reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-90. Permit requirements for applicants; permits not transferrable or assignable.

(A) To obtain a permit, an applicant shall:
(1) submit an application in the form prescribed by the Board of Pharmacy at least forty-five days before the opening date of the facility;
(2) pass an inspection conducted by inspectors of the Board of Pharmacy or a pharmacist designee; and
(3) pay all required fees.
(B) Each facility shall apply individually and obtain a separate permit for each location.
(C) A permit issued by the board pursuant to this chapter is not transferable or assignable and expires annually on June thirtieth.
(D) A permit renewal application, including the required fee, must be submitted to the board before June first. If not postmarked before June first, a penalty of fifty dollars must be assessed. For permits not renewed by the expiration date, the board may charge an additional ten dollars a day until the permit is reinstated. A permit which has not been renewed before July first is a lapsed permit. A permit holder who allows a site to operate with a lapsed permit is in violation of Section 40-43-83.
(E) Upon the occurrence of any of the following, an existing permit is void and a new permit must be applied for:
(1) change of ownership:
(a) any change of ownership in the case of a sole proprietorship;
(b) a gain or loss of a partner in the case of a partnership;
(c) a change of ownership of fifty percent or more of stock in the case of a corporation;
(2) change of name; or
(3) change of location from one city to another.
HISTORY: 1998 Act No. 366, Section 1; 2002 Act No. 314, Section 9.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-91. Reports to Board of Pharmacy regarding thefts, convictions, changes in ownership or pharmacy employment, disasters, and accidents; return of permit; penalty for failure to comply.

(A) A permit holder shall report to the Board of Pharmacy within thirty working days of the discovery of the occurrence of:
(1) theft or loss of drugs or devices; or
(2) conviction of any employee of any state or federal drug law.
(B) All permit holders shall report to the Board of Pharmacy within ten working days of the discovery of the occurrence of any of the following:
(1) permanent closing;
(2) change of ownership, management, location, consultant pharmacists, or pharmacist-in-charge of a pharmacy;
(3) change in employment of pharmacists or pharmacy technicians within a pharmacy permitted by the board;
(4) disasters, accidents, destruction, or loss of records required to be maintained by state or federal law.
(C) Upon permanent closing a permittee shall return the permit to the board within thirty days.
(D) The board may assess a civil penalty of not more than one hundred dollars upon any individual who fails to comply with the rules as provided in this section.
(E) Any currently licensed pharmacist or pharmacy technician who changes his mailing address must notify the board in writing within ten days listing his name, license or registration number, and new mailing address.
(F) When a licensed pharmacist in the employ of or in charge of the pharmacy duties of a permitted facility within this State leaves the employ of or ceases to have charge of the pharmacy duties of the permitted facility, he shall notify the board in writing within ten days of the change, giving the name and address of the permitted facility at which he was last employed. When a licensed pharmacist or registered pharmacy technician within this State makes any change in employment from one permitted facility to another, he shall notify the board of the change within ten days, listing the name and address of the permitted facility at which he was last employed and of the facility to which he expects to move.
HISTORY: 1998 Act No. 366, Section 1; 2002 Act No. 314, Section 10.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-140. Grounds for suspension, revocation, denial, or refusal of board to renew permit or imposition of disciplinary action; penalties for persons distributing or delivering drugs or devices not in accordance with this chapter.

