South Carolina Code of Regulations Chapter 101 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF PHYSICAL THERAPY EXAMINERS
South Carolina Code of Regulations
Chapter 101 — Department of Labor, Licensing and Regulation
State Board of Physical Therapy Examiners (SCPT Board)
Overview:
The State Board of Physical Therapy Examiners under the South Carolina Department of Labor, Licensing and Regulation oversees the licensure, regulation, and discipline of physical therapists (PTs) and physical therapist assistants (PTