Current Status Introducing Body:House Bill Number:5104 Primary Sponsor:Waldrop Committee Number:25 Type of Legislation:GB Subject:Physical therapist Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/15978AC.94 Introduced Date:19940414 Last History Body:House Last History Date:19940414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Waldrop Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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5104 House 19940414 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-270 SO AS TO PROVIDE THAT NO RIGHT EXISTS FOR A PHYSICAL THERAPIST TO HAVE PAID TO THEM A BENEFIT UNDER AN INSURANCE POLICY; TO AMEND SECTION 40-45-20, RELATING TO DEFINITIONS IN THE PHYSICAL THERAPY PRACTICE ACT, SO AS TO REVISE THESE DEFINITIONS; AND TO AMEND SECTION 40-45-200, AS AMENDED, RELATING TO GROUNDS FOR SUSPENSION AND REVOCATION OF REGISTRATION AND SECTION 40-45-220, RELATING TO SCOPE OF PRACTICE AND PENALTIES FOR VIOLATIONS, SO AS TO PROHIBIT "TREATING BY" RATHER THAN "PRACTICING" PHYSICAL THERAPY WITHOUT THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY AND TO REVISE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-45-270. Nothing in this chapter may be construed to create a right in a physical therapist or physical therapist assistant to:
(1) have paid to the therapist or therapist assistant a benefit under:
(a) a self-funded plan providing health benefits to residents of this State;
(b) any accident and health insurance provided to residents of this State; or
(c) any plan of operations established by a health maintenance organization licensed in the State; or
(2) have a claim against a third party payor, however situated."
SECTION 2. 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 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. Without a prescription a physical therapist may conduct a one-time physical therapy evaluation on an individual. 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 means the written designation or oral designation later confirmed in writing of physical therapy treatment by a licensed doctor of medicine or dentistry and the instruction therefor for physical therapy may be as detailed or as general as the doctor in his sound discretion deems considers necessary in the particular case.
(5) `Board' shall mean means the State Board of Physical Therapy Examiners."
SECTION 3. Section 40-45-200 of the 1976 Code, as last amended by Act 85 of 1993, is further amended to read:
"Section 40-45-200. The board, after due notice and hearing, may refuse to register any an applicant and may refuse to or renew the registration of any a registered person, and may suspend or revoke the registration of any a registered person who:
(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 a 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 a crime involving moral turpitude;
(5) Who is guilty, in the judgment of the board, of gross negligence in his practice practicing 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 subsequently has not thereafter been declared sane;
(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 treat by physical therapy independent of the prescription of a licensed doctor of medicine or dentistry; or
(9) Who has failed or refused to obey any a 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 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 aliments ailments otherwise other than by physical therapy as defined in this chapter or undertake to practice treat by physical therapy 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 these 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 registered physical 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 in Section 40-47-260 fined not more than one thousand dollars or imprisoned not more than two years, or both. Each violation constitutes a separate offense. This section applies to a corporation, association, or person aiding or abetting in violation of this section."
SECTION 5. This act takes effect upon approval by the Governor.