(A)(1) The board may suspend, revoke, deny, or refuse to renew the permit of a permittee or impose disciplinary action authorized by this chapter for:
(a) violations of any of the provisions of this chapter or any regulations promulgated pursuant to this chapter;
(b) retaining as an employee a person who wilfully or habitually violates any of the state or federal laws applicable to a permitted facility or its operation.
(2) A person who distributes or delivers drugs or devices to a person not permitted in accordance with this chapter is subject to a fine to be imposed by the board not to exceed one thousand dollars for each offense in addition to such other disciplinary action the board may take under this chapter. Each violation constitutes a misdemeanor punishable by a fine not to exceed five thousand dollars or imprisonment not to exceed one year, or both.
(3) Facilities requiring permits may not operate unless a permit has been issued by the board.
(4) Except where otherwise allowed by law, it is unlawful for a manufacturer or a wholesale distributor to distribute or deliver drugs or devices to any person in this State not permitted under this chapter.
(a) conviction for a violation of any federal, state, or local law relating to the practice of pharmacy, drug samples, wholesale or retail drug or device distribution, or illegal use of or distribution of controlled substances;
(b) the furnishing of false or fraudulent material in any application made in connection with drug or device manufacturing or distribution;
(c) suspension or revocation by federal, state, or local government of any permit or license currently or previously held by the applicant for the manufacture or distribution of any drugs or devices, including controlled substances;
(d) obtaining remuneration by fraud, misrepresentation, or deception;
(e) dealing with drugs or devices that they know or should have known are stolen drugs or devices.
HISTORY: 1998 Act No. 366, Section 1.
Editor's Note
Prior Laws:1925 (34) 32; 1932 Code Section 5174; 1942 Code Section 5174; 1952 Code Section 56-1322; 1962 Code Section 56-1322; 1981 Act No. 120, Section 5; 1976 Code Section 40-43-260.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-150. Procedures for investigations, hearings, injunctive actions, and disciplinary actions; voluntary surrender of license; appeal.

(A) Investigations and hearings must be conducted in accordance with the provisions of Section 40-1-80.
(B) Restraining orders and cease and desist orders shall be issued in accordance with the provisions of Section 40-1-100.
(C) Upon determination by the board that one or more of the grounds for disciplining a licensee or permittee exists, as provided for in Section 40-1-110, the board may, in addition to the actions provided for in Section 40-1-120, impose a fine not to exceed an amount set by the board in regulation.
(D) A licensee or permittee who is under investigation for any of the grounds provided for in Section 40-1-110 for which the board may take disciplinary action must voluntarily surrender his license or permit to the board in accordance with Section 40-1-150.
(E) A person aggrieved by an action of the board may seek review of the decision in accordance with Section 40-1-160.
HISTORY: 1998 Act No. 366, Section 1; 2000 Act No. 340, Section 6.
Editor's Note
Prior Laws:1925 (34) 32; 1932 Code Section 5174; 1942 Code Section 5174; 1952 Code Section 56-1322; 1962 Code Section 56-1322; 1981 Act No. 120, Section 5; 1976 Code Section 40-43-260.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-160. Unlawful practice of pharmacy following hearing; fine; penalty.

(A) An individual who, after a hearing, shall be found by the board to have unlawfully engaged in the practice of pharmacy is subject to a fine to be imposed by the board not to exceed an amount set by the board in regulation for each offense.
(B) Each violation of this chapter or the regulations promulgated under this chapter pertaining to unlawfully engaging in the practice of pharmacy shall also constitute a misdemeanor and, upon conviction, is punishable as provided in Section 40-1-210.
HISTORY: 1998 Act No. 366, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-170. State of Emergency; prerequisites to emergency refills; dispensing of medications by pharmacists not licensed in this State.

(A) When the Governor issues a "State of Emergency":
(1) A pharmacist may work in the affected county and may dispense a one-time emergency refill of up to a thirty-day supply of a prescribed medication if:
(a) the pharmacist has all prescription information necessary in order to accurately refill the prescription;
(b) in the pharmacist's professional opinion the medication is essential to the maintenance of life or to the continuation of therapy;
(c) the pharmacist reduces the information to a written prescription marked 'Emergency Refill', files the prescription as required by law, and notifies the prescribing physician within fifteen days of the emergency refill; and
(d) the prescription is not for a controlled substance.
(2) A pharmacist not licensed in South Carolina but currently licensed in another state, may in a state of emergency dispense prescription medications in those affected counties without being licensed in South Carolina during the time that a state of emergency exists if:
(a) the pharmacist has some type of identification to verify current licensure in another state and;
(b) the pharmacist is engaged in a legitimate relief effort during an emergency situation.
(B) This disaster preparedness ends with the state of emergency.
HISTORY: 1998 Act No. 366, Section 1; 1999 Act No. 76, Section 13; 2018 Act No. 187 (S.506), Section 1, eff May 15, 2018.
Effect of Amendment
2018 Act No. 187, Section 1, in (A), in (1), substituted "thirty-day supply" for "fifteen-day supply", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-180. Construction of chapter; third party payors not required to provide service or pay for services provided for in this chapter.

Nothing in this chapter may be construed to require a health maintenance organization, a self-funded plan, an accident and health insurer, or any other third party payor to provide services or to pay for services provided for in this chapter.
HISTORY: 1998 Act No. 366, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-200. Joint Pharmacist Administered Vaccines Committee; meetings, quorum, and chairperson; duties of committee.

(A) There is created a Joint Pharmacist Administered Vaccines Committee as a committee to the Board of Medical Examiners which consists of seven members with experience regarding vaccines. The committee is comprised of two physicians selected by the Board of Medical Examiners, two pharmacists selected by the Board of Pharmacy, and two advanced practice nurse practitioners selected by the Board of Nursing. One member of the Department of Health and Environmental Control designated by the director of the department also shall serve on the committee. Members of the committee may not be compensated for their service on the board and may not receive mileage, per diem, and subsistence as otherwise authorized by law for members of state boards, committees, and commissions.
(B) The committee shall meet at least once annually and at other times as may be necessary. Five members constitute a quorum for all meetings. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairperson to serve for a one year term.
(C) The committee shall assist and advise the Board of Medical Examiners in determining whether a specific vaccine is appropriate for administration by a pharmacist without a written order or prescription of a practitioner pursuant to Section 40-43-190. For a specific vaccine recommended by the committee to the Board of Medical Examiners, the committee also must submit a proposed written protocol for the purpose of authorizing pharmacists to administer the vaccine as authorized by Section 40-43-190. The committee must submit its initial recommendations to the board no later than four months after the passage of this act, and periodically thereafter as determined by the committee.
HISTORY: 2010 Act No. 224, Section 1, eff July 1, 2010; 2015 Act No. 29 (S.413), Section 2, eff June 1, 2015.
Effect of Amendment
2015 Act No. 29, Section 2, in (A), substituted "Joint Pharmacist Administered Vaccines Committee" for "Joint Pharmacist Administered Influenza Vaccines Committee", deleted "influenza" before "vaccines" at the end of the first sentence, and substituted "director" for "commissioner" in the third sentence; and rewrote (C).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-210. Definitions.

As used in this chapter:
(1) "Administer" has the same meaning as in Section 40-43-30.
(2) "Department" means the Department of Labor, Licensing and Regulation.
(3) "Dispense" has the same meaning as in Section 40-43-30.
(4) "Injectable hormonal contraceptive" means a drug composed of a hormone or a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that a practitioner administers to a patient by injection. "Injectable hormonal contraceptive" does not include any drug intended to terminate a pregnancy.
(5) "Patient counseling" has the same meaning as in Section 40-43-30.
(6) "Pharmacist" has the same meaning as in Section 40-43-30.
(7) "Practitioner" has the same meaning as in Section 40-47-20.
(8) "Prescriber" means a physician licensed pursuant to Chapter 47, Title 40; an advanced practice registered nurse licensed pursuant to Chapter 33, Title 40 and prescribing in accordance with the requirements of that chapter; or a physician assistant licensed pursuant to Article 7, Chapter 47, Title 40 and prescribing in accordance with the requirements of that article.
(9) "Self-administered hormonal contraceptive" means a drug composed of a hormone or a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that the patient to whom the drug is prescribed may administer to himself. "Self-administered hormonal contraceptive" includes an oral hormonal contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch. "Self-administered hormonal contraceptive" does not include any drug intended to terminate a pregnancy.
HISTORY: 2022 Act No. 210 (S.628), Section 2, eff November 16, 2022.
Editor's Note
2022 Act No. 210, Sections 1, 4, and 6, provide as follows:
"SECTION 1. This act shall be referred to as the 'Pharmacy Access Act'."
"SECTION 4. The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol pursuant to Section 40-43-240 not later than six months after the passage of this act."
"SECTION 6. Except as otherwise specifically provided, this act takes effect upon the issuance of a written joint protocol pursuant to SECTION 4 of this act."
The written joint protocol was issued on November 16, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-230. Pharmacists permitted to dispense self-administered hormonal contraceptives in certain circumstances.

(A) A person licensed under the South Carolina Pharmacy Practice Act who is acting in good faith and exercising reasonable care as a pharmacist and who is employed by a hospital or a pharmacy that is permitted by this State may dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive pursuant to a standing order by a prescriber to a patient who is:
(1) eighteen years of age or older; or
(2) under eighteen years of age if the person has evidence of a previous prescription from a practitioner for a self-administered hormonal contraceptive or an injectable hormonal contraceptive.
(B) Nothing in this section requires a pharmacist to dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive. Nothing in this article shall be construed to amend a pharmacist's duties to dispense or otherwise provide contraception prescribed by another provider.
HISTORY: 2022 Act No. 210 (S.628), Section 2, eff November 16, 2022.
Editor's Note
2022 Act No. 210, Sections 1, 4, and 6, provide as follows:
"SECTION 1. This act shall be referred to as the 'Pharmacy Access Act'."
"SECTION 4. The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol pursuant to Section 40-43-240 not later than six months after the passage of this act."
"SECTION 6. Except as otherwise specifically provided, this act takes effect upon the issuance of a written joint protocol pursuant to SECTION 4 of this act."
The written joint protocol was issued on November 16, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-250. Initial education requirement; continuing education.

(A) Prior to dispensing self-administered hormonal contraceptives or administering injectable hormonal contraceptives pursuant to Section 40-43-240, a pharmacist must have completed a certificate program that has been accredited by the American Council for Pharmacy Education or a similar health authority or professional body approved by the Board of Pharmacy and the Board of Medical Examiners, as specified in the joint protocol, that is program-specific to self-administered hormonal contraceptives or injectable hormonal contraceptives, that includes the application of the United States Medical Eligibility Criteria for Contraceptive Use, and that includes other Centers for Disease Control and Prevention guidance on contraception. To maintain eligibility, a pharmacist must complete at least one hour of continuing education per year that is offered by an entity approved by the Board of Medical Examiners and the Board of Pharmacy.
(B) An equivalent, curriculum-based training program completed on or after January 2021 in an accredited South Carolina pharmacy school satisfies the initial education requirement.
HISTORY: 2022 Act No. 210 (S.628), Section 2, eff November 16, 2022.
Editor's Note
2022 Act No. 210, Sections 1, 4, and 6, provide as follows:
"SECTION 1. This act shall be referred to as the 'Pharmacy Access Act'."
"SECTION 4. The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol pursuant to Section 40-43-240 not later than six months after the passage of this act."
"SECTION 6. Except as otherwise specifically provided, this act takes effect upon the issuance of a written joint protocol pursuant to SECTION 4 of this act."
The written joint protocol was issued on November 16, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-270. Limitations from liability and professional discipline.

