S 659 Session 112 (1997-1998)
S 0659 General Bill, By Courtney, Alexander, Bryan, Elliott, Ford, Glover,
Hayes, Lander, McConnell, Mescher, O'Dell, Rankin, Ravenel, Reese, M.T. Rose,
Russell, Saleeby, J.V. Smith, Washington and Wilson
Similar(H 3784)
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 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, 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, AND INCREASING CRIMINAL PENALTIES.
04/15/97 Senate Introduced and read first time SJ-9
04/15/97 Senate Referred to Committee on Labor, Commerce and
Industry SJ-9
05/27/97 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-8
05/27/98 Senate Recommitted to Committee on Labor, Commerce and
Industry SJ-114
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 27, 1997
S. 659
Introduced by Senators Courtney, Bryan, Alexander, Washington,
Wilson, Elliott, Ford, Glover, Hayes, Lander, McConnell, Mescher,
O'Dell, Rankin, Ravenel, Reese, Rose, Russell, Saleeby and J. Verne
Smith
S. Printed 5/27/97--S.
Read the first time April 15, 1997.
THE COMMITTEE ON
LABOR, COMMERCE AND INDUSTRY
To whom was referred a Bill (S. 659), to amend Chapter 45, Title
40, as amended, Code of Laws of South Carolina, 1976, relating to
licensing and regulation of physical therapists, 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, Section 40-45-10, page 10, line
19 after /members/ by inserting:
/appointed by the Governor with the advice and consent of the
Senate/
Amend the bill further, Section 40-45-10, page 10, by deleting lines
30-31 and inserting:
/years and until their successors are appointed and qualify./
Amend the bill further, Section 40-45-20, page 11, by deleting lines
24-36 and inserting:
/(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 education 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 the chapter shall be construed to authorize a physical therapist to
prescribe medications or order laboratory or other medical tests./
Amend the bill further, Section 40-45-60(A), page 12, by deleting
line 25 and inserting:
/promulgation of regulations for the practice of physical
therapy,/
Amend the bill further, Section 40-45-110(A)(2), page 13, by
deleting lines 30-31 and inserting:
/ physical therapist; /
Amend the bill further, Section 40-45-110(A)(3), page 13, line 36
by deleting / . / and inserting /; /;
and immediately after line 36 by inserting:
/(4) in the absence of a referral from an appropriate health care
provider, 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./
Amend the bill, Section 40-45-120, page 14, by deleting lines 37-38
and inserting:
/ promulgated under this chapter. /
Amend the bill further, Section 40-45-200, page 15, by deleting
lines 34-36 and inserting:
/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./
Amend the bill further, Section 40-45-310, page 23, line 21 after /
. / by inserting:
/Nothing in this chapter may 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 may 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. Nothing in this chapter may be
construed to restrict, inhibit, or limit in any way the practice of
dentistry pursuant to Chapter 15 or the practice of medicine pursuant
to Chapter 47./
Amend the bill, Section 40-45-320, page 23, immediately after line
41 by inserting:
/(C) Nothing in this chapter may be construed to affect the
provisions of Title 42 relating to workers' compensation./
Renumber sections to conform.
Amend title to conform.
J. VERNE SMITH, for Committee.
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 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, 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, AND
INCREASING CRIMINAL PENALTIES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 45, Title 40 of the 1976 Code is amended to
read:
"CHAPTER 45
Physical Therapists
Section 40-45-10. This chapter may be cited as the
"Physical Therapy Practice Act".
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 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.
(2) "Physical therapist" shall mean a person
who practices physical therapy.
(3) "physical therapist assistant" shall mean
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 the State Board of
Physical Therapy Examiners.
Section 40-45-30. There is created the State Board
of Physical Therapy Examiners to administer the registration of
physical therapists and physical therapist assistants as provided in
this chapter. The board shall consist of three members who are
licensed physical therapists, one physical therapist assistant, and one
lay member. The South Carolina Physical Therapy Association, Inc.,
shall submit recommendations to the Governor of at least two names
for each physical therapy and physical therapist assistant vacancy on
the board. The Governor shall also consider nominations from any
other individual, group, or association. The physical therapists and
the physical therapist assistants must have had at least three years'
experience before the appointment, and must be actively practicing
in this State during their respective periods of incumbency. The term
of each member of the board is for four years, and no member may
serve more than two successive four-year terms.
