H*3784 Session 112 (1997-1998)
H*3784(Rat #0448, Act #0360 of 1998) General Bill, By Haskins, Allison, Altman,
Bailey, Barfield, Barrett, Battle, Bauer, J.M. Baxley, Bowers, G. Brown,
H. Brown, A.W. Byrd, Campsen, Cato, Cave, Clyburn, Cobb-Hunter, Cooper,
Davenport, Edge, Fleming, Govan, Hamilton, Harrell, J. Hines, M. Hines,
J.H. Hodges, Howard, Jennings, B.L. Jordan, Kelley, Knotts, Law, Leach, Lee,
Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller,
J.H. Neal, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer,
Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn,
Webb, Whatley, Whipper, Woodrum and W.J. Young
Similar(S 659)
A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS,
SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK
ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1,
TITLE 40 AND TO INCREASE THE BOARD OF PHYSICAL THERAPY EXAMINERS FROM FIVE TO
NINE, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL
THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR
TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, PROVIDING SANCTIONS FOR
TREATING PATIENTS BEYOND THIRTY DAYS WITHOUT A REFERRAL FROM A DOCTOR OR
DENTIST OR BEYOND THE SCOPE OF PRACTICE, CLARIFYING THE SCOPE OF PRACTICE,
PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR
PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN
APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE,
REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY.-AMENDED
TITLE
04/01/97 House Introduced and read first time HJ-81
04/01/97 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-81
01/14/98 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-5
01/15/98 House Objection by Rep. Cotty, Cromer, Harvin, Keegan,
Seithel & Hawkins HJ-11
01/29/98 House Debate adjourned until Tuesday, February 3, 1998 HJ-25
02/03/98 House Debate adjourned until Tuesday, February 10, 1998 HJ-19
02/19/98 House Amended HJ-37
02/19/98 House Debate interrupted HJ-43
02/19/98 House Member(s) added as co-sponsor(s): Rep(s) Campsen
and Harrell HJ-8
02/25/98 House Amended HJ-50
02/25/98 House Read second time HJ-66
02/25/98 House Roll call Yeas-94 Nays-13 HJ-66
02/26/98 House Read third time and sent to Senate HJ-28
03/03/98 Senate Introduced and read first time SJ-8
03/03/98 Senate Referred to Committee on Medical Affairs SJ-8
03/04/98 Senate Recalled from Committee on Medical Affairs SJ-3
03/04/98 Senate Committed to Committee on Labor, Commerce and
Industry SJ-3
04/14/98 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-12
04/29/98 Senate Special order- Chairman's slot
05/19/98 Senate Amended SJ-46
05/19/98 House Read second time HJ-46
05/19/98 Senate Ordered to third reading with notice of
amendments SJ-46
05/19/98 Senate Retaining place on calendar SJ-47
05/20/98 Senate Read third time and returned to House with
amendments SJ-44
05/27/98 House Senate amendment amended HJ-53
05/27/98 House Returned to Senate with amendments HJ-54
05/28/98 Senate Concurred in House amendment and enrolled SJ-22
06/04/98 Ratified R 448
06/08/98 Signed By Governor
06/08/98 Effective date 06/08/98
06/19/98 Copies available
06/19/98 Act No. 360
(A360, R448, H3784)
AN ACT TO AMEND CHAPTER 45, TITLE 40, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO
AS TO CONFORM THIS CHAPTER TO THE STATUTORY
ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR
PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN
CHAPTER 1, TITLE 40 AND TO INCREASE THE BOARD OF
PHYSICAL THERAPY EXAMINERS FROM FIVE TO NINE, TO
FURTHER PROVIDE FOR THE LICENSURE AND REGULATION
OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO,
DELETING THE REQUIREMENT FOR TREATMENT BY
PRESCRIPTION OF A PHYSICIAN OR DENTIST, PROVIDING
SANCTIONS FOR TREATING PATIENTS BEYOND THIRTY DAYS
WITHOUT A REFERRAL FROM A DOCTOR OR DENTIST OR
BEYOND THE SCOPE OF PRACTICE, CLARIFYING THE SCOPE
OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY
PARTICIPATING IN REFUNDING FEES FOR PATIENT
REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT
GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING
PROVISIONAL LICENSES AND BIENNIAL LICENSURE,
REQUIRING CONTINUING EDUCATION FOR RENEWAL,
PROVIDING A CIVIL PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
Chapter revised
SECTION 1. Chapter 45, Title 40 of the 1976 Code is amended to
read:
CHAPTER 45
Physical Therapists
Section 40-45-5. Unless otherwise provided in this chapter, Article
1, Chapter 1 applies to the regulation of physical therapists and physical
therapist assistants; however, if there is a conflict between this chapter
and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
Section 40-45-10. There is created the State Board of Physical
Therapy Examiners to license physical therapists and physical therapist
assistants under the administration of the Department of Labor, Licensing
and Regulation. The purpose of this board is to protect the public through
regulation of professionals who identify, assess, and provide treatment for
individuals with physical disabilities through the administration and
enforcement of this chapter and any regulations promulgated under the
chapter.
