H 3703 {Rat #84, Act #64 of 2019} General Bill, By Lowe, Moore, Rose, Rutherford, 
Willis, Sottile and Hill
 AN ACT TO AMEND SECTION 40-45-230, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE EXAMINATION REQUIRED FOR LICENSURE BY THE BOARD OF PHYSICAL
 THERAPY EXAMINERS, SO AS TO INCREASE THE MAXIMUM NUMBER OF TIMES A PERSON MAY
 ATTEMPT TO PASS THE EXAMINATION FROM THREE TO SIX, TO PROVIDE A PERSON WHO
 FAILS THE EXAMINATION A FIFTH TIME FIRST MUST TAKE COURSES THE BOARD MAY
 REQUIRE AND FURNISH EVIDENCE OF COMPLETING THESE COURSES BEFORE TAKING THE
 EXAMINATION A SIXTH TIME, AND TO PROVIDE A PERSON WHO FAILS THE EXAMINATION
 SIX OR MORE TIMES MAY NOT BE LICENSED BY THE BOARD; AND TO AMEND SECTION
 40-45-260, RELATING TO THE PROHIBITION OF THE BOARD FROM GRANTING LICENSURE TO
 APPLICANTS WHO FAIL THE EXAMINATION THREE OR MORE TIMES, SO AS INCREASE THE
 NUMBER OF ALLOWED ATTEMPTS TO SIX. - ratified title
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   01/22/19  House  Introduced and read first time (House Journal-page 29)
   01/22/19  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs (House Journal-page 29)
   02/06/19  House  Member(s) request name added as sponsor: Moore,
                     Rose, Rutherford
   02/14/19  House  Member(s) request name added as sponsor: Willis
   02/19/19  House  Member(s) request name added as sponsor: Sottile
   04/02/19  House  Member(s) request name added as sponsor: Hill
   04/04/19  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs
                     (House Journal-page 3)
   04/05/19         Scrivener's error corrected
   04/09/19  House  Amended (House Journal-page 95)
   04/09/19  House  Read second time (House Journal-page 95)
   04/09/19  House  Roll call Yeas-100  Nays-0 (House Journal-page 96)
   04/10/19  House  Read third time and sent to Senate
                     (House Journal-page 12)
   04/10/19  Senate Introduced and read first time (Senate Journal-page 16)
   04/10/19  Senate Referred to Committee on Medical Affairs
                     (Senate Journal-page 16)
   04/18/19  Senate Committee report: Favorable with amendment
                     Medical Affairs (Senate Journal-page 10)
   05/07/19  Senate Committee Amendment Adopted (Senate Journal-page 20)
   05/07/19  Senate Amended (Senate Journal-page 20)
   05/07/19  Senate Read second time (Senate Journal-page 20)
   05/07/19  Senate Roll call Ayes-34  Nays-11 (Senate Journal-page 20)
   05/08/19  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 49)
   05/09/19  House  Senate amendment amended (House Journal-page 77)
   05/09/19  House  Returned to Senate with amendments
                     (House Journal-page 77)
   05/09/19  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 74)
   05/13/19         Ratified R  84
   05/16/19         Signed By Governor
   05/31/19         Effective date  05/16/19
   06/05/19         Act No.  64

(A64, R84, H3703)

AN ACT TO AMEND SECTION 40-45-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION REQUIRED FOR LICENSURE BY THE BOARD OF PHYSICAL THERAPY EXAMINERS, SO AS TO INCREASE THE MAXIMUM NUMBER OF TIMES A PERSON MAY ATTEMPT TO PASS THE EXAMINATION FROM THREE TO SIX, TO PROVIDE A PERSON WHO FAILS THE EXAMINATION A FIFTH TIME FIRST MUST TAKE COURSES THE BOARD MAY REQUIRE AND FURNISH EVIDENCE OF COMPLETING THESE COURSES BEFORE TAKING THE EXAMINATION A SIXTH TIME, AND TO PROVIDE A PERSON WHO FAILS THE EXAMINATION SIX OR MORE TIMES MAY NOT BE LICENSED BY THE BOARD; AND TO AMEND SECTION 40-45-260, RELATING TO THE PROHIBITION OF THE BOARD FROM GRANTING LICENSURE TO APPLICANTS WHO FAIL THE EXAMINATION THREE OR MORE TIMES, SO AS INCREASE THE NUMBER OF ALLOWED ATTEMPTS TO SIX.

Be it enacted by the General Assembly of the State of South Carolina:

Examination passage requirements

SECTION    1.    Section 40-45-230(G) and (H) of the 1976 Code is amended to read:

"(G)    If an applicant fails the examination, whether or not taken in South Carolina, the applicant may take the examination up to six times, each time upon payment of the examination fee and completion of an official application. If the applicant fails the examination for a fifth time, the applicant must take courses the board may require and furnish evidence of completing these courses before taking the examination for the sixth time.

(H)    No person may be licensed under this chapter if the person has failed the examination six or more times, whether or not the exam was taken in South Carolina."

Issue of licenses, conforming change

SECTION    2.    Section 40-45-260(D) of the 1976 Code is amended to read:

"(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 six or more times on a board-approved licensure examination."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 13th day of May, 2019.

Approved the 16th day of May, 2019.