Current Status Bill Number:659 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970415 Primary Sponsor:Courtney All Sponsors:Courtney, Bryan, Alexander, Washington, Wilson, Elliott, Ford, Glover, Hayes, Lander, McConnell, Mescher, O'Dell, Rankin, Ravenel, Reese, Rose, Russell, Saleeby and J. Verne Smith Drafted Document Number:psd\7235ac.97 Companion Bill Number:3784 Residing Body:Senate Current Committee:Labor, Commerce and Industry Committee 12 SLCI Subject:Physical therapists, therapy; professional licensing boards, licensing and regulation of, continuing education
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980527 Recommitted to Committee 12 SLCI
Senate 19970527 Committee report: Favorable with 12 SLCI
amendment
Senate 19970415 Introduced, read first time, 12 SLCI
referred to Committee
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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.
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
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.
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:
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.