The board consists of nine members appointed by the Governor, six of
whom must be licensed physical therapists, with one from each
congressional district, two of whom must be physical therapist assistants,
and one from the general public. The South Carolina Physical Therapy
Association, Inc., shall submit recommendations to the Governor of at
least two names for each physical therapist and physical therapist assistant
member. The Governor also shall consider nominations from any other
individual, group, or association. The physical therapist and the physical
therapist assistant member each must have had at least three years'
experience before being appointed and while serving on the board be
actively practicing in this State. Members shall serve terms of four years
and until their successors are appointed and qualify. Vacancies must be
filled in the manner of the original appointment for the unexpired portion
of the term.
Section 40-45-20. As used in this chapter:
(1) 'Board' means the State Board of Physical Therapy Examiners.
(2) 'On-site supervision' means supervision provided by a physical
therapist or physical therapist assistant who must be:
(a) continuously on site and present in the department or facility
where the supervisee is performing services;
(b) immediately available to assist the supervisee in the services
being performed;
(c) maintain continued involvement in appropriate aspects of each
treatment session in which a component of treatment is delegated to the
supervisee.
(3) 'Person' means an individual.
(4) 'Physical therapist' means a person who has met all the conditions
of this chapter and is licensed in this State to practice physical therapy.
(5) 'Physical therapist assistant' means a person who is licensed by the
board to assist a physical therapist in the practice of physical therapy and
whose activities are supervised and directed by a physical therapist whose
license is in good standing.
(6) 'Physical therapy' means the care and services provided by or
under the direction and supervision of a licensed physical therapist.
(7) 'Physical therapy aide' means a nonlicensed person who helps the
physical therapist or physical therapist assistant but whose duties do not
require an understanding of physical therapy nor formal training in
anatomical, biological, or physical sciences.
(8) 'Student' or 'physical therapy student' means an individual enrolled
in a board-approved physical therapist or physical therapist assistant
program while engaged in completing the clinical education requirement
for graduation.
(9) 'The practice of physical therapy' means the evaluation and
treatment of human beings to detect, assess, prevent, correct, alleviate,
and limit physical disability, bodily malfunction, and pain from injury,
disease, and any other bodily or mental condition and includes the
administration, interpretation, documentation, and evaluation of physical
therapy tests and measurements of bodily functions and structures; the
establishment, administration, evaluation, and modification of a physical
therapy treatment plan which includes the use of physical, chemical, or
mechanical agents, activities, instruction, and devices for prevention and
therapeutic purposes; and the provision of consultation and educational
and other advisory services for the purpose of preventing or reducing the
incidence and severity of physical disability, bodily malfunction, and
pain. The use of roentgen rays and radium for diagnostic or therapeutic
purposes and 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, and nothing in this chapter shall
be construed to authorize a physical therapist to prescribe medications or
order laboratory or other medical tests.
Section 40-45-30. A person shall not engage in the practice of physical
therapy without a license issued in accordance with this chapter. A
person who practices as a physical therapist or as a physical therapist
assistant without being licensed under this chapter or whose license has
been suspended or revoked or who uses in connection with his name the
words or letters 'PT', 'Licensed Physical Therapist', 'Physical Therapist',
'Physio Therapist', 'Licensed Physical Therapist Assistant', 'PTA', or any
other letters, words, or insignia indicating or implying that he is a physical
therapist or a physical therapist assistant or who in any other way, orally
or in writing or in print or by sign directly or by implication, represents
himself as a physical therapist or physical therapist assistant without being
licensed by the board is subject to the penalties provided for in this
chapter.
Section 40-45-50. (A) The Department of Labor, Licensing and
Regulation shall provide all administrative, fiscal, investigative,
inspectional, clerical, secretarial, and license renewal operations and
activities of the board in accordance with Section 40-1-50.
(B) The board shall establish fees in regulation.
(C) The board may direct applicants to pay an examination fee directly
to a third party who has contracted to administer the examination.
(D) Fees are nonrefundable and may be prorated in order to comply
with a biennial schedule.
Section 40-45-60. (A) The board may adopt rules governing its
proceedings and may promulgate regulations necessary to carry out the
provisions of this chapter including, but not limited to, promulgation of
regulations for the practice of physical therapy, determining the
qualifications and requirements for licensure, establishing a code of ethics
binding on persons licensed under or subject to this chapter, and
establishing disciplinary procedures.
(B) The board may have and use an official seal bearing the words
'State Board of Physical Therapy Examiners in South Carolina'.
Section 40-45-70. In addition to the powers and duties provided in this
chapter, the board has those powers and duties set forth in Section
40-1-70.
Section 40-45-80. The Department of Labor, Licensing and
Regulation shall investigate complaints and violations of this chapter as
provided in Section 40-1-80. Nonboard members may serve as advisors
to provide professional expertise to inspectors or investigators.
Section 40-45-90. For the purpose of an investigation or proceeding
under this chapter, the board or a person designated by the board may
subpoena witnesses, take evidence, and require the production of any
documents or records which the board considers relevant to the inquiry.
Section 40-45-100. In addition to other remedies provided in this
chapter or Article 1, Chapter 1, the board in accordance with Section
40-1-100 also may issue a cease and desist order or may petition an
administrative law judge for a temporary restraining order or other
equitable relief to enjoin a violation of this chapter.
Section 40-45-110. (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 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 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.
(B) An act or omission by a licensee causing the denial, revocation,
suspension, or restriction of a license to practice physical therapy in
another state is sufficient for the issuance of a formal complaint and the
commencement of disciplinary proceedings as provided in this section.
Proof of an act or omission may be shown by a copy of the transcript of
record of the disciplinary proceedings in another state or a copy of the
final order, consent order, or similar order stating the basis for the action
taken. This subsection applies only when the disciplinary action taken in
another state is based on grounds that would constitute grounds for
disciplinary action under subsection (A) and Section 40-1-110.
Upon the filing of an initial complaint alleging that a licensee has been
disciplined in another state, the licensee must submit to the board copies
of all transcripts, documents, and orders used, relied upon, or issued by
the licensing authority in the other state. Failure to submit these items
within ninety days of the board's request for them results in the
suspension of the individual's license to practice physical therapy in this
State until the items have been provided to the board.
A licensee may present mitigating testimony to the board regarding
disciplinary action taken in another state or evidence that the acts or
omissions committed in another state do not constitute grounds for
disciplinary action under subsection (A) and Section 40-1-110.
(C) A complaint may be made in writing to the board or may be made
by the board on its own initiative.
