, or sociology
and with education in selected manual skills. For an occupational
therapist or an occupational therapy assistant the essentials of
such a the program must be accredited by the
American Medical Association in collaboration with the
American Occupational Therapy Association. For an occupational
therapy assistant, the program must be approved by the American
Association's Accreditation Council for Occupational Therapy
Association Education;
(2) has successfully completed a period of supervised field work
experience at a recognized educational institution or a training
program approved by the educational institution where he
the applicant met the academic requirements. For an
occupational therapist a minimum of six months of supervised field
work experience is required. For an occupational therapy assistant a
minimum of two months of supervised field work experience is
required; and
(3) has passed an examination approved by the board."
SECTION 7. Section 40-36-130 of the 1976 Code, as last amended
by Act 552 of 1988, is further amended to read:
"Section 40-36-130. (1)(A) Any
A person applying for licensure shall, in addition to
demonstrating his eligibility in accordance with the
requirements of Section 40-36-120, shall pass an examination
approved by the board.
(2)(B) In case of failure at any examination the
applicant has the privilege of a second examination. In case of a
second failure the applicant, to be eligible for a third examination, in
addition to the requirements for previous examination, has to wait a
specific period not to exceed one year before reexamination and
is not eligible for a limited permit and may not engage in the practice
of occupational therapy in this State. The applicant may apply for a
permanent license upon successful completion of the examination.
(3)(C) Applicants may obtain their examination
scores in accordance with rules the regulations promulgated
by the board may establish."
SECTION 8. Section 40-36-150 of the 1976 Code is amended to
read:
"Section 40-36-150. (1)(A) The board shall
issue a license to any a person who meets the
requirements of this chapter upon payment of the license fee
prescribed by the board in regulation.
(2)(B) Any A person who is
issued a license as an occupational therapist may use the words
`occupational therapist', `licensed occupational therapist', or
`occupational therapist registered', or he may use the
letters `O. T.', `L. O. T.' or `O. T. R./L.' in
connection with his the person's name or place or
business to denote his registration hereunder under
this chapter.
(3)(C) Any A person who is
issued a license as an occupational therapy assistant may use the words
`occupational therapy assistant', `licensed occupational therapy
assistant', or `certified occupational therapy assistant' or
he may use the letters `O. T. A.', `L. O. T. A.' or `C.
O. T. A./L.' in connection with his the
person's name or place of business to denote his
registration hereunder under this chapter.
(4) A temporary certificate of licensure limited to six months
may be issued to a foreign-trained occupational therapist or
occupational therapy assistant who (a) makes the usual application for
license, (b) is a graduate of an approved school of occupational
therapy or of occupational therapy assistants in his own country, (c)
is a member of a professional association whose credentials are
acceptable to the American Occupational Therapy Association and to
the board and (d) pays the required licensure fee set at a reasonable
reduced rate to be established by the board.
A regular certificate of license may be issued to a foreign-trained
occupational therapist or occupational therapy assistant who fulfills the
above requirements and who passes the next examination for licensure
or who has passed the American Occupational Therapy Association's
examination for foreign-trained occupational therapist or occupational
therapy assistant.
(D) A limited permit, valid for not more than six months, may
be issued to a foreign-trained occupational therapist or occupational
therapy assistant who:
(a) makes application for licensure according to the regulations
promulgated by the board; and
(b) is a graduate of a World Federation of Occupational Therapy
approved school for occupational therapy or occupational therapy
assistants."
SECTION 9. Section 40-36-160 of the 1976 Code, as last amended
by Section 911 of Act 181 of 1993, is further amended to read:
"Section 40-36-160. (1)(A) The board may
deny or refuse to renew a license or may suspend or revoke a license
or may impose probationary conditions or levy an appropriate fine
as prescribed by the board in regulation where the licensee or
applicant is likely to endanger the health, welfare, or safety
of the public. Such unprofessional conduct shall include or
engages in misconduct for which there is a satisfactory showing to the
board of any of the following:
(a)(1) obtaining a license by means of fraud,
misrepresentation, or concealment of material
facts.;
(b)(2) Being guilty of engaging
in unprofessional conduct as defined by the rules
established promulgated by the board in
regulation or violating the Code of Ethics adopted and
published promulgated by the board. in
regulation;
(c)(3) being convicted of a felony or a crime
involving moral turpitude.;
(4) misrepresenting occupational therapy credentials including
education, training, experience, and competence;
(5) engaging in false, misleading, or deceptive advertising;
(6) obtaining or attempting to obtain compensation by fraud or
deceit;
(7) violating a federal or state law which relates to the practice
for which the individual has a certificate;
(8) engaging in assault and battery of patients or others with
whom the practitioner has a professional relationship;
(9) engaging in sexual misconduct or abuse involving patients
or others with whom the practitioner has a professional relationship;
(10) engaging in the practice of occupational therapy while one's
ability to practice is impaired by alcohol or other drugs;
(11) engaging in the practice of occupational therapy while one's
ability to practice is impaired by reason of physical or mental
disability or disease;
(12) being adjudicated mentally incompetent by a court;
(13) otherwise violating the prevailing standards of the profession
relating to the safe, proficient, or competent practice of occupational
therapy.
(2)(B) Such denial Denial, refusal
to renew, suspension, or revocation of a license or imposition
of probationary conditions or levy of a fine upon a licensee
may be ordered by the board in a decision made after a hearing in the
manner provided by the rules adopted by the board for in
the Administrative Procedures Act. A transcribed record of the
hearing shall must be made. No sooner than one year
from the date of the revocation of a license, application may
be made to the board for reinstatement. The board shall have
discretion to may accept or reject an application for
reinstatement and may hold a hearing to consider such
reinstatement.
(3)(C) Any A licensee or
applicant aggrieved by a decision of the board under this section may
appeal such the decision to an administrative law
judge as provided under Article 5 of Chapter 23 of Title 1 on the
record made before the board."
SECTION 10. Section 40-36-180 of the 1976 Code is amended to
read:
"Section 40-36-180. (A) The board shall prescribe
and publish in the manner established by its rules in
regulation fees in amounts determined by the board for the
following purposes:
(1) application for examination. fee;
(2) Initial license fee.;
(3) Renewal of license fee. by
reciprocity;
(4) Late renewal fee. verification of license;
(5) annual renewal;
(6) late renewal fee;
(7) reinstatement fee;
(8) mailing list fee;
(9) duplicate license certificate;
(10) duplicate identification card.
(B) All revenues and income from licenses, examination
fees, other fees, sale of commodities and services, and income derived
from any other board, source, or activity shall
must be remitted to the State Treasurer as collected, when
practicable, but at least once each week, and shall
must be credited to the General Fund of the State. All
assessments, fees, or licenses shall must be
levied in an amount sufficient to at least equal the amount
appropriated in the annual General Appropriations Act for the board,
plus any additional funds allocated by the Budget and Control Board
for implementation of the State's Personnel Compensation Plan."
SECTION 11. This act takes effect July 1, 1994.
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