(A) A prescriber who issues a standing prescription drug order in accordance with Section 40-43-260 is not liable for any civil damages for acts or omissions resulting from the dispensing of a self-administered hormonal contraceptive or the administering of an injectable hormonal contraceptive under this chapter.
(B) A pharmacist who dispenses a self-administered hormonal contraceptive or administers an injectable hormonal contraceptive in accordance with the provisions of this article is not as a result of an act or omission subject to civil or criminal liability or to professional disciplinary action.
HISTORY: 2022 Act No. 210 (S.628), Section 2, eff November 16, 2022.
Editor's Note
2022 Act No. 210, Sections 1, 4, and 6, provide as follows:
"SECTION 1. This act shall be referred to as the 'Pharmacy Access Act'."
"SECTION 4. The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol pursuant to Section 40-43-240 not later than six months after the passage of this act."
"SECTION 6. Except as otherwise specifically provided, this act takes effect upon the issuance of a written joint protocol pursuant to SECTION 4 of this act."
The written joint protocol was issued on November 16, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-5. Application of chapter; conflicts of law.

Unless otherwise provided in this chapter, Article 1, Chapter 1 applies to the regulation of physical therapists and physical therapist assistants; however, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-10. Board of Physical Therapy Examiners; creation and purpose; membership.

(A) There is created the State Board of Physical Therapy Examiners to license physical therapists and physical therapist assistants under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the public through regulation of professionals who identify, assess, and provide treatment for individuals with physical disabilities through the administration and enforcement of this chapter and any regulations promulgated under the chapter.
(B) The board consists of eleven members appointed by the Governor, seven of whom must be licensed physical therapists, with one from each congressional district, two of whom must be physical therapist assistants, and two from the general public. The South Carolina Physical Therapy Association, Inc. shall submit recommendations to the Governor of at least two names for each physical therapist and physical therapist assistant member. The Governor also shall consider nominations from any other individual, group, or association. The physical therapist and the physical therapist assistant member each must have had at least three years' experience before being appointed and while serving on the board be actively practicing in this State. Members shall serve terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
HISTORY: 1998 Act No. 360, Section 1; 2012 Act No. 222, Section 7, eff June 7, 2012.
Editor's Note
Prior Laws:1962 Code Section 56-1337; 1952 (47) 1967; 1971 (57) 405; 1982 Act No. 413, Section 4; 1993 Act No. 85, Section 2; 1976 Code Section 40-45-30.
2012 Act No. 222, Section 15, provides as follows:
"SECTION 15. Notwithstanding any other provision of law to the contrary, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires."
Effect of Amendment
The 2012 amendment added the subsection identifiers; and substituted "eleven" for "nine", "seven" for "six", and "two" for "one" in subsection (B).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-20. Definitions.

As used in this chapter:
(1) "Board" means the State Board of Physical Therapy Examiners.
(2) "On-site supervision" means supervision provided by a physical therapist or physical therapist assistant who must be:
(a) continuously on site and present in the department or facility where the supervisee is performing services;
(b) immediately available to assist the supervisee in the services being performed;
(c) maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to the supervisee.
(3) "Person" means an individual.
(4) "Physical therapist" means a person who has met all the conditions of this chapter and is licensed in this State to practice physical therapy.
(5) "Physical therapist assistant" means a person who is licensed by the board to assist a physical therapist in the practice of physical therapy and whose activities are supervised and directed by a physical therapist whose license is in good standing.
(6) "Physical therapy" means the care and services provided by or under the direction and supervision of a licensed physical therapist.
(7) "Physical therapy aide" means a nonlicensed person who helps the physical therapist or physical therapist assistant but whose duties do not require an understanding of physical therapy nor formal training in anatomical, biological, or physical sciences.
(8) "Student" or "physical therapy student" means an individual enrolled in a board-approved physical therapist or physical therapist assistant program while engaged in completing the clinical education requirement for graduation.
(9) "The practice of physical therapy" means the evaluation and treatment of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction, and pain from injury, disease, and any other bodily or mental condition and includes the administration, interpretation, documentation, and evaluation of physical therapy tests and measurements of bodily functions and structures; the establishment, administration, evaluation, and modification of a physical therapy treatment plan which includes the use of physical, chemical, or mechanical agents, activities, instruction, and devices for prevention and therapeutic purposes; and the provision of consultation and educational and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain. The use of roentgen rays and radium for diagnostic or therapeutic purposes and 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, and nothing in this chapter shall be construed to authorize a physical therapist to prescribe medications or order laboratory or other medical tests.
HISTORY: 1998 Act No. 360, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1336; 1952 (47) 1967; 1971 (57) 405; 1982 Act No. 413, Sections 2, 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-30. Required licenses; practice while license suspended or revoked; practice without license; penalties.

