Current Status Introducing Body:House Bill Number:3789 Primary Sponsor:Waldrop Committee Number:13 Type of Legislation:GB Subject:Physical therapists Residing Body:Senate Current Committee:Medical Affairs Computer Document Number:CYY/18406.SD Introduced Date:Apr 09, 1991 Date of Last Amendment:Apr 08, 1992 Last History Body:Senate Last History Date:Apr 14, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Waldrop Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3789 Senate Apr 14, 1992 Introduced, read first time, 13
referred to Committee
3789 House Apr 09, 1992 Read third time, sent to
Senate
3789 House Apr 08, 1992 Amended, read second time
3789 House Apr 07, 1992 Debate interrupted by
adjournment
3789 House Mar 04, 1992 Committee Report: majority 27
favorable, with amendment,
minority unfavorable
3789 House Apr 09, 1991 Introduced, read first time, 27
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
AMENDED
April 8, 1992
H. 3789
S. Printed 4/8/92--H.
Read the first time April 9, 1991.
TO AMEND SECTION 40-45-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF THE REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO REVISE THE GROUND RELATING TO CERTAIN ACTIONS TAKEN INDEPENDENT OF A LICENSED DOCTOR OR DENTIST; AND TO AMEND SECTION 40-45-220, RELATING TO THE SCOPE OF PRACTICE OF PHYSICAL THERAPISTS, SO AS TO REVISE THIS SCOPE OF PRACTICE.
Amend Title To Conform
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 As used 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 bodily or mental condition of any 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 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 human beings to detect, correct, alleviate, and prevent physical disability, movement dysfunction, bodily malfunctions and pain resulting from injury, disease, congenital or developmental deficits, or illness. Physical therapy includes performing tests and measurements of bodily structures and functions and the planning and administration of treatment including the use of physical agents such as light, heat, cold, water, air, sound, compression, electricity, massage, therapeutic exercise, and other rehabilitation procedures.
(2) `Physical therapist' shall mean means a person who practices licensed to practice 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 licensed to assist in the practice of physical therapy under the supervision of a physical therapist. The physical therapist assistant's 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) `Evaluation' means the process of identifying the primary physical dysfunction toward which the physical therapist directs treatment. The physical therapist identifies the dysfunction based on information obtained from the history, signs, symptoms, examination, and tests that the physical therapist performs or requests.
(5)(6) `Board' shall mean means the State Board of Physical Therapy Examiners."
SECTION 2. Section 40-45-200(8) of the 1976 Code is amended to read:
"(8) Who has treated or undertaken to treat human ailments otherwise other 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 who has undertaken to practice independent of a referral of a licensed doctor of medicine or dentistry where required under this chapter, or who has failed to refer any individual still under active physical therapy treatment to a licensed doctor of medicine or dentistry thirty days after the initial evaluation and treatment; or"
SECTION 3. 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 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.
(1) A physical therapist registered under this chapter is considered to be engaged in the practice of physical therapy by employing acts, tests, procedures, and modalities commensurate with professional training received through approved education and experience. Physical therapy treatment includes the use of physical agents such as light, heat, cold, water, air, sound, compression, electricity, massage, and therapeutic exercises including rehabilitation procedures.
(2) A physical therapist registered under this chapter must have a referral from a licensed doctor of medicine or dentistry to perform tissue penetration for debridement of wounds and ulcers, to apply topical prescription medications, to order prosthetic limb replacements, and to perform manipulations of the spine.
(3) Nothing in this chapter may be construed as authorizing a registered physical therapist nor any person working under his supervision 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 physical therapist registered under this chapter or any person working under his supervision may not employ acts, tests, procedures, treatments, or modalities in the treatment of patients that are beyond the scope of the practice of physical therapy. The use of roentgen rays, or radioactive materials for diagnostic purposes or treatment is prohibited, and the use of electricity for surgical purposes, including cauterization and colonic irrigations is prohibited.
(4) A patient receiving treatment without the initial prescription of a licensed doctor of medicine or dentistry from a physical therapist registered under this chapter who is still under active treatment by the physical therapist thirty days after the initial evaluation and treatment must be referred by the physical therapist to a licensed doctor of medicine or dentistry before any further physical therapy treatment may be performed. Provided, however, that a physical therapist shall not implement a plan of treatment on a patient being treated in a hospital without a written or oral prescription or order by a licensed doctor of medicine or dentistry.
(5) A physical therapist must supervise physical therapist assistants, physical therapy aides, physical therapy graduates, and physical therapy assistant graduates to the extent allowed under this chapter and the regulations promulgated by the board.
(6) A physical therapist assistant registered under this chapter may assist in the practice of physical therapy only to the extent allowed by the supervising physical therapist and within the scope allowed by law. A physical therapist assistant shall perform his duties only after the initial evaluation of a patient by a registered physical therapist. Periodic reexaminations and reevaluations of the patient by a registered physical therapist must be made not less than every seventh treatment given by the physical therapist assistant.
(7) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 40-47-260."
SECTION 4. This act takes effect upon approval by the Governor.