(D) In enforcing this chapter, the board, upon reasonable grounds, may
require a licensee or applicant to submit to a mental or physical
examination performed by a physician designated by the board and
including, but not limited to, urinalysis and blood work to determine the
presence of drugs. The results of an examination are admissible in a
hearing before the board, notwithstanding a claim or privilege under a
contrary rule of law or statute. A person who accepts the privilege of
practicing physical therapy in this State is deemed to have consented to
submit to a mental or physical examination and to have waived all
objections to the admissibility of the results in a hearing before the board
upon the grounds that the same constitutes a privileged communication.
If a licensee or applicant fails to submit to an examination when properly
directed to do so by the board, unless the failure was due to circumstances
beyond the person's control, the board shall enter an order automatically
suspending or denying the license pending compliance and further order
of the board. A licensee or applicant who is prohibited from practicing
physical therapy under this subsection must be afforded at reasonable
intervals an opportunity to demonstrate to the board the ability to resume
or begin the practice of physical therapy with reasonable skill and safety
to patients.
(E) In enforcing this chapter, the board upon reasonable grounds may
obtain records relating to the mental or physical condition of a licensee or
applicant including, but not limited to, psychiatric records; and these
records are admissible in a hearing before the board, notwithstanding any
other provision of law. A person who accepts the privilege of practicing
physical therapy in this State or who files an application to practice
physical therapy in this State is deemed to have consented to the board
obtaining these records and to have waived all objections to the
admissibility of these records in a hearing before the board upon the
grounds that the same constitute a privileged communication. If a
licensee or applicant refuses to sign a written consent for the board to
obtain these records when properly requested by the board, unless the
failure was due to circumstances beyond the person's control, the board
shall enter an order automatically suspending or denying the license
pending compliance and further order of the board. A licensee or
applicant who is prohibited from practicing physical therapy under this
subsection must be afforded reasonable opportunity to demonstrate to the
board the ability to resume or begin the practice of physical therapy with
reasonable skill and safety to patients.
Section 40-45-115. The board has jurisdiction over the actions of
licensees and former licensees as provided in Section 40-1-115.
Section 40-45-120. In addition to the sanctions the board may impose
against a person pursuant to Section 40-45-110, the board may take
disciplinary action against a person as provided in Section 40-1-120 and
also may impose a civil penalty of not more than two thousand dollars for
each violation of this chapter or of a regulation promulgated under this
chapter, the total penalty not to exceed ten thousand dollars.
Section 40-45-130. As provided in Section 40-1-130, the board may
restrict or deny licensure to an applicant based on the same grounds for
which the board may take disciplinary action against a licensee.
Section 40-45-140. A license may be denied based on a person's prior
criminal record only as provided in Section 40-1-140.
Section 40-45-150. A licensee under investigation for a violation of
this chapter or a regulation promulgated under this chapter may
voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-45-160. A person aggrieved by a final action of the board
may seek review of the decision in accordance with Section 40-1-160.
Section 40-45-170. A person found in violation of this chapter or a
regulation promulgated under this chapter may be required to pay costs
associated with the investigation and prosecution of the case in
accordance with Section 40-1-170.
Section 40-45-180. All costs and fines imposed pursuant to this
chapter must be paid in accordance with and are subject to the collection
and enforcement provisions of Section 40-1-180.
Section 40-45-190. Investigations and proceedings conducted under
this chapter are confidential, and all communications are privileged as
provided in Section 40-1-190.
Section 40-45-200. A person who engages in the practice of or offers
to engage in the practice of physical therapy in the State in violation of
this chapter or who knowingly submits false information to the board for
the purpose of obtaining a license or who violates any other provision of
this chapter is guilty of a misdemeanor and, upon conviction, must be
fined not more than five hundred dollars or imprisoned not more than
ninety days, or both. Each violation is a separate offense.
Section 40-45-210. The department, on behalf of the board and in
accordance with Section 40-1-120, may petition an administrative law
judge, in the name of the State, for injunctive relief against a person
violating this chapter.