A person shall not engage in the practice of physical therapy without a license issued in accordance with this chapter. A person who practices as a physical therapist or as a physical therapist assistant without being licensed under this chapter or whose license has been suspended or revoked or who uses in connection with his name the words or letters "PT", "Licensed Physical Therapist", "Physical Therapist", "Physio Therapist", "Licensed Physical Therapist Assistant", "PTA", 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 licensed by the board is subject to the penalties provided for in this chapter.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-50. Administrative and fiscal responsibilities of board to be provided by Department of Labor, Licensing and Regulation; establishment of fees.

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
(B) The board shall establish fees in regulation.
(C) The board may direct applicants to pay an examination fee directly to a third party who has contracted to administer the examination.
(D) Fees are nonrefundable and may be prorated in order to comply with a biennial schedule.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-60. Adoption of rules and regulations; seal.

(A) The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter including, but not limited to, promulgation of regulations for the practice of physical therapy, determining the qualifications and requirements for licensure, establishing a code of ethics binding on persons licensed under or subject to this chapter, and establishing disciplinary procedures.
(B) The board may have and use an official seal bearing the words "State Board of Physical Therapy Examiners in South Carolina".
HISTORY: 1998 Act No. 360, Section 1.
Editor's Note
Prior Laws:1962 Code Sections 56-1339, 56-1340; 1952 (47) 1967; 1982 Act No. 413, Section 7; 1976 Code Section 40-45-50.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-80. Investigation of complaints and violations; advisors.

The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided in Section 40-1-80. Nonboard members may serve as advisors to provide professional expertise to inspectors or investigators.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-90. Evidence authorized to be collected for investigative purposes.

For the purpose of an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-100. Restraining orders and other equitable relief.

In addition to other remedies provided in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-120. Board authority to take disciplinary actions and impose civil penalties.

In addition to the sanctions the board may impose against a person pursuant to Section 40-45-110, the board may take disciplinary action against a person as provided in Section 40-1-120 and also may impose a civil penalty of not more than two thousand dollars for each violation of this chapter or of a regulation promulgated under this chapter, the total penalty not to exceed ten thousand dollars.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-130. Grounds for denial or restrictions of license may be same as for disciplinary action.

As provided in Section 40-1-130, the board may restrict or deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
HISTORY: 1962 Code Section 56-1347; 1952 (47) 1967; 1971 (57) 405; 1982 Act No. 413, Section 13; 1996 Act No. 224, Section 1; 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-150. Voluntary surrender of license by licensee being investigated.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-170. Costs of investigation and prosecution; authority to require payment by violator.

A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-180. Collection and enforcement provisions for costs and fines.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-200. Violations of chapter; submission of false information to the board; penalty.

A person who engages in the practice of or offers to engage in the practice of physical therapy in the State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license or who violates any other provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than ninety days, or both. Each violation is a separate offense.
HISTORY: 1998 Act No. 360, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1349.4; 1952 (47) 1967; 1971 (57) 405; 1982 Act No. 413, Section 17; 1976 Code Section 40-45-210.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-210. Injunctive relief.

The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-240. Licensure without examination.

