South Carolina General Assembly
110th Session, 1993-1994

Bill 1228


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    1228
Primary Sponsor:                Land
Committee Number:               12
Type of Legislation:            GB
Subject:                        Occupational Therapy Board,
                                provisions
Residing Body:                  Senate
Current Committee:              Labor, Commerce &
                                Industry
Computer Document Number:       CYY/15759AC.94
Introduced Date:                19940302    
Last History Body:              Senate
Last History Date:              19940302    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Land
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

1228  Senate  19940302      Introduced, read first time,    12
                            referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-36-100 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY EMPLOY AN EXECUTIVE SECRETARY FOR THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY; TO AMEND SECTION 40-36-20, AS AMENDED, RELATING TO DEFINITIONS IN THE OCCUPATIONAL THERAPY PRACTICE ACT, SO AS TO INCLUDE A DEFINITION FOR AN OCCUPATIONAL THERAPY AIDE AND TO REVISE OTHER DEFINITIONS; TO AMEND SECTION 40-36-60, RELATING TO THE CREATION OF THE BOARD OF OCCUPATIONAL THERAPY, SO AS TO INCREASE MEMBERSHIP ON THE BOARD FROM FIVE TO SEVEN AND TO REVISE REQUIREMENTS FOR MEMBERSHIP; TO AMEND SECTION 40-36-80, RELATING TO MEETINGS OF THE BOARD, SO AS TO INCREASE THE NUMBER OF MEETINGS AND TO REVISE THE NUMBER FOR A QUORUM; TO AMEND SECTION 40-36-110, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO AUTHORIZE THE BOARD TO LEVY FINES; TO AMEND SECTION 40-36-120, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EDUCATIONAL PROGRAMS; TO AMEND SECTION 40-36-130, AS AMENDED, RELATING TO EXAMINATIONS FOR LICENSURE, SO AS TO PROHIBIT ISSUANCE OF A LIMITED PERMIT UPON FAILURE TO PASS THE EXAMINATION; TO AMEND SECTION 40-36-150, RELATING TO LICENSES, SO AS TO REVISE THE REQUIREMENTS FOR A FOREIGN-TRAINED APPLICANT TO OBTAIN A LIMITED PERMIT; TO AMEND SECTION 40-36-160, AS AMENDED, RELATING TO DISCIPLINARY PROCEEDINGS, SO AS TO ADD ADDITIONAL GROUNDS FOR THE BOARD TO TAKE DISCIPLINARY ACTION; AND TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO AUTHORIZE ADDITIONAL FEES.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 40-36-100. The Director of the Department of Labor, Licensing and Regulation may employ an executive secretary whose salary must be fixed by the director and paid from the appropriations of the General Assembly. The executive secretary shall keep all records of the board, issue necessary notices to the licensees, and perform other duties as may be requested by the director. The executive secretary shall give bond with a licensed bonding company in an amount as the director may fix for the faithful discharge of the executive secretary's duties as custodian of the monies paid to the board."

SECTION 2. Section 40-36-20 of the 1976 Code, as last amended by Act 552 of 1988, is further amended to read:

"Section 40-36-20. As used in this chapter:

(1) `Board' means the South Carolina Board of Occupational Therapy.

(2) `Occupational therapy' means the functional evaluation and treatment of individuals whose ability to cope with the tasks of living are threatened or impaired by developmental deficits, the aging process, poverty and cultural differences, physical injury or illness, or psychological or social disability. The treatment utilizes occupation, namely, goal-oriented activities, to prevent or correct physical or emotional deficits or to minimize the disabling effect of these deficits in the life of the individual. Specific occupational therapy techniques include, but are not limited to, activities of daily living (ADL), the fabrication and application of sprints splints, neurodevelopmental therapy, physical agent modalities, sensory-motor activities, the use of specifically designed crafts, guidance in the selection and use of adaptive equipment, exercises to enhance functional performance, prevocational evaluation and treatment, and consultation concerning adaption of physical environments for the handicapped. Such These techniques are applied in the treatment of individual patients or, clients, in groups, or through social systems.

(3) `Occupational therapist' means a person licensed to practice occupational therapy.

