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COMMITTEE REPORT
April 19, 2005
H. 3604
Introduced by Reps. Cato, Barfield, Bailey, Ballentine, G. Brown, Chellis, Dantzler, Hamilton, Hayes, Jennings, Norman, M.A. Pitts, Rice, J.E. Smith, Taylor, Young, Bingham, Clark and Huggins
S. Printed 4/19/05--H. [SEC 4/21/05 3:28 PM]
Read the first time February 22, 2005.
To whom was referred a Bill (H. 3604) to amend Section 40-45-320, Code of Laws of South Carolina, 1976, relating to creating or restricting rights of physical therapists to practice within the scope, 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, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-45-110 (A) of the 1976 Code is amended to read:
"(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. However, nothing in this section may be construed to prohibit a person licensed under this chapter from being employed by a licensed health care facility as defined by Section 44-7-130. Notwithstanding the provisions of this section, physical therapists or physical therapy assistants may be employed by a health care provider if the provider employed a physical therapist or physical therapist assistant on April 15, 2005 in compliance with Chapter 113 of Title 44 and may be employed by the provider until May 31, 2010.
(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;
(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;
(4) in the absence of a referral from a licensed medical doctor or dentist, 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.
(6) prior to June 1, 2010 has treated a patient referred to the physical therapist by the health care provider by which the physical therapist is employed, unless before the referral the provider furnishes the patient with a written disclosure form, which the patient has signed, informing the patient of:
(a) the existence of the investment interest;
(b) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(c) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(d) the names and addresses of at least two alternative sources of these items or services available to the patient;
(e) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient."
SECTION 2. Section 44-113-40 of the 1976 Code is further amended to read:
"Section 44-113-40. (A) A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the names and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(B) Notwithstanding the provisions of Section 44-113-30 (A) (1), prior to June 1, 2010 a health care provider may refer a patient to a physical therapist employed by the health care provider if, before the referral, the provider furnishes the patient with a written disclosure form informing the patient of:
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the names and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(C) The referring provider must obtain the patient's signature that the information required under subsection (A) or (B) has been provided to the patient."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JOE E. BROWN for Committee.
EXPLANATION OF IMPACT:
The Department of Labor, Licensing and Regulation and the Department of Health and Human Services report this bill will have no impact on the General Fund of State, or on federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 40-45-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATING OR RESTRICTING RIGHTS OF PHYSICAL THERAPISTS TO PRACTICE WITHIN THE SCOPE OF THEIR STATUTORY AUTHORITY, SO AS TO ALSO PROVIDE THAT PROVISIONS OF THE PHYSICAL THERAPY PRACTICE ACT MAY NOT BE CONSTRUED TO PROHIBIT OR RESTRICT THE CONDUCT OF A PHYSICAL THERAPIST OR PHYSICAL THERAPIST ASSISTANT OTHERWISE AUTHORIZED BY THE PROVIDER SELF REFERRAL ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-45-320 of the 1976 Code is amended by adding at the end:
"(D) Notwithstanding any provision to the contrary, nothing in this chapter may be construed to prohibit or restrict conduct by a physical therapist or physical therapist assistant otherwise authorized by Chapter 113 of Title 44, the Provider Self Referral Act."
SECTION 2. This act takes effect upon approval by the Governor.
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