Section 40-45-220. (A) To be eligible for licensure as a physical
therapist an applicant must:
(1)(a) be a graduate of a physical therapy educational program
approved by the board;
(b) pass an examination administered or approved by the board;
and
(c) speak the English language as a native language or
demonstrate an effective proficiency of the English language in the
manner prescribed by and to the satisfaction of the board; or
(2)(a) provide satisfactory evidence that his or her education is
equivalent to the requirements of physical therapists educated in United
States educational programs as determined by the board. If the board
determines that an applicant's education is not equivalent, it may require
completion of additional course work before proceeding with the
application process;
(b) speak the English language as a native language or
demonstrate an effective proficiency of the English language in the
manner prescribed by and to the satisfaction of the board;
(c) pass an examination administered or approved by the board;
(d) submit evidence satisfactory to the board on a form approved
by the board of not less than one thousand clinical practice hours under
the on-site supervision of a licensed physical therapist in this State or in
a state with licensure requirements equal to or more stringent than this
State.
(B) To be eligible for licensure as a physical therapist assistant an
applicant must:
(1) be a graduate of a physical therapist assistant program approved
by the board;
(2) pass an examination administered or approved by the board; and
(3) speak the English language as a native language or demonstrate
an effective proficiency of the English language in the manner prescribed
by and to the satisfaction of the board.
(C) The burden is upon the applicant to demonstrate to the satisfaction
of the board and in the manner prescribed by the board that the applicant
has the qualifications and is eligible for licensure.
Section 40-45-230. (A) An applicant must submit with an
application for licensure:
(1) a completed notarized application form;
(2) the applicable fee in the form of a check or money order;
(3) legal documentation indicating a name change, if applicable;
(4) proof that the applicant can speak, write, and be tested in the
English language if English is not the native language of country of
origin.
(B) An applicant must arrange to have the official transcript sent
directly to the board from the applicant's physical therapy school. An
applicant who is a new graduate of an approved school applying for
licensure by examination may submit verification directly from the
applicant's physical therapy school with the registrar's seal stating that
graduation requirements have been met if the official transcript is not yet
available. A final transcript indicating the degree and date the degree was
conferred must be on file before a permanent license may be issued.
(C) An applicant who is a graduate of a school that is not approved
who is applying for licensure either by examination or endorsement must
submit all items under subsection (A), must arrange to have an official
transcript sent directly to the board, and also must submit an evaluation
of educational credentials report.
(D) An applicant with a documented disability may request special
accommodations to take the examination.
(E) An application for licensure must be completed within one year or
the application and credentials must be brought up to date and resubmitted
with payment of the applicable fee.
(F) An application must be received by the board in a completed form,
and an applicant must be determined by the board to be eligible to take the
examination before the applicant can register for the examination. An
eligible applicant must receive notification regarding registration
procedures.
(G) If an applicant fails the examination, whether or not taken in South
Carolina, the applicant may take the examination a second time on
payment of the examination fee and completion of an official application.
If the applicant fails the examination for a second time, the applicant, in
addition to the requirements for the previous examination, must take
courses the board may require and furnish evidence of completing these
courses.
(H) No person may be licensed under this chapter if the person has
failed the examination three or more times, whether or not the exam was
taken in South Carolina.
(I) The grade required for passing the examination must be
established by the board.
Section 40-45-240. (A) The board may license as a physical
therapist or as a physical therapist assistant, without examination, on the
payment of the applicable fee, an applicant who is a physical therapist or
physical therapist assistant licensed under the laws of another state or
territory, if the requirements for licensure in that state or territory were at
the date of licensure equivalent to the requirements in effect at the time of
application in this State.
(B) An applicant licensed in another state applying for licensure by
endorsement must:
(1) submit a completed notarized application form;
(2) submit the applicable fee in the form of a check or money order;
(3) legal documentation indicating a name change, if applicable;
(4) have the official transcript sent directly to the board from the
applicant's physical therapy school;
(5) submit an evaluation of educational credentials if a graduate of
a nonapproved school;
(6) have the examination scores reported directly to the board from
the Interstate Reporting Service or other recognized examination service;
(7) submit an official verification of a current license;
(8) submit proof that the applicant can speak, write, and be tested
in the English language if English is not the native language of country of
origin;
(9) submit evidence on a form approved by the board of one
thousand clinical practice hours under the on-site supervision of a licensed
physical therapist if the applicant is a graduate of a nonapproved school.
