Current Status Introducing Body:
HouseBill Number: 3405Primary Sponsor: WaldropCommittee Number: 27Type of Legislation: GBSubject: Physical therapistsResiding Body: HouseCurrent Committee: Medical, Military, Public and Municipal AffairsCompanion Bill Number: 348Date Tabled: 19930504Computer Document Number: JIC/5277HC.93Introduced Date: 19930204Last History Body: HouseLast History Date: 19930504Last History Type: Tabled in CommitteeScope of Legislation: StatewideAll Sponsors: WaldropType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3405 House 19930504 Tabled in Committee 27 3405 House 19930204 Introduced, read first time, 27 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-215 SO AS TO AUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS TO IMPOSE A CIVIL PENALTY FOR VIOLATIONS; TO AMEND SECTION 40-45-30, RELATING TO THE STATE BOARD, SO AS TO AUTHORIZE THE BOARD TO PROMULGATE REGULATIONS REGULATING THE PRACTICE OF PHYSICAL THERAPY, QUALIFICATIONS FOR REGISTERING, ESTABLISHING A CODE OF ETHICS, AND FIXING FEES; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO PROVIDE ADDITIONAL GROUNDS; AND TO AMEND SECTION 40-45-250, AS AMENDED, RELATING TO INVESTIGATIONS AND PROSECUTIONS OF PERSONS VIOLATING THE PHYSICAL THERAPY PRACTICE ACT, SO AS TO AUTHORIZE THE BOARD TO SEEK INJUNCTIVE RELIEF; AND TO REPEAL SECTION 40-45-60, RELATING TO THE AUTHORITY OF THE BOARD TO ADOPT RULES.
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 by adding:
"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 2. Section 40-45-30 of the 1976 Code is amended to read:
"Section 40-45-30. There is hereby created the State Board of Physical Therapy Examiners to administer the registration of physical therapists and physical therapist assistants as defined and set out 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 or and the physical therapist assistants shall must have had at least three years' experience prior to before the appointment, and shall must be actively practicing in this State during their respective periods of incumbency. The term of each member of the Board shall be 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 3. Section 40-45-200 of the 1976 Code is amended by adding at the end:
"(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 4. Section 40-45-250 of the 1976 Code, as last amended by Act 90 of 1987, is amended by adding:
"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 5. Section 40-45-60 of the 1976 Code is repealed.
SECTION 6. This act takes effect upon approval by the Governor.