(4) `Occupational therapy assistant' means a person licensed to assist in the practice of occupational therapy under the supervision of or with the consultation of an occupational therapist.

(5) `Occupational therapy aide' means a person who has received on-the-job training in occupational therapy and is employed in an occupational therapy setting. An occupational therapy aide must be under direct supervision during working hours provides supportive services as defined in regulations.

(6) `Association' means the South Carolina Occupational Therapy Association.

(7) `Act' means the South Carolina Occupational Therapy Practice Act."

SECTION 3. Section 40-36-60 of the 1976 Code is amended to read:

"Section 40-36-60. There is hereby created the South Carolina Board of Occupational Therapy which shall consist of five seven members to be appointed by the Governor. Three Five members shall must be licensed occupational therapists of at least three five years' experience; one member shall must be an a licensed occupational therapy assistant of at least two years' experience; and one member a lay member. All of the therapists shall be licensed. Nominations for appointment to the board may be made to the Governor by any individual, group, or association. From a list of all licensed occupational therapists and occupational therapy assistants, the South Carolina Occupational Therapy Association may submit recommendations to the Governor of at least two names for each vacancy on the Board to be filled by such these licensees."

SECTION 4. Section 40-36-80 of the 1976 Code is amended to read:

"Section 40-36-80. The board shall meet at least twice four times each year and at such other times as its bylaws provide. A quorum for such meeting shall consist consists of three four members. At its initial meeting the The board shall elect from its membership a chairman, a vice-chairman, and a secretary to serve for one-year terms. The board shall have the power to may adopt bylaws and rules of procedure necessary to perform its duties."

SECTION 5. Section 40-36-110(f) of the 1976 Code is amended to read:

"(f) Shall issue and renew licenses and levy fines as prescribed by the board in regulation."

SECTION 6. Section 40-36-120 of the 1976 Code, as last amended by Act 552 of 1988, is further amended to read:

"Section 40-36-120. An applicant for a license as an occupational therapist or an occupational therapy assistant shall file a written application on forms provided by the board showing to the satisfaction of the board that he the applicant has:

(1) has successfully completed the academic requirements of an accredited educational program in occupational therapy with concentration in biologic or physical science, psychology, or sociology and with education in selected manual skills. For an occupational therapist or an occupational therapy assistant the essentials of such a the program must be accredited by the American Medical Association in collaboration with the American Occupational Therapy Association. For an occupational therapy assistant, the program must be approved by the American Association's Accreditation Council for Occupational Therapy Association Education;

(2) has successfully completed a period of supervised field work experience at a recognized educational institution or a training program approved by the educational institution where he the applicant met the academic requirements. For an occupational therapist a minimum of six months of supervised field work experience is required. For an occupational therapy assistant a minimum of two months of supervised field work experience is required; and

(3) has passed an examination approved by the board."

SECTION 7. Section 40-36-130 of the 1976 Code, as last amended by Act 552 of 1988, is further amended to read:

"Section 40-36-130. (1)(A) Any A person applying for licensure shall, in addition to demonstrating his eligibility in accordance with the requirements of Section 40-36-120, shall pass an examination approved by the board.

(2)(B) In case of failure at any examination the applicant has the privilege of a second examination. In case of a second failure the applicant, to be eligible for a third examination, in addition to the requirements for previous examination, has to wait a specific period not to exceed one year before reexamination and is not eligible for a limited permit and may not engage in the practice of occupational therapy in this State. The applicant may apply for a permanent license upon successful completion of the examination.

(3)(C) Applicants may obtain their examination scores in accordance with rules the regulations promulgated by the board may establish."

SECTION 8. Section 40-36-150 of the 1976 Code is amended to read:

"Section 40-36-150. (1)(A) The board shall issue a license to any a person who meets the requirements of this chapter upon payment of the license fee prescribed by the board in regulation.

(2)(B) Any A person who is issued a license as an occupational therapist may use the words `occupational therapist', `licensed occupational therapist', or `occupational therapist registered', or he may use the letters `O. T.', `L. O. T.' or `O. T. R./L.' in connection with his the person's name or place or business to denote his registration hereunder under this chapter.

