S*0348(Rat #0149, Act #0085)  General Bill, By Wilson

Similar(H 3405)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 40-45-215 so as to authorize the State Board of Physical Therapy Examiners to
 impose a civil penalty for violations; to amend Section 40-45-30, relating to
 the State Board, so as to authorize the Board to promulgate regulations
 regulating the practice of physical therapy, qualifications for registering,
 establishing a code of ethics, and fixing fees; to amend Section 40-45-200,
 relating to grounds for refusal, suspension, or revocation of registration of
 physical therapists, so as to provide additional grounds; and to amend Section
 40-45-250, as amended, relating to investigations and prosecutions of persons
 violating the Physical Therapy Practice Act, so as to authorize the Board to
 seek injunctive relief; and to repeal Section 40-45-60, relating to the
 authority of the Board to adopt rules.

   02/02/93  Senate Introduced and read first time SJ-4
   02/02/93  Senate Referred to Committee on Medical Affairs SJ-5
   04/01/93  Senate Committee report: Favorable Medical Affairs SJ-11
   04/06/93  Senate Read second time SJ-18
   04/07/93  Senate Read third time and sent to House SJ-31
   04/13/93  House  Introduced and read first time HJ-22
   04/13/93  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-22
   05/05/93  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-5
   05/19/93  House  Read second time HJ-33
   05/20/93  House  Read third time and enrolled HJ-9
   06/10/93         Ratified R 149
   06/14/93         Signed By Governor
   06/14/93         Effective date 06/14/93
   06/24/93         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-215 SO AS TO AUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS TO IMPOSE A CIVIL PENALTY FOR VIOLATIONS; TO AMEND SECTION 40-45-30, RELATING TO THE STATE BOARD, SO AS TO AUTHORIZE THE BOARD TO PROMULGATE REGULATIONS REGULATING THE PRACTICE OF PHYSICAL THERAPY, QUALIFICATIONS FOR REGISTERING, ESTABLISHING A CODE OF ETHICS, AND FIXING FEES; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO PROVIDE ADDITIONAL GROUNDS; AND TO AMEND SECTION 40-45-250, AS AMENDED, RELATING TO INVESTIGATIONS AND PROSECUTIONS OF PERSONS VIOLATING THE PHYSICAL THERAPY PRACTICE ACT, SO AS TO AUTHORIZE THE BOARD TO SEEK INJUNCTIVE RELIEF; AND TO REPEAL SECTION 40-45-60, RELATING TO THE AUTHORITY OF THE BOARD TO ADOPT RULES.

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

Civil penalty

SECTION 1. Chapter 45, Title 40 of the 1976 Code is amended by adding:

"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."

Regulations

SECTION 2. Section 40-45-30 of the 1976 Code is amended to read:

"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."

Violations

SECTION 3. Section 40-45-200 of the 1976 Code is amended by adding at the end:

"(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."

Injunctive relief

SECTION 4. Section 40-45-250 of the 1976 Code, as last amended by Act 90 of 1987, is amended by adding:

"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."

Repeal

SECTION 5. Section 40-45-60 of the 1976 Code is repealed.

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Approved the 14th day of June, 1993.