Section 40-45-250. (A) A license is valid for up to two years and
must be renewed biennially. However, a physical therapist or a physical
therapist assistant who first becomes licensed in the last quarter of the
calendar year must be issued a license for the next licensing period.
(B) Before January first in every other year, a licensed physical
therapist and physical therapist assistant shall renew the license and pay
the renewal fee, whether or not a notice is received. If a license is not
renewed or postmarked before January first, the board may charge a late
renewal penalty as provided for in regulation beginning January first, for
up to thirty days, for every day that the license is not renewed or
postmarked.
(C) If a licensee fails to renew or postmark a renewal before January
thirty-first the license automatically lapses. A person who fails to renew
a license and practices as a physical therapist or physical therapist
assistant after December thirty-first is practicing without a license and is
subject to the penalties provided in this chapter.
(D) As a condition of license renewal, a licensee must satisfactorily
complete 3.0 continuing education units each biennium as provided for in
regulation and must submit proof of completion on a form approved by
the board.
(E) Notwithstanding subsection (H)(1), if a person's license lapses
because the person did not satisfy the continuing education requirements
of subsection (D), the person must comply with subsection (D) before the
board may renew the license.
(F) A licensee who does not wish to renew an active license may
select inactive status on the renewal form and return the form to the board.
(G) A licensee shall notify the board of any change in name or mailing
address within thirty days. If a name change on a license is requested, the
licensee must submit legal documentation indicating the name change.
(H) A physical therapist or physical therapist assistant whose license
has lapsed or has been inactive for:
(1) fewer than three years may reactivate the license by applying to
the board, submitting proof of completing 1.5 continuing education units
for each year the license has lapsed or has been inactive, and paying the
reactivation fee;
(2) three or more years is required to complete supervised clinical
practice hours, additional education, and completion of an examination as
provided in regulation;
(3) fewer than three years and who has active status outside of this
State may reinstate the license by submitting proof of completing 1.5
continuing education units for each year the license has lapsed, or has
been inactive, official verification of a current license, and paying the
reactivation fee;
(4) three or more years and who has active status outside of this
State may reinstate the license by submitting evidence satisfactory to the
board of not less than one thousand hours of out-of-state employment
within the last year, official verification of a current license, and paying
the reactivation fee.
Section 40-45-260. (A) The board shall license as a physical
therapist or a physical therapist assistant an applicant who proves to the
satisfaction of the board fitness for licensure under the provisions of this
chapter. The board shall issue to a licensee a certificate of licensure,
which is prima facie evidence of the right of the person to represent
himself or herself as a licensed physical therapist or as a licensed physical
therapist assistant.
(B) The board may issue a provisional license to:
(1) an applicant for licensure as a physical therapist who has met all
of the requirements for licensure under Section 40-45-230 except
completing the clinical practice hours requirement pursuant to Section
40-45-220(A)(2)(d);
(2) a person whose physical therapist or physical therapist assistant
license has been inactive or lapsed for three years or more and who has
applied to reactivate the license;
(3) an applicant for licensure as a physical therapist or physical
therapist assistant whose practice needs to be restricted, as determined by
the board;
(4) an applicant for licensure as a physical therapist or physical
therapist assistant who has met all of the requirements for licensure under
Section 40-45-230 except for completing the official transcript
requirement pursuant to Section 40-45-230(B).
A provisional license is valid for up to one year from the date of issue
and may not be renewed. A physical therapist holding a provisional
license issued pursuant to item (1), (2), or (3) must work under the on-site
supervision of a physical therapist licensed in this State, and a physical
therapist assistant holding a provisional license issued pursuant to items
(1), (2), or (3) must work under the on-site supervision of a physical
therapist or physical therapist assistant licensed in this State. A physical
therapist and physical therapist assistant holding a provisional license
issued pursuant to item (4) must work under the supervision of a physical
therapist licensed in this State. A provisional licensee shall submit to the
board a completed supervisory agreement form for each place of
employment.