The board may promulgate regulations it considers
appropriate defining and regulating the practice of physical therapy,
determining the qualifications and requirements for registration,
establishing a code of ethics binding on persons registered under or
subject to this chapter, establishing disciplinary procedures, and
fixing the annual license fee and other related fees for the practice of
physical therapy.
Section 40-45-40. The Board shall designate each
year one of its members as president and one as secretary-treasurer.
Section 40-45-50. The Board may have and use an
official seal bearing the words" "State Board of Physical
Therapy Examiners in South Carolina."
Section 40-45-60. [Section repealed]
Section 40-45-70. The Board shall keep a record
of its proceedings under this chapter and a register of all persons
registered under it. The register shall show the name of every living
registrant, his last known place of business and last known place of
residence, and the date and number of his registration and certificate
as a registered physical therapist and as a registered physical therapist
assistant. The Board shall, during the month of January of every year,
compile and make available a list of registered physical therapists and
registered physical therapist assistants authorized to practice in the
State. Any interested person in the State is entitled to obtain a copy
on application to the Board and payment of such amount may be
fixed by the Board which amount shall not exceed the cost of the list
so furnished.
Section 40-45-80. 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 be remitted to the State Treasurer as collected, when practicable,
but at least once each week, and shall be credited to the General Fund
of the State. All assessments, fees, or licenses shall be levied in an
amount sufficient to at least equal the amount appropriated in the
annual General Appropriation 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 40-45-90. The annual report shall be
submitted according to the provisions of chapter 73, Title 40, Code
of 1976.
Section 40-45-100. (a) No person shall practice,
nor hold himself out to be able to practice, physical therapy in this
State unless he is registered in accordance with the provisions of this
chapter. No person shall act, nor hold himself out as being able to act,
as a physical therapist assistant in this State unless he is registered in
accordance with the provisions of this chapter.
(b) To be eligible for registration by the Board as a physical
therapist each applicant must:
(1) Have obtained a high school education or its
equivalent as determined by the Board;
(2) Be a graduate of a school of physical therapy
approved by the Board;
(3) Either (a) pass to the satisfaction of the Board an
examination conducted by it to determine his fitness for practice as
a physical therapist or (b) be entitled to registration without
examination as provided in Section 40-45-120.
(4) If foreign trained, be able to speak and write the
English language.
(c) To be eligible for registration by the Board as a physical
therapist assistant each applicant must:
(1) If foreign trained, be able to speak and write the
English language;
(2) Have obtained a high school education or its
equivalent as determined by the Board;
(3) Have successfully completed a course of study for
physical therapist assistants, which course has been approved by the
Board;
(4) Either (a) pass to the satisfaction of the Board an
examination conducted by it to determine his fitness for practice as
a physical therapist assistant or (b) be entitled to registration without
examination as provided in Section 40-45-120.
Section 40-45-110. Unless entitled to registration
under Section 40-45-120, a person who desires to be registered as a
physical therapist or as a physical therapist assistant shall apply to the
Board, in writing, on a blank furnished by the Board. He shall
embody in that application evidence under oath, satisfactory to the
Board, of his possessing the qualifications preliminary to the
examination required by Section 40-45-100 as a physical therapist or
a physical therapist assistant. He shall pay to the Board such fee as
may be set by the Board at the time of filing his application for
registration as a physical therapist or as a physical therapist assistant.
Section 40-45-120. The Board may, in its
discretion, register as a physical therapist or as a physical therapist
assistant, without examination, on the payment of such fee as may be
set by the Board, an applicant for registration who is a physical
therapist or physical therapist assistant registered under the laws of
another state or territory, if the requirements for registration of
physical therapists or physical therapist assistants in the state or
territory in which the applicant was registered were at the date of his
registration equivalent to the requirements in force in this State.
