South Carolina General Assembly
104th Session, 1981-1982

Bill 873


                    Current Status

Bill Number:               873
Ratification Number:       514
Act Number                 413
Introducing Body:          Senate
Subject:                   Relating to physical therapy
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A413, R514, S873)

AN ACT TO AMEND SECTIONS 40-45-10, 40-45-20, 40-45-30, 40-45-40, 40-45-50, 40-45-70, 40-45-80, 40-45-90, 40-45-100, 40-45-110, 40-45-120, 40-45-130, 40-45-140, 40-45-150, 40-45-180, AS AMENDED, 40-45-210, AND 40-45-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPY, SO AS TO CHANGE REFERENCES TO PHYSICAL THERAPY ASSISTANT TO PHYSICAL THERAPIST ASSISTANT; TO CHANGE THE NAME OF THE STATE BOARD OF EXAMINATION AND REGISTRATION OF PHYSICAL THERAPISTS TO THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS AND TO CHANGE THE COMPOSITION OF THE BOARD AND PROVIDE FOR THE QUALIFICATIONS AND TERMS OF ITS MEMBERS; TO PROVIDE THAT THE PRESIDENT AND SECRETARY-TREASURER OF THE BOARD SHALL SERVE ONE-YEAR TERMS; TO CHANGE THE WORDING ON THE OFFICIAL SEAL OF THE BOARD; TO PROVIDE THAT REVENUES SHALL BE REMITTED TO THE STATE TREASURER; TO PROVIDE FOR THE SUBMITTING OF ANNUAL REPORTS ACCORDING TO THE PROVISIONS OF ACT 165 OF 1979; TO CHANGE QUALIFICATIONS OF APPLICANTS FOR REGISTRATION TO PRACTICE PHYSICAL THERAPY OR TO PRACTICE AS A PHYSICAL THERAPIST ASSISTANT; TO ELIMINATE PROVISIONS WHICH ESTABLISH FEES AND TO PROVIDE THAT THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS SHALL SET FEES; TO INCREASE THE NUMBER OF TIMES THAT EXAMINATIONS SHALL BE GIVEN FROM ONCE TO THREE TIMES EACH YEAR AND TO PROVIDE THAT THE PASSING GRADE SHALL BE DETERMINED BY REGULATION OF THE BOARD INSTEAD OF SEVENTY PERCENT; AND TO REPEAL SECTIONS 40-45-160, 40-45-170 AND 40-45-190, RELATING TO TEMPORARY AND REGULAR CERTIFICATES FOR FOREIGN TRAINED PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS, TEMPORARY PERMITS AND THE INACTIVE LIST OF PHYSICAL THERAPISTS, AND ACT 931 OF 1971, RELATING TO THE EXCLUSION OF MARLBORO COUNTY FROM THE APPLICATION OF LAWS RELATING TO PHYSICAL THERAPISTS AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS.

Be it enacted by the General Assembly of the State of South Carolina:

Board may use seal

Section 1. Section 40-45-10 of the 1976 Code is amended to read:

"Section 40-45-10. This chapter may be cited as the 'Physical Therapy Practice Act'."

Definition

Section 2. Item (3) of Section 40-45-20 of the 1976 Code is amended by striking on line one "therapy" and inserting "therapist". When amended the section shall read:

"(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."

Definition

Section 3. Item (5) of Section 40-45-20 of the 1976 Code is amended to read:

"(5) 'Board' shall mean the State Board of Physical Therapy Examiners."

Board of Physical Therapy Examiners created

Section 4. 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 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 the physical therapist assistants shall have had at least three years' experience prior to appointment, and shall be actively practicing in this State during their respective periods of incumbency. The term of each member of the Board shall be for four years, and no member may serve more than two successive four-year terms."

Board to designate president and secretary-treasurer

Section 5. Section 40-45-40 of the 1976 Code is amended to read:

"Section 40-45-40. The Board shall designate each year one of its members as president and one as secretary-treasurer."

Board to record proceedings

Section 6. Section 40-45-70 of the 1976 Code, is amended by striking on lines six and nine "therapy" and inserting "therapist". When amended the section shall read:

"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." Board may use seal

Section 7. Section 40-45-50 of the 1976 Code is amended to read:

"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'."

Revenues and income from licenses, etc.

Section 8. Section 40-45-80 of the 1976 Code is amended to read:

"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."

Annual report

Section 9. Section 40-45-90 of the 1976 Code is amended to read:

"Section 40-45-90. The annual report shall be submitted according to the provisions of Act 165 of 1979."

Requirements for person to be registered as physical therapist

Section 10. Section 40-45-100 of the 1976 Code, as last amended by Act 442 of 1978, is further amended to read:

"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."

Application for physical therapist

Section 11. Section 40-45-110 of the 1976 Code, as last amended by Section 1 of Act 35 of 1981, is further amended by striking on line nine "not to exceed one hundred ten dollars" and by striking on lines three, seven, and eleven "therapy" and inserting "therapist". When amended the section shall read:

"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."

Board may register physical therapist without examination

Section 12. Section 40-45-120 of the 1976 Code is amended by striking beginning on line three "not to exceed seventy-five dollars" and by striking on line nine "substantially equal" and inserting "equivalent" and by striking on lines two, five, and seven "therapy" and inserting "therapist". When amended the section shall read:

"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."

Board to examine applicants

Section 13. Section 40-45-130 of the 1976 Code is amended to read:

"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."

Board to register physical therapists

Section 14. Section 40-45-140 of the 1976 Code is amended by striking on lines two and seven "therapy" and inserting "therapist". When amended the section shall read:

"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."

Certain physical therapists not required to register

Section 15. Section 40-45-150 of the 1976 Code is amended by striking on lines one, two, six, and eight "therapy" and inserting "therapist". When amended the section shall read:

"Section 40-45-150. Physical therapists and physical therapist assistants, including foreign-trained physical therapists and physical therapist assistants, who are graduate students in special physical therapy courses receiving a small stipend rather than the usual staff salary for practicing their profession as part of their training, shall not be required to register as physical therapists or physical therapist assistants in South Carolina. Any such physical therapist or physical therapist assistant shall furnish sufficient information to the State Examining Board for it to determine such person's status. At the end of one year, should the student wish to continue his education in this State, he must apply to the Board for evaluation of his status as of that time and if he qualifies may continue to practice physical therapy as a graduate student without being registered under this chapter."

Fee

Section 16. Section 40-45-180 of the 1976 Code, as last amended by Section 2 of Act 35 of 1981, is further amended to read:

"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."

Penalties

Section 17. Section 40-45-210 of the 1976 Code is amended by striking on lines three, ten, and twelve, "therapy" and inserting "therapist" and by striking on line seven "Therapy" and inserting "Therapist". When amended the section shall read:

"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 physical therapist 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."

Person registered not to treat certain ailments

Section 18. Section 40-45-220 of the 1976 Code is amended by striking on line ten "therapy" and inserting "therapist". When amended the section shall read:

"Section 40-45-220. A person registered under this chapter as a physical therapist shall not treat human ailments 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."

Repeal

Section 19. Act 931 of 1971 and Sections 40 45-160, 40-45-170, and 40-45-190 of the 1976 Code are repealed.

Board reauthorized

Section 20. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the State Board of Physical Therapy Examiners is reauthorized for six years as provided in such section.

Time effective

Section 21. This act shall take effect upon the approval by the Governor.