Current Status Bill Number:4788 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960320 Primary Sponsor:Tripp All Sponsors:Tripp and Cato Drafted Document Number:pt\2324ac.96 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Physical therapy, disciplinary action
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960507 Recommitted to Committee 27 H3M
House 19960424 Committee report: majority 27 H3M
favorable, with amendment,
minority unfavorable
House 19960320 Introduced, read first time, 27 H3M
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 24, 1996
H. 4788
S. Printed 4/24/96--H.
Read the first time March 20, 1996.
To whom was referred a Bill (H. 4788), to amend Sections 40-45-20, 40-25-200, as amended, 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 40-45-20 of the 1976 Code is amended to read:
"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 means the evaluation and treatment of any a bodily or mental condition of any a person by the use of physical, chemical, or mechanical agents, the properties of heat, light, water, electricity, massage, sound, and therapeutic exercises, including rehabilitation procedures, all under the prescription of a licensed doctor of medicine or dentistry for each patient or upon the written recommendation to the board by two doctors of medicine or dentistry which would authorize the person to perform physical therapy on all patients in accordance with this chapter. The Physical therapy does not include the use of roentgen rays and radium for diagnostic or therapeutic purposes, the use of electricity for surgical purposes, including cauterization and colonic irrigations, are not authorized under the term `physical therapy' as used in this chapter.
(2) `Physical therapist' shall mean means a person who practices physical therapy.
(3) `Physical therapist assistant' shall mean means a person who assists a physical therapist and whose activities require an understanding of physical therapy but do not require advanced training in the anatomical, biological, and physical sciences involved in the practice of physical therapy.
(4) `Prescription' shall mean the written or oral designation of physical therapy treatment by a licensed doctor of medicine or dentistry and the instruction therefor may be as detailed or as general as the doctor in his sound discretion deems necessary in the particular case.
(5) `Board' shall mean means the State Board of Physical Therapy Examiners."
SECTION 2. Section 40-45-200 (8) and (9) are amended to read:
"(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 practiced physical therapy and failed to refer to a licensed medical doctor or dentist a patient whose medical condition at the time of evaluation or treatment should have been determined to be beyond the scope of practice of a physical therapist or in violation of the requirements of this chapter;
(9)(10) Who has failed or refused to obey any lawful order or regulation of the board.;"
SECTION 3. Section 40-45-200 (10) and (11) of the 1976 Code, as last amended by Act 85 of 1993, is amended to read:
"(10)(11) 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.; or
(11)(12) Who has violated the code of ethics promulgated by the board."
SECTION 4. Section 40-45-220 of the 1976 Code is amended to read:
"Section 40-45-220. (A) A person registered under this chapter as a physical therapist shall may not treat human ailments otherwise other than by physical therapy as defined in this chapter or undertake to practice independent of the prescription of a licensed doctor of medicine or dentistry.
(B) Notwithstanding the definition of physical therapy as provided for in Section 40-45-20, no physical therapist may treat a person for a back or neck ailment, condition, injury, disease, or problem without the prescription of a licensed doctor of medicine or dentistry.
(C) If the condition of a patient undergoing physical therapy does not improve within twenty days after the first treatment, the patient must be referred to an appropriate licensed doctor of medicine or dentistry.
(D) Upon completing twenty consecutive physical therapy sessions or upon passage of thirty days, whichever occurs first, the physical therapist shall discontinue physical therapy treatment and refer the patient to an appropriate licensed doctor of medicine or dentistry.
(E) Nothing in this chapter shall may be construed as authorizing a registered physical therapist, or a physical therapist assistant 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.
(F) 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 the patient's treatment program by such the therapist, at frequent intervals, not less than after every seventh treatment given by the assistant.
(E) Any A person violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction by a court of competent jurisdiction, shall must be punished as set out provided for in Section 40-47-260."
SECTION 5. The 1976 Code is amended by adding:
"Section 40-45-270. (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 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Majority favorable. Minority unfavorable.