(A) The board may license as a physical therapist or as a physical therapist assistant, without examination, on the payment of the applicable fee, an applicant who is a physical therapist or physical therapist assistant licensed under the laws of another state or territory, if the requirements for licensure in that state or territory were at the date of licensure equivalent to the requirements in effect at the time of application in this State.
(B) An applicant licensed in another state applying for licensure by endorsement must:
(1) submit a completed notarized application form;
(2) submit the applicable fee in the form of a check or money order;
(3) legal documentation indicating a name change, if applicable;
(4) have the official transcript sent directly to the board from the applicant's physical therapy school;
(5) submit an evaluation of educational credentials if a graduate of a nonapproved school;
(6) have the examination scores reported directly to the board from the Interstate Reporting Service or other recognized examination service;
(7) submit an official verification of a current license;
(8) submit proof that the applicant can speak, write, and be tested in the English language if English is not the native language of country of origin;
(9) submit evidence on a form approved by the board of one thousand clinical practice hours under the on-site supervision of a licensed physical therapist if the applicant is a graduate of a nonapproved school;
(10) when applying for initial licensure, submit to a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action. The results of these criminal records checks must not be shared outside the department.
HISTORY: 1998 Act No. 360, Section 1; 2021 Act No. 6 (S.287), Section 2, eff March 15, 2021.
Editor's Note
Prior Laws:1962 Code Section 56-1346; 1952 (47) 1967; 1964 (53) 2388; 1971 (57) 405; 1982 Act No. 413, Section 12; 1976 Code Section 40-45-120.
Effect of Amendment
2021 Act No. 6, Section 2, in (B), added (10).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-270. Persons exempt from licensure requirement.

The following are not required to be licensed:
(1) a "PT student" who is a student enrolled in a board-approved physical therapist program while engaged in completing the clinical education requirement for graduation under the on-site supervision of a physical therapist who is licensed to practice in this State;
(2) a "PTA" student who is a student enrolled in a board-approved physical therapist assistant program while engaged in completing the clinical education requirement for graduation under the on-site supervision of a physical therapist or physical therapist assistant who is licensed to practice in this State;
(3) a physical therapist or physical therapist assistant licensed in another state who is teaching or participating in special physical therapy education projects, demonstrations, or courses in this State;
(4) a physical therapist or physical therapist assistant solely employed by the United States Armed Services, United States Public Health Service, Veterans Administration, or another federal agency and practicing within the scope of employment.
HISTORY: 1998 Act No. 360, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1348.1; 1964 (53) 2388; 1971 (57) 405; 1982 Act No. 413, Section 15; 1984 Act No. 392; 1976 Code Section 40-45-150.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-280. Physical therapy records; responsibility for records; contents; discharge notes.

(A) A physical therapist is responsible for the physical therapy record of a patient.
(B) Only a licensed physical therapist or physical therapist assistant, provisional licensed physical therapist or physical therapist assistant, or student physical therapist or physical therapist assistant shall document in a physical therapy record.
(C) A physical therapy record consists of:
(1) the initial evaluation which is a written report signed and dated by the physical therapist performing the evaluation. An initial evaluation by a provisional licensed physical therapist must be reviewed, cosigned, and dated by the on-site supervising physical therapist;
(2) a plan of care developed by a licensed physical therapist, including:
(a) treatment to be rendered;
(b) frequency and duration of treatment;
(c) measurable goals.
(3) clinical notes that must be signed and dated by the person rendering treatment. All clinical notes written by a physical therapist student or physical therapist assistant student are to be reviewed, cosigned, and dated by the physical therapist or physical therapist assistant who is supervising the appropriate level student. Clinical notes written by a provisional physical therapist or a physical therapist assistant licensee must be reviewed, cosigned, and dated by the on-site supervising physical therapist every eighth treatment day or every sixty calendar days, whichever comes first;
(4) a discharge note which is a statement of the patient's status at the last treatment session as written, signed, and dated by the physical therapist or physical therapist assistant rendering service. All discharge notes written by a physical therapist student, physical therapist assistant student, and provisional licensed physical therapist or physical therapist assistant are to be reviewed, cosigned, and dated by the supervising physical therapist.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-290. Physical therapy aides; permissible duties; restrictions.

