H 3630 Session 110 (1993-1994)
H 3630 General Bill, By D.C. Waldrop, Alexander, J.J. Bailey, B.O. Baker,
R.A. Barber, Boan, H. Brown, Cooper, J.L.M. Cromer, Davenport, L.L. Elliott,
Fair, P.B. Harris, B.H. Harwell, Haskins, M.F. Jaskwhich, Jennings,
W.D. Keyserling, Littlejohn, J.G. Mattos, J.G. McAbee, Meacham, Richardson,
I.K. Rudnick, Simrill, D. Smith, Spearman, E.C. Stoddard, Trotter and Vaughn
Similar(S 722)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
40-45-260 so as to provide that no right exists for a physical therapist to
have paid to them a benefit under an insurance policy; to amend Section
40-45-20, relating to definitions in the Physical Therapy Practice Act, so as
to revise these definitions and delete the definition of "prescription"; and
to amend Section 40-45-200, relating to grounds for suspension and revocation
of registration and Section 40-45-220, relating to scope of practice and
penalties for violations, so as to delete the requirement of practicing
physical therapy under the prescription of a licensed doctor of medicine or
dentistry and to revise penalties.
03/04/93 House Introduced and read first time HJ-10
03/04/93 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-10
03/22/94 House Tabled in committee
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 40-45-260 SO AS PROVIDE THAT NO
RIGHT EXISTS FOR A PHYSICAL THERAPIST TO HAVE PAID
TO THEM A BENEFIT UNDER AN INSURANCE POLICY; TO
AMEND SECTION 40-45-20, RELATING TO DEFINITIONS IN THE
PHYSICAL THERAPY PRACTICE ACT, SO AS TO REVISE THESE
DEFINITIONS AND DELETE THE DEFINITION OF
"PRESCRIPTION"; AND TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR SUSPENSION AND
REVOCATION OF REGISTRATION AND SECTION 40-45-220,
RELATING TO SCOPE OF PRACTICE AND PENALTIES FOR
VIOLATIONS, SO AS TO DELETE THE REQUIREMENT OF
PRACTICING PHYSICAL THERAPY UNDER THE PRESCRIPTION
OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY AND
TO REVISE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-45-260. 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 2. 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. The use of roentgen rays and radium
for diagnostic or therapeutic purposes, the 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 the written or oral
designation of physical therapy treatment by a licensed doctor of
medicine or dentistry and the instruction therefor may be as detailed or
as general as the doctor in his sound discretion deems necessary in the
particular case.
(5) (4) `Board' shall mean means
the State Board of Physical Therapy Examiners."
SECTION 3. Section 40-45-200 of the 1976 Code is 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 undertaken to practice 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."
SECTION 4. 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
otherwise other than by physical therapy as defined in
this chapter or undertake to practice 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 a violation
of this section."
SECTION 5. This act takes effect upon approval by the Governor.
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