S*873 Session 104 (1981-1982)
S*0873(Rat #0514, Act #0413 of 1982) General Bill, By Drummond, R.C. Lake and
T.D. Wise
Similar(H 3668)
A Bill 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.-at
03/11/82 Senate Introduced and read first time SJ-16
03/11/82 Senate Referred to Committee on Medical Affairs SJ-16
04/28/82 Senate Committee report: Favorable with amendment
Medical Affairs SJ-21
04/28/82 Senate Read second time SJ-21
04/28/82 Senate Ordered to third reading with notice of
amendments SJ-21
04/29/82 Senate Amended SJ-54
04/29/82 Senate Read third time and sent to House SJ-57
05/04/82 House Introduced and read first time HJ-2756
05/04/82 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-2756
05/11/82 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-2880
05/26/82 House Amended HJ-3568
05/26/82 House Read second time HJ-3574
05/27/82 House Read third time HJ-3610
05/27/82 House Returned HJ-3610
05/27/82 Senate House amendment amended SJ-9
05/27/82 Senate Returned SJ-9
06/01/82 House Concurred in Senate amendment and enrolled HJ-3669
06/03/82 Senate Ratified R 514 SJ-54
06/08/82 Signed By Governor
06/08/82 Effective date 06/08/82
06/08/82 Act No. 413
06/18/82 Copies available
(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. |