(A) A physical therapy aide may provide departmental support to the on-site physical therapist and physical therapist assistant in the following areas subject to guidelines established in regulations:
(1) transporting patients;
(2) preparing, cleaning, and maintaining the treatment area and equipment;
(3) preparing patients for treatment;
(4) attending to the personal needs of patients during treatment sessions;
(5) clerical and housekeeping activities.
(B) A physical therapy aide may not perform:
(1) an activity which requires licensure under this chapter;
(2) an activity which requires the exercise of the professional judgment of a physical therapist;
(3) the interpretation of referrals, screenings, assessments, evaluations, or reassessments;
(4) the development or modification of treatment plans or discharge plans.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-300. Delegation and supervision of physical therapy tasks; responsibility for care; supervisor to be approved by board.

(A) A physical therapist is professionally and legally responsible for patient care given by a physical therapist assistant, physical therapy aide, physical therapist student, or physical therapist assistant student under the physical therapist's supervision. A physical therapist may delegate to and supervise selected acts, tasks, or procedures which fall within the practice of physical therapy but do not exceed the education or training of a physical therapist assistant, physical therapy aide, physical therapist student, or physical therapist assistant student.
(B) A physical therapist assistant shall function under the supervision of a licensed physical therapist. A person licensed under this chapter as a physical therapist assistant shall perform duties only after the initial evaluation of the patient is conducted by a licensed physical therapist. A patient plan of care may not be altered without the prior written, dated, and signed approval of a licensed physical therapist. A patient must be reevaluated and the plan of care must be reapproved by a physical therapist licensed in this State every eighth treatment day or every sixty calendar days, whichever comes first. The board may establish in regulation the number of physical therapist assistants a physical therapist may concurrently supervise except in hospitals licensed by the Department of Health and Environmental Control which may determine their own staffing ratios.
(C) A physical therapist student shall function under the on-site supervision of a licensed physical therapist.
(D) A physical therapist assistant student and a physical therapy aide shall function under the on-site supervision of a licensed physical therapist or licensed physical therapist assistant. The physical therapist is ultimately responsible for the licensed physical therapist assistant, the student physical therapist assistant, and the physical therapy aide.
(E) A supervisor must be a licensed physical therapist or physical therapist assistant who has been approved by the board to supervise provisional licensees, students, and aides based on the supervisor's training and work experience, which must be relevant to the work of those under the supervision and must be sufficiently extensive to enable the supervisor to direct and evaluate the work of a supervisee.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-310. Construction of chapter; authority not granted to practice other forms, branches, or methods of healing.

Nothing in this chapter may be construed as authorizing a licensed physical therapist or any other person to practice medicine, surgery, osteopathy, homeopathy, chiropractic, naturopathy, magnetic healing, or any other form, branch, or method of healing as authorized by the laws of this State. Nothing in this chapter shall be construed to restrict, inhibit, or limit the practice of chiropractic as now practiced in this State and as taught by accredited schools or colleges of chiropractic. Nothing in this chapter shall be construed to restrict, inhibit, or limit the practice of licensed nurse practitioners, licensed physicians assistants, certified athletic trainers, licensed massage therapists, exercise physiologists, or personal trainers. Moreover, nothing in this chapter shall be construed to restrict, inhibit, or limit in any way the practice of dentistry pursuant to Chapter 15 of Title 40 or the practice of medicine pursuant to Chapter 47 of Title 40.
HISTORY: 1998 Act No. 360, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 45 - Physical Therapists › Section 40-45-320. Construction of chapter; rights to payment of certain health plan benefits; effect on contractual agreements requiring doctor's prescription for therapy services; effect on workers' compensation.

(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.
(C) Nothing contained in this chapter may be construed to affect the provisions of Title 42 of the South Carolina Code of Laws relating to workers' compensation.
HISTORY: 1998 Act No. 360, Section 1.