JOE E. BROWN BESSIE MOODY-LAWRENCE
For Majority. T. BROWN
For Minority.
1. Estimated Cost to State-First Year $ - 0 -
2. Estimated Cost to State-Annually Thereafter$ - 0 -
After a review of this bill it was determined that there will be no impact to the Department of Labor, Licensing, and Regulation or to the General Fund of the State due to the fact that this bill is regulatory in nature.
Approved By:
Michael L. Shealy
Office of State Budget
TO AMEND SECTIONS 40-45-20, 40-45-200, AS AMENDED, AND SECTION 40-45-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE PRACTICE OF PHYSICAL THERAPY, SO AS TO DELETE PROVISIONS REQUIRING SUCH PRACTICE ONLY UPON THE PRESCRIPTION OF A DOCTOR OF MEDICINE OR DENTISTRY AND TO INCLUDE AS A GROUND FOR REFUSING TO LICENSE OR FOR DISCIPLINARY ACTION A PERSON WHO HAS PRACTICED PHYSICAL THERAPY BEYOND THE SCOPE OF PRACTICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-45-20 of the 1976 Code is amended to read:
"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 means the evaluation and treatment of any a bodily or mental condition of any a person by the use of physical, chemical, or mechanical agents, the properties of heat, light, water, electricity, massage, sound, and therapeutic exercises, including rehabilitation procedures, all under the prescription of a licensed doctor of medicine or dentistry. The Physical therapy does not include the use of roentgen rays and radium for diagnostic or therapeutic purposes, the use of electricity for surgical purposes, including cauterization and colonic irrigations, are not authorized under the term "physical therapy" as used in this chapter.
(2) `Physical therapist' shall mean means a person who practices physical therapy.
(3) `Physical therapist assistant' shall mean means a person who assists a physical therapist and whose activities require an understanding of physical therapy but do not require advanced training in the anatomical, biological, and physical sciences involved in the practice of physical therapy.
(4) "Prescription" shall mean the written or oral designation of physical therapy treatment by a licensed doctor of medicine or dentistry and the instruction therefor may be as detailed or as general as the doctor in his sound discretion deems necessary in the particular case.
(5)(4) `Board' shall mean means the State Board of Physical Therapy Examiners."
SECTION 2. Section 40-45-200 (8) and (9) is amended to read:
"(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 practiced physical therapy and failed to refer to a licensed medical doctor or dentist a patient whose medical condition at the time of evaluation or treatment should have been determined to be beyond the scope of practice of a physical therapist;
(9)(10) Who has failed or refused to obey any lawful order or regulation of the board.;"
SECTION 3. Section 40-45-200 (10) and (11) of the 1976 Code, as last amended by Act 85 of 1993, is amended to read:
"(10)(11) 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.; or
(11)(12) Who has violated the code of ethics promulgated by the board."
SECTION 4. Section 40-45-220 of the 1976 Code is amended to read:
"Section 40-45-220. A person registered under this chapter as a physical therapist shall may not treat human ailments otherwise other than by physical therapy as defined in this chapter or undertake to practice independent of the prescription of a licensed doctor of medicine or dentistry. Nothing in this chapter shall may be construed as authorizing a registered physical therapist, or any other person to practice medicine, surgery, osteopathy, homeopathy, chiropractics, naturopathy, magnetic healing, or any other form, branch, or method of healing as authorized by the laws of this State. A person registered under this chapter as a physical therapist assistant shall perform his duties only after the initial examination and evaluation of the patient by a registered physical therapist, with the requirement of periodic reexamination and reevaluation of the patient and his the patient's treatment program by such the therapist, at frequent intervals, not less than after every seventh treatment given by the assistant. Any A person violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction by a court of competent jurisdiction, shall must be punished as set out provided for in Section 40-47-260."
SECTION 5. This act takes effect upon approval by the Governor.