Section 40-45-130. The Board shall examine
applicants for registration as physical therapists or physical therapist
assistants at such times and places as it may determine and shall meet
at least three times each year for this purpose. The examination shall
embrace such subjects as the applied sciences of anatomy,
neuroanatomy, kinesiology, physiology, pathology, psychology,
physics, and physical therapy, as defined in this chapter, as applied
to medicine, neurology, orthopedics, pediatrics, psychiatry, surgery,
medical ethics and technical procedures in the practice of physical
therapy as defined in this chapter.
In case of failure at any examination the applicant shall
have the privilege of a second examination on payment of the regular
fee. In case of a second failure the applicant, to be eligible for a third
examination, shall, in addition to the requirements for previous
examination, have further pursued his studies for such time as the
Board may designate, and furnish satisfactory evidence thereof.
The grade required for passing the examination before the
Board shall be determined by regulation of the Board.
Section 40-45-140. The Board shall register as a
physical therapist or a physical therapist assistant each applicant who
proves to the satisfaction of the Board his fitness for registration
under the terms of this chapter. It shall issue to each person registered
a certificate of registration, which shall be prima facie evidence of the
right of the person to whom it is issued to represent himself as a
registered physical therapist or as a registered physical therapist
assistant subject to the conditions and limitations of this chapter.
Section 40-45-150. The following are exempted
from registration:
(A) A student enrolled in a board approved physical
therapist or physical therapist assistant program while engaged in
completing the clinical education requirement for graduation under
the supervision of a physical therapist who is licensed to practice in
this State. This individual is referred to as "student";
(B) A physical therapist or physical therapist assistant,
including foreign-trained physical therapists and physical therapist
assistants, who is a graduate student in a special physical therapy
courses receiving a small stipend rather than the usual staff salary for
practicing the profession as part of training;
(C) 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 in which his participation in the evaluation and treatment
of patients is minimal;
(D) A physical therapist or physical therapist assistant
employed solely by the United States Armed Services, United States
Public Health Service, Veterans Administration, or other federal
agency;
(E) A physical therapist or physical therapist assistant
who has graduated from a board approved program, filed an
application in this State for the next scheduled registration
examination following graduation, and received notification that he
has met all qualifications may work under supervision of a physical
therapist who is licensed to practice in this State until the results of
this examination are published. This individual is referred to as a
"graduate".
Section 40-45-180. (a) Every registered physical
therapist shall, on or before January first, in each year, apply to the
Board for an extension of his registration and pay a fee to be
determined by the Board. Registration that is not so extended shall
automatically lapse. The Board may, in its discretion, revive and
extend a lapsed registration on the payment of all past unpaid
extension fees.
(b) Every registered physical therapist assistant shall, on or
before January first, in each year, apply to the Board for an extension
of his registration and pay a fee to be determined by the Board.
Registration that is not so extended shall automatically lapse. The
Board may, in its discretion, revive and extend a lapsed registration
on the payment of all unpaid extension fees.
Section 40-45-200. The Board, after due notice
and hearing, may refuse to register any applicant and may refuse to
renew the registration of any registered person, and may suspend or
revoke the registration of any registered person:
(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 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 crime involving
moral turpitude;
(5) Who is guilty, in the judgment of the Board, of gross
negligence in his practice 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 has not thereafter been declared
sane;
(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 failed or refused to obey any lawful order
or regulation of the Board.
(10) 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.
(11) Who has violated the code of ethics promulgated by
the board.
Section 40-45-210. Any person who practices as
a physical therapist or as a physical therapist assistant without being
registered under this chapter as a physical therapist or as a physical
therapist assistant, or whose registration has been suspended or
revoked, who uses in connection with his name the words or letters
"R.P.T.", "Registered Physical Therapist",
"Physical Therapist", "Physio Therapist",
"Registered Physical Therapist Assistant",
"R.P.T.A.", "Physical Therapy Technician"
or "P.T.T.", 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
therapist physical or physical therapist assistant without being
registered by the Board, shall be guilty of a misdemeanor, and for
each offense upon conviction of any court of competent jurisdiction,
shall be fined in any sum not less than one hundred dollars nor more
than five hundred dollars, or imprisoned in the county jail for a
period of not less than thirty nor more than ninety days, or both, at
the discretion of the court, and each day of such violation shall
constitute a separate offense. One-half of such fine shall go to the
informant and the other half to the State.
