H 4788 Session 111 (1995-1996)
H 4788 General Bill, By Tripp and Cato
A Bill to amend Sections 40-45-20, 40-45-200, as amended, Code of Laws of
South Carolina, 1976, all relating to the practice of physical therapy, so as
to delete provisions requiring such practice only upon the prescription of a
Doctor of Medicine or Dentistry and to include as a ground for refusing to
license or for disciplinary action a person who has practiced physical therapy
beyond the scope of practice.
03/20/96 House Introduced and read first time HJ-53
03/20/96 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-53
04/24/96 House Committee report: Majority favorable with amend.,
minority unfavorable Medical, Military, Public
and Municipal Affairs HJ-7
05/07/96 House Recommitted to Committee on Medical, Military,
Public and Municipal Affairs HJ-51
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 24, 1996
H. 4788
Introduced by REPS. Tripp and Cato
S. Printed 4/24/96--H.
Read the first time March 20, 1996.
THE COMMITTEE ON MEDICAL,
MILITARY, PUBLIC AND MUNICIPAL
AFFAIRS
To whom was referred a Bill (H. 4788), to amend Sections
40-45-20, 40-25-200, as amended, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the
enacting words and inserting:
/SECTION 1. Section 40-45-20 of the 1976 Code is amended
to read:
"Section 40-45-20. 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 for each patient or upon the
written recommendation to the board by two doctors of medicine or
dentistry which would authorize the person to perform physical
therapy on all patients in accordance with this chapter.
The Physical therapy does not include 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) `Board' shall mean means the State Board
of Physical Therapy Examiners."
SECTION 2. Section 40-45-200 (8) and (9) are amended to
read:
"(8) Who has treated or undertaken to treat human
ailments otherwise 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 practiced physical therapy and failed to refer to
a licensed medical doctor or dentist a patient whose medical
condition at the time of evaluation or treatment should have been
determined to be beyond the scope of practice of a physical
therapist or in violation of the requirements of this chapter;
(9)(10) Who has failed or refused to obey any
lawful order or regulation of the board.;"
SECTION 3. Section 40-45-200 (10) and (11) of the 1976
Code, as last amended by Act 85 of 1993, is amended to read:
"(10)(11) Who knowingly aided, assisted,
procured, or advised a person to practice physical therapy contrary
to this section or to the regulations of the board; or knowingly
performed an act which aids, assists, procures, or advises an
unlicensed person to practice physical therapy.;
or
(11)(12) Who has violated the code of ethics
promulgated by the board."
SECTION 4. Section 40-45-220 of the 1976 Code is amended
to read:
"Section 40-45-220. (A) A person registered
under this chapter as a physical therapist shall may
not treat human ailments 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.
(B) Notwithstanding the definition of physical therapy as
provided for in Section 40-45-20, no physical therapist may treat a
person for a back or neck ailment, condition, injury, disease, or
problem without the prescription of a licensed doctor of medicine or
dentistry.
(C) If the condition of a patient undergoing physical therapy
does not improve within twenty days after the first treatment, the
patient must be referred to an appropriate licensed doctor of
medicine or dentistry.
(D) Upon completing twenty consecutive physical therapy
sessions or upon passage of thirty days, whichever occurs first, the
physical therapist shall discontinue physical therapy treatment and
refer the patient to an appropriate licensed doctor of medicine or
dentistry.
(E) Nothing in this chapter shall
may be construed as authorizing a registered physical
therapist, or a physical therapist assistant 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.
(F) 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 the patient's
treatment program by such the therapist, at frequent
intervals, not less than after every seventh treatment given by the
assistant.
(E) 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 provided for in Section 40-47-260."
SECTION 5. The 1976 Code is amended by adding:
"Section 40-45-270. (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."
SECTION 6. This act takes effect upon approval by the
Governor./
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
JOE E. BROWN BESSIE MOODY-LAWRENCE
For Majority. T. BROWN
For Minority.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First
Year $ - 0 -
2. Estimated Cost to State-Annually Thereafter$ - 0 -
After a review of this bill it
was determined that there will be no impact to the Department of
Labor, Licensing, and Regulation or to the General Fund of the
State due to the fact that this bill is regulatory in nature.
Approved By:
Michael L. Shealy
Office of State Budget
A BILL
TO AMEND SECTIONS 40-45-20, 40-45-200, AS AMENDED,
AND SECTION 40-45-220, CODE OF LAWS OF SOUTH
CAROLINA, 1976, ALL RELATING TO THE PRACTICE OF
PHYSICAL THERAPY, SO AS TO DELETE PROVISIONS
REQUIRING SUCH PRACTICE ONLY UPON THE
PRESCRIPTION OF A DOCTOR OF MEDICINE OR
DENTISTRY AND TO INCLUDE AS A GROUND FOR
REFUSING TO LICENSE OR FOR DISCIPLINARY ACTION A
PERSON WHO HAS PRACTICED PHYSICAL THERAPY
BEYOND THE SCOPE OF PRACTICE.
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 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 Physical
therapy does not include 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 2. Section 40-45-200 (8) and (9) is amended to read:
"(8) Who has treated or undertaken to treat human
ailments otherwise 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 practiced physical therapy and failed to refer to
a licensed medical doctor or dentist a patient whose medical
condition at the time of evaluation or treatment should have been
determined to be beyond the scope of practice of a physical
therapist;
(9)(10) Who has failed or refused to obey any
lawful order or regulation of the board.;"
SECTION 3. Section 40-45-200 (10) and (11) of the 1976
Code, as last amended by Act 85 of 1993, is amended to read:
"(10)(11) Who knowingly aided, assisted,
procured, or advised a person to practice physical therapy contrary
to this section or to the regulations of the board; or knowingly
performed an act which aids, assists, procures, or advises an
unlicensed person to practice physical therapy.;
or
(11)(12) Who has violated the code of ethics
promulgated by 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
ailments 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 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 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 provided for in Section 40-47-260."
SECTION 5. This act takes effect upon approval by the
Governor.
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