Printed Page 3340, May 7
| Printed Page 3360, May 7
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Printed Page 3340, May 7
| Printed Page 3360, May 7
| "(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
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.
Rep. TRIPP explained the amendment.
Rep. HOWARD moved to recommit the Bill.
Rep. TRIPP moved to table the motion to recommit, which was not agreed to by a division vote of 28 to 45.
The question then recurred to the motion to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.
The following Bill was taken up.
H. 4884 -- Reps. McElveen and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT IT IS UNLAWFUL
Rep. KNOTTS moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Joint Resolution was taken up.
H. 4453 -- Reps. Townsend, Stille, Cooper, Trotter and Cato: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Rep. TOWNSEND moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
H. 4477 -- Reps. Stille, J. Hines, Wilder, Simrill, Sandifer, Kirsh, Meacham, Easterday, Allison, Neilson, Herdklotz, Walker, Cotty, Shissias, Cromer, Klauber, Fleming, Baxley, Trotter, Wells, Davenport, Littlejohn, McMahand, Stuart, Witherspoon, Williams, Dantzler, McCraw, Marchbanks and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED MUST BE IMPOUNDED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT THE COST ASSOCIATED WITH IMPOUNDING THE MOTOR VEHICLE MUST BE BORNE BY THE DRIVER.
Rep. STILLE explained the Bill.
Rep. KIRSH moved to recommit the Bill to the Committee on Education and Public Works.
Rep. STILLE moved to table the motion, which was agreed to by a division vote of 35 to 21.
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Brown, J. Brown, T. Cain Carnell Cato Cooper Cotty Cromer Dantzler Easterday Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Haskins Hines, J. Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Loftis Marchbanks Mason McAbee McCraw McElveen McKay Meacham Moody-Lawrence Neilson Phillips Rice Richardson Riser Robinson Rogers Sandifer Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Whipper, S.
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4712 -- Reps. Seithel, Harrison, Mason, L. Whipper, J. Harris, Sandifer, S. Whipper, Neal, Bailey, Thomas, Whatley, Kinon, Lloyd, Herdklotz, Young-Brickell and J. Young: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL TREATMENT OF ANIMALS, SO AS TO CHANGE CERTAIN OF THESE OFFENSES TO FELONIES AND TO INCREASE PENALTIES.
Rep. WITHERSPOON moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SEITHEL moved to table the motion, and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Cain Cato Cromer Gamble Hallman Harris, J. Harrison Harvin Hutson Jaskwhich Jennings Keegan Kelley Keyserling Martin Mason McElveen Meacham Neilson Phillips Richardson Rogers Sandifer Seithel Sheheen Shissias Simrill Smith, R. Thomas Townsend Tucker Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkins Williams Wofford Young Young-Brickell
Those who voted in the negative are:
Askins Baxley Brown, G. Brown, J. Brown, T. Byrd Carnell Clyburn Cobb-Hunter Cooper Cotty Dantzler
Delleney Easterday Fulmer Haskins Hines, J. Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limehouse Lloyd Loftis Marchbanks McCraw McKay Moody-Lawrence Neal Rice Riser Robinson Scott Sharpe Spearman Stille Stoddard Stuart Vaughn White Wilkes Witherspoon Wright
So, the House refused to table the motion.
The question then recurred to the motion to commit the Bill.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Baxley Brown, G. Brown, J. Brown, T. Byrd Carnell Chamblee Clyburn Cobb-Hunter Cooper Cotty Delleney Easterday Fleming Fulmer Govan Harrell Haskins Hines, J. Kinon Kirsh Klauber Knotts Koon Law Limehouse Lloyd Loftis Marchbanks McAbee McCraw Moody-Lawrence Quinn Rice Riser Robinson Scott Sharpe Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop
White Wilkes Williams Witherspoon Wright
Those who voted in the negative are:
Allison Bailey Breeland Cain Cato Cromer Dantzler Gamble Hallman Harris, J. Harrison Harvin Hutson Jaskwhich Jennings Keegan Kelley Keyserling Lanford Lee Mason McElveen McTeer Meacham Neal Neilson Phillips Richardson Sandifer Seithel Sheheen Shissias Simrill Stille Thomas Tucker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkins Wofford Young Young-Brickell
So, the motion to commit was agreed to.
The following Bill was taken up.
H. 4631 -- Reps. Wilkes, G. Brown, Bailey, Simrill, Meacham, J. Young, Fulmer, Sharpe, Shissias, Wofford, Young-Brickell, Limehouse, Wright, Davenport, Whatley, Cain, Tucker, Carnell, Hodges, R. Smith, Whatley, Breeland, Wilder, Stoddard, Richardson, Cromer, McMahand, Fulmer, L. Whipper, J. Brown, Scott, J. Hines, Knotts, Marchbanks, Neilson, Kennedy and Kinon: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICES ON WHICH THE SALES TAX APPLIES INCLUDING NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES, SO AS TO PROVIDE THAT SUCH SERVICES ARE EXEMPT FROM THE SALES TAX IN THE MANNER PROVIDED IN SECTION
Rep. ROBINSON moved to adjourn debate upon the Bill.
Rep. WILKES moved to table the motion to adjourn debate
Rep. WILKES demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was tabled by a division vote of 45 to 21.
Rep. HUTSON proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5864HTC.96), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . A. The State Election Commission shall conduct a statewide referendum on November 5, 1996, on the question of raising the sales tax in order to provide tax relief. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the Governor, the Speaker of the House, and the President of the Senate. The referendum question must read substantially as follows:
"Do you favor raising the statewide sales, use, and casual excise tax rate from five to six percent and to set aside the proceeds of the additional one percent plus additional amounts derived from reduced government spending to provide in equal proportions for property tax relief for motor vehicles, property tax relief on owner-occupied residential property, and to reduce state income taxes on individuals sixty-five and over with the excess above what is required to be used to provide additional relief for the other categories?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."
B. This section takes effect upon approval by the Governor./
Renumber sections.
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. WILKES raised the Point of Order that Amendment No. 1 was out of order as it was not germane.
Rep. HUTSON argued contra the Point in stating that it had the same substantial effect as the Bill itself and it would put to a referendum the increase of the sales tax by a penny in order to reduce property tax and other taxes.
The SPEAKER stated, citing Rule 9.3, that the Bill dealt with deleting the sales tax on dry cleaning services and the amendment dealt with having a statewide referendum on increasing sales tax statewide for property tax relief and he sustained the Point of Order and ruled the amendment out of order.
Rep. WILKES explained the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cain Carnell Cato Chamblee Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Easterday Fleming Fulmer Gamble Harrell Harris, J. Harrison Harvin Haskins Hines, J. Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Lloyd Loftis Mason McAbee McCraw McElveen McTeer Meacham Neal Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer
Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Thomas Townsend Tripp Tucker Vaughn Waldrop Wells Whatley Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Dantzler Marchbanks Moody-Lawrence Trotter
So, the Bill was read the second time and ordered to third reading.
I oppose H. 4631 because in my opinion, it is special interest legislation. I voted for it on second reading purely for parliamentary reasons. I acknowledge that there are inequities in our sales tax structure. However, H. 4631 does not address these inequities. Rather, it is an attempt to benefit a small part of the service sector of our economy.
Rep. ALFRED B. ROBINSON, JR.
The following Bill was taken up.
S. 21 -- Senator Mescher: A BILL TO AMEND CHAPTER 29, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION
Rep. KELLEY moved to continue the Bill, which was agreed to.
Printed Page 3340, May 7
| Printed Page 3360, May 7
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