H 3789 Session 109 (1991-1992)
H 3789 General Bill, By D.C. Waldrop
A Bill to amend Section 40-45-20, Code of Laws of South Carolina, 1976,
relating to physical therapists, so as to revise and add certain definitions;
to amend Section 40-45-200, relating to grounds for refusal, suspension, or
revocation of the registration of physical therapists, so as to revise the
ground relating to certain actions taken independent of a licensed doctor or
dentist; and to amend Section 40-45-220, relating to the scope of practice of
physical therapists, so as to revise this scope of practice.
04/09/91 House Introduced and read first time HJ-6
04/09/91 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-6
03/04/92 House Committee report: Majority favorable with amend.,
minority unfavorable Medical, Military, Public
and Municipal Affairs HJ-4
04/07/92 House Debate interrupted HJ-50
04/08/92 House Amended HJ-27
04/08/92 House Read second time HJ-32
04/09/92 House Read third time and sent to Senate HJ-89
04/14/92 Senate Introduced and read first time SJ-4
04/14/92 Senate Referred to Committee on Medical Affairs SJ-4
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 8, 1992
H. 3789
Introduced by REP. Waldrop
S. Printed 4/8/92--H.
Read the first time April 9, 1991.
A BILL
TO AMEND SECTION 40-45-20, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO
AS TO REVISE AND ADD CERTAIN DEFINITIONS; TO AMEND
SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL,
SUSPENSION, OR REVOCATION OF THE REGISTRATION OF
PHYSICAL THERAPISTS, SO AS TO REVISE THE GROUND
RELATING TO CERTAIN ACTIONS TAKEN INDEPENDENT OF
A LICENSED DOCTOR OR DENTIST; AND TO AMEND SECTION
40-45-220, RELATING TO THE SCOPE OF PRACTICE OF
PHYSICAL THERAPISTS, SO AS TO REVISE THIS SCOPE OF
PRACTICE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 bodily or mental condition of any
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 human beings to detect, correct, alleviate, and
prevent physical disability, movement dysfunction, bodily malfunctions
and pain resulting from injury, disease, congenital or developmental
deficits, or illness. Physical therapy includes performing tests and
measurements of bodily structures and functions and the planning and
administration of treatment including the use of physical agents such as
light, heat, cold, water, air, sound, compression, electricity, massage,
therapeutic exercise, and other rehabilitation procedures.
(2) `Physical therapist' shall mean means a person
who practices licensed to practice 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 licensed to assist in
the practice of physical therapy under the supervision of a physical
therapist. The physical therapist assistant's 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) `Evaluation' means the process of identifying the
primary physical dysfunction toward which the physical therapist directs
treatment. The physical therapist identifies the dysfunction based on
information obtained from the history, signs, symptoms, examination,
and tests that the physical therapist performs or requests.
(5)(6) `Board' shall mean means
the State Board of Physical Therapy Examiners."
SECTION 2. Section 40-45-200(8) of the 1976 Code is amended to
read:
"(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
who has undertaken to practice independent of a referral of a licensed
doctor of medicine or dentistry where required under this chapter, or
who has failed to refer any individual still under active physical therapy
treatment to a licensed doctor of medicine or dentistry thirty days after
the initial evaluation and treatment; or"
SECTION 3. 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 not treat human ailments otherwise 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 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 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 treatment program by such therapist,
at frequent intervals, not less than after every seventh treatment given by
the assistant. Any person violating the provisions of this section shall be
guilty of a misdemeanor and, upon conviction by a court of competent
jurisdiction, shall be punished as set out in Section 40-47-260.
(1) A physical therapist registered under this chapter is considered
to be engaged in the practice of physical therapy by employing acts,
tests, procedures, and modalities commensurate with professional
training received through approved education and experience. Physical
therapy treatment includes the use of physical agents such as light, heat,
cold, water, air, sound, compression, electricity, massage, and
therapeutic exercises including rehabilitation procedures.
(2) A physical therapist registered under this chapter must have
a referral from a licensed doctor of medicine or dentistry to perform
tissue penetration for debridement of wounds and ulcers, to apply topical
prescription medications, to order prosthetic limb replacements, and to
perform manipulations of the spine.
(3) Nothing in this chapter may be construed as authorizing a
registered physical therapist nor any person working under his
supervision 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 physical therapist registered under this chapter or any person
working under his supervision may not employ acts, tests, procedures,
treatments, or modalities in the treatment of patients that are beyond the
scope of the practice of physical therapy. The use of roentgen rays, or
radioactive materials for diagnostic purposes or treatment is prohibited,
and the use of electricity for surgical purposes, including cauterization
and colonic irrigations is prohibited.
(4) A patient receiving treatment without the initial prescription
of a licensed doctor of medicine or dentistry from a physical therapist
registered under this chapter who is still under active treatment by the
physical therapist thirty days after the initial evaluation and treatment
must be referred by the physical therapist to a licensed doctor of
medicine or dentistry before any further physical therapy treatment may
be performed. Provided, however, that a physical therapist shall not
implement a plan of treatment on a patient being treated in a hospital
without a written or oral prescription or order by a licensed doctor of
medicine or dentistry.
(5) A physical therapist must supervise physical therapist
assistants, physical therapy aides, physical therapy graduates, and
physical therapy assistant graduates to the extent allowed under this
chapter and the regulations promulgated by the board.
(6) A physical therapist assistant registered under this chapter
may assist in the practice of physical therapy only to the extent allowed
by the supervising physical therapist and within the scope allowed by
law. A physical therapist assistant shall perform his duties only after the
initial evaluation of a patient by a registered physical therapist. Periodic
reexaminations and reevaluations of the patient by a registered physical
therapist must be made not less than every seventh treatment given by
the physical therapist assistant.
(7) Any person violating the provisions of this section is guilty of
a misdemeanor and, upon conviction, must be punished as provided in
Section 40-47-260."
SECTION 4. This act takes effect upon approval by the Governor. |