(3)(C) Any A person who is issued a license as an occupational therapy assistant may use the words `occupational therapy assistant', `licensed occupational therapy assistant', or `certified occupational therapy assistant' or he may use the letters `O. T. A.', `L. O. T. A.' or `C. O. T. A./L.' in connection with his the person's name or place of business to denote his registration hereunder under this chapter.

(4) A temporary certificate of licensure limited to six months may be issued to a foreign-trained occupational therapist or occupational therapy assistant who (a) makes the usual application for license, (b) is a graduate of an approved school of occupational therapy or of occupational therapy assistants in his own country, (c) is a member of a professional association whose credentials are acceptable to the American Occupational Therapy Association and to the board and (d) pays the required licensure fee set at a reasonable reduced rate to be established by the board.

A regular certificate of license may be issued to a foreign-trained occupational therapist or occupational therapy assistant who fulfills the above requirements and who passes the next examination for licensure or who has passed the American Occupational Therapy Association's examination for foreign-trained occupational therapist or occupational therapy assistant.

(D) A limited permit, valid for not more than six months, may be issued to a foreign-trained occupational therapist or occupational therapy assistant who:

(a) makes application for licensure according to the regulations promulgated by the board; and

(b) is a graduate of a World Federation of Occupational Therapy approved school for occupational therapy or occupational therapy assistants."

SECTION 9. Section 40-36-160 of the 1976 Code, as last amended by Section 911 of Act 181 of 1993, is further amended to read:

"Section 40-36-160. (1)(A) The board may deny or refuse to renew a license or may suspend or revoke a license or may impose probationary conditions or levy an appropriate fine as prescribed by the board in regulation where the licensee or applicant is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct shall include or engages in misconduct for which there is a satisfactory showing to the board of any of the following:

(a)(1) obtaining a license by means of fraud, misrepresentation, or concealment of material facts.;

(b)(2) Being guilty of engaging in unprofessional conduct as defined by the rules established promulgated by the board in regulation or violating the Code of Ethics adopted and published promulgated by the board. in regulation;

(c)(3) being convicted of a felony or a crime involving moral turpitude.;

(4) misrepresenting occupational therapy credentials including education, training, experience, and competence;

(5) engaging in false, misleading, or deceptive advertising;

(6) obtaining or attempting to obtain compensation by fraud or deceit;

(7) violating a federal or state law which relates to the practice for which the individual has a certificate;

(8) engaging in assault and battery of patients or others with whom the practitioner has a professional relationship;

(9) engaging in sexual misconduct or abuse involving patients or others with whom the practitioner has a professional relationship;

(10) engaging in the practice of occupational therapy while one's ability to practice is impaired by alcohol or other drugs;

(11) engaging in the practice of occupational therapy while one's ability to practice is impaired by reason of physical or mental disability or disease;

(12) being adjudicated mentally incompetent by a court;

(13) otherwise violating the prevailing standards of the profession relating to the safe, proficient, or competent practice of occupational therapy.

(2)(B) Such denial Denial, refusal to renew, suspension, or revocation of a license or imposition of probationary conditions or levy of a fine upon a licensee may be ordered by the board in a decision made after a hearing in the manner provided by the rules adopted by the board for in the Administrative Procedures Act. A transcribed record of the hearing shall must be made. No sooner than one year from the date of the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to may accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement.

(3)(C) Any A licensee or applicant aggrieved by a decision of the board under this section may appeal such the decision to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 on the record made before the board."

SECTION 10. Section 40-36-180 of the 1976 Code is amended to read:

"Section 40-36-180. (A) The board shall prescribe and publish in the manner established by its rules in regulation fees in amounts determined by the board for the following purposes:

(1) application for examination. fee;

(2) Initial license fee.;

(3) Renewal of license fee. by reciprocity;

(4) Late renewal fee. verification of license;

(5) annual renewal;

(6) late renewal fee;

(7) reinstatement fee;

(8) mailing list fee;

(9) duplicate license certificate;

(10) duplicate identification card.

(B) 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 must be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall must be credited to the General Fund of the State. All assessments, fees, or licenses shall must be levied in an amount sufficient to at least equal the amount appropriated in the annual General Appropriations 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 11. This act takes effect July 1, 1994.

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