Section 40-45-215. In addition to other sanctions
imposed by the board upon the licensee, the board may require the
licensee to pay a civil penalty of not more than two thousand dollars
for each violation of the provisions of this chapter or of the
regulations promulgated by the board. The total penalty for violations
may not exceed ten thousand dollars. All penalties must be remitted
to the State Treasurer and deposited in a special fund from which the
board must be reimbursed for administrative costs upon the approval
of the State Budget and Control Board. No licensee against whom a
civil penalty is levied is eligible for reinstatement until the penalty
has been paid in full.
Section 40-45-220. A person registered under this
chapter as a physical therapist shall not treat human aliments
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.
Section 40-45-230. A person who willfully makes
a false oath or affirmation in any case in which an oath or affirmation
is required by this chapter, or who obtains or attempts to obtain
registration by any fraudulent representation shall be guilty of a
misdemeanor and for each offense, upon conviction by any court of
competent jurisdiction, shall be fined in any sum not less than one
hundred dollars nor more than five hundred dollars, or imprisoned in
the county jail for a period of not less than thirty days nor more than
ninety days, or both, at the discretion of the court.
Section 40-45-240. 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.
Section 40-45-250. The Board shall investigate
every supposed violation of this chapter coming to its notice and shall
report to the proper solicitor all cases that, in the judgment of the
Board, warrant prosecution. Every police officer, sheriff, and peace
officer shall investigate every supposed violation of this chapter that
comes to his notice or of which he has received complaint and
apprehend and arrest all violators. It is the duty of the Attorney
General and of solicitors to prosecute violations of this chapter.
Complaints made to the Board are privileged and remain
confidential until the time the Board votes to make the matter public.
No action or proceeding may lie against any person who makes a
complaint unless it is shown that it was made with malicious intent.
The board may apply for injunctive relief in a court of
competent jurisdiction to enjoin a person from committing an act in
violation of this chapter. These proceedings are in addition to, and
not in lieu of, any other penalty or remedy under this chapter.
Section 40-45-260. Any decision by the board to
revoke, suspend or otherwise restrict a license or limit or otherwise
discipline a licensee shall be by majority vote of the board members
and shall be subject to review by an administrative law judge as
provided under Article 5 of Chapter 23 of Title 1 upon petition filed
by the licensee with an administrative law judge as provided under
Article 5 of Chapter 23 of Title 1 and a copy served upon the
secretary of the board within thirty days from the date of delivery of
its decision to the licensee. Such review shall be limited to the record
established by the board hearing.
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, 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, and a
member may not serve more than two consecutive four-year terms.
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 tests and measurements of bodily functions and
structures; the planning, administration, evaluation, and modification
of treatment and instructions, including the use of physical, chemical,
or mechanical agents, activities, 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.
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, regulations defining and regulating 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 or whose medical condition did not improve within
thirty days after the initial treatment;
(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.
(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) A licensee shall consent to a psychological or medical
examination as a condition of licensure, and the board shall establish
guidelines in regulation for requiring an examination.
(E) A licensee shall consent to the release of medical and
psychological records as a condition of licensure when requested by
the board or administrator. These records are not public records and
only may be used for assessing the applicant's fitness to practice
physical therapy.
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 licensee 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 fifty
thousand dollars or imprisoned not more than one year, 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) have earned a minimum of one hundred twenty semester
credit hours of college education as defined by the board in
regulation with a grade of 2.0 or higher required on a 4.0 point
grading scale and board-approved credentialing agencies must be
used to assist in verification of college credits;
(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 license 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 instead of the
official transcript.
(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.
A provisional license is valid for one year from the date of issue and
may not be renewed. A provisional physical therapist licensee must
work under the on-site supervision of a physical therapist licensed in
this State and a provisional physical therapist assistant licensee must
work under the on-site supervision of a physical therapist or physical
therapist assistant 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.
A physical therapist may not supervise concurrently more than three
physical therapist assistants.
(C) A provisional licensed physical therapist, a physical therapist
assistant, and 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.
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.
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."
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.
SECTION 3. This act takes effect upon approval by the Governor.
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