Current Status Introducing Body:Senate Bill Number:722 Primary Sponsor:Elliott Type of Legislation:GB Subject:Physical therapists Residing Body:Senate Companion Bill Number:3630 Computer Document Number:436/11199AC.93 Introduced Date:19930421 Last History Body:Senate Last History Date:19940331 Last History Type:Committee Report: Favorable with amendment Scope of Legislation:Statewide All Sponsors:Elliott Ford Stilwell Mitchell Martin Russell O'Dell Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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722 Senate 19940331 Committee Report: Favorable 13
with amendment
722 Senate 19930421 Introduced, read first time, 13
referred to Committee
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COMMITTEE REPORT
March 31, 1994
S. 722
Introduced by SENATORS Elliott, Ford, Stilwell, Mitchell, Martin, Russell and O'Dell
S. Printed 3/31/94--S.
Read the first time April 21, 1993.
To whom was referred a Bill (S. 722), to amend the Code of Laws of South Carolina, 1976, by adding Section 40-45-260 so as provide that no right exists for a physical therapist, etc., respectfully
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 40-45-20(1), page 2, beginning on line 27, by deleting /, all under the prescription of a licensed doctor of medicine or dentistry./ and inserting /, 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./
Amend further, Section 40-45-20, by deleting beginning on page 2, line 43 through page 3, line 4 and inserting:
/(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./
Amend further, Section 40-45-20, page 3, line 5, by deleting /(5)(4)/ and inserting /(5)/.
Amend further, Section 40-45-200(8) by inserting before /; or/ on page 3, line 41: /or has undertaken to treat by physical therapy independent of the prescription of a licensed doctor of medicine or dentistry/.
Amend further, Section 40-45-220, by deleting on page 4, beginning on line 7: / or undertake to practice independent of the prescription of a licensed doctor of medicine or dentistry/ and inserting /or undertake to practice treat by physical therapy independent of the prescription of a licensed doctor of medicine or dentistry/.
Renumber sections to conform.
Amend title to conform.
JAMES E. BRYAN, JR., for Committee.
1. Estimated Cost to State-First Year$-0-
2. Estimated Cost to State-Annually
Thereafter $-0-
If enacted, Senate Bill 722, would add Section 40-45-260 and amend sections in the South Carolina Code of Laws, 1976, on the Board of Physical Therapy Examiners, relating to definitions, deleting "prescription"; grounds for suspension and revocation of registration and penalties for violations, deleting requirements of practicing physical therapy under the prescription of a licensed doctor of medicine or dentistry.
There is no state funding impact.
Prepared By: Approved By:
Frances H. Barr George N. Dorn, Jr.
State Budget Analyst State Budget Division
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-260 SO AS 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 DELETE THE DEFINITION OF "PRESCRIPTION"; AND TO AMEND SECTION 40-45-200, 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 DELETE THE REQUIREMENT OF PRACTICING PHYSICAL THERAPY UNDER 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 40-45-260. (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 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.
(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 of Title 40 or from a person licensed to practice dentistry under Chapter 15 of Title 40 in order to be entitled to receive reimbursement for these therapy services."
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. 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 3. Section 40-45-200 of the 1976 Code is 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 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."
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 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 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 a violation of this section."
SECTION 5. This act takes effect upon approval by the Governor.