(C) The board may require an applicant who is not actively engaged
in practice as a physical therapist or as a physical therapist assistant to
comply with one or more of the following:
(1) complete a certain number of continuing education units;
(2) have supervised practice as specified by the board;
(3) pass a written examination approved by the board.
(D) The board must not issue a physical therapist or physical therapist
assistant license to an applicant who has failed to achieve a passing score
three or more times on a board-approved licensure examination.
Section 40-45-270. The following are not required to be licensed:
(1) a 'PT student' who is a student enrolled in a board-approved
physical therapist program while engaged in completing the clinical
education requirement for graduation under the on-site supervision of a
physical therapist who is licensed to practice in this State;
(2) a 'PTA' student who is a student enrolled in a board-approved
physical therapist assistant program while engaged in completing the
clinical education requirement for graduation under the on-site
supervision of a physical therapist or physical therapist assistant who is
licensed to practice in this State;
(3) a physical therapist or physical therapist assistant licensed in
another state who is teaching or participating in special physical therapy
education projects, demonstrations, or courses in this State;
(4) a physical therapist or physical therapist assistant solely
employed by the United States Armed Services, United States Public
Health Service, Veterans Administration, or another federal agency and
practicing within the scope of employment.
Section 40-45-280. (A) A physical therapist is responsible for the
physical therapy record of a patient.
(B) Only a licensed physical therapist or physical therapist assistant,
provisional licensed physical therapist or physical therapist assistant, or
student physical therapist or physical therapist assistant shall document
in a physical therapy record.
(C) A physical therapy record consists of:
(1) the initial evaluation which is a written report signed and dated
by the physical therapist performing the evaluation. An initial evaluation
by a provisional licensed physical therapist must be reviewed, cosigned,
and dated by the on-site supervising physical therapist;
(2) a plan of care developed by a licensed physical therapist,
including:
(a) treatment to be rendered;
(b) frequency and duration of treatment;
(c) measurable goals.
(3) clinical notes that must be signed and dated by the person
rendering treatment. All clinical notes written by a physical therapist
student or physical therapist assistant student are to be reviewed,
cosigned, and dated by the physical therapist or physical therapist
assistant who is supervising the appropriate level student. Clinical notes
written by a provisional physical therapist or a physical therapist assistant
licensee must be reviewed, cosigned, and dated by the on-site supervising
physical therapist every eighth treatment day or every sixty calendar days,
whichever comes first;
(4) a discharge note which is a statement of the patient's status at
the last treatment session as written, signed, and dated by the physical
therapist or physical therapist assistant rendering service. All discharge
notes written by a physical therapist student, physical therapist assistant
student, and provisional licensed physical therapist or physical therapist
assistant are to be reviewed, cosigned, and dated by the supervising
physical therapist.
Section 40-45-290. (A) A physical therapy aide may provide
departmental support to the on-site physical therapist and physical
therapist assistant in the following areas subject to guidelines established
in regulations:
(1) transporting patients;
(2) preparing, cleaning, and maintaining the treatment area and
equipment;
(3) preparing patients for treatment;
(4) attending to the personal needs of patients during treatment
sessions;
(5) clerical and housekeeping activities.
(B) A physical therapy aide may not perform:
(1) an activity which requires licensure under this chapter;
(2) an activity which requires the exercise of the professional
judgment of a physical therapist;
(3) the interpretation of referrals, screenings, assessments,
evaluations, or reassessments;
(4) the development or modification of treatment plans or discharge
plans.
Section 40-45-300. (A) A physical therapist is professionally and
legally responsible for patient care given by a physical therapist assistant,
physical therapy aide, physical therapist student, or physical therapist
assistant student under the physical therapist's supervision. A physical
therapist may delegate to and supervise selected acts, tasks, or procedures
which fall within the practice of physical therapy but do not exceed the
education or training of a physical therapist assistant, physical therapy
aide, physical therapist student, or physical therapist assistant student.
(B) A physical therapist assistant shall function under the supervision
of a licensed physical therapist. A person licensed under this chapter as
a physical therapist assistant shall perform duties only after the initial
evaluation of the patient is conducted by a licensed physical therapist. A
patient plan of care may not be altered without the prior written, dated,
and signed approval of a licensed physical therapist. A patient must be
reevaluated and the plan of care must be reapproved by a physical
therapist licensed in this State every eighth treatment day or every sixty
calendar days, whichever comes first. The board may establish in
regulation the number of physical therapist assistants a physical therapist
may concurrently supervise except in hospitals licensed by the
Department of Health and Environmental Control which may determine
their own staffing ratios.
(C) A physical therapist student shall function under the on-site
supervision of a licensed physical therapist.
(D) A physical therapist assistant student and a physical therapy aide
shall function under the on-site supervision of a licensed physical
therapist or licensed physical therapist assistant. The physical therapist
is ultimately responsible for the licensed physical therapist assistant, the
student physical therapist assistant, and the physical therapy aide.
(E) A supervisor must be a licensed physical therapist or physical
therapist assistant who has been approved by the board to supervise
provisional licensees, students, and aides based on the supervisor's
training and work experience, which must be relevant to the work of those
under the supervision and must be sufficiently extensive to enable the
supervisor to direct and evaluate the work of a supervisee.
Section 40-45-310. Nothing in this chapter may be construed as
authorizing a licensed physical therapist or any other person to practice
medicine, surgery, osteopathy, homeopathy, chiropractic, naturopathy,
magnetic healing, or any other form, branch, or method of healing as
authorized by the laws of this State. Nothing in this chapter shall be
construed to restrict, inhibit, or limit the practice of chiropractic as now
practiced in this State and as taught by accredited schools or colleges of
chiropractic. Nothing in this chapter shall be construed to restrict, inhibit,
or limit the practice of licensed nurse practitioners, licensed physicians
assistants, certified athletic trainers, licensed massage therapists, exercise
physiologists, or personal trainers. Moreover, nothing in this chapter shall
be construed to restrict, inhibit, or limit in any way the practice of
dentistry pursuant to Chapter 15 of Title 40 or the practice of medicine
pursuant to Chapter 47 of Title 40.
Section 40-45-320. (A) Nothing in this chapter may be construed to
create a right in a physical therapist or physical therapist assistant to:
(1) have paid to a physical therapist or physical therapist assistant
a benefit under:
(a) a self-funded plan providing benefits to residents of this State;
(b) accident and health insurance provided to residents of this
State;
(c) a plan of operation established by a health maintenance
organization licensed in this State; or
(2) have a claim against a third party payer, however situated.
(B) Nothing contained in this chapter may be construed to limit,
enlarge, or otherwise affect any contractual agreement now in effect or
entered into after the effective date of this act which provides that a
person obtaining physical therapy services must have a prescription from
a doctor of medicine licensed under Chapter 47 or from a person licensed
to practice dentistry under Chapter 25 in order to be entitled to receive
reimbursement for these therapy services.
(C) Nothing contained in this chapter may be construed to affect the
provisions of Title 42 of the South Carolina Code of Laws relating to
workers' compensation.
Section 40-45-330. If a provision of this chapter or the application of
a provision to a person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this chapter which can be
given effect without the invalid provision or application, and to this end
the provisions of this chapter are severable.
Transition licensure provisions
SECTION 2. Notwithstanding Section 40-45-250 of the 1976 Code,
as amended by this act and for the purpose of implementing a biennial
license renewal system, the State Board of Physical Therapy Examiners,
at the beginning of the first renewal period following this act's effective
date, shall renew one-half of all licenses for one year and the remaining
one-half of the licenses for two years. Thereafter, all such licenses must
be renewed biennially as provided for in Section 40-45-250.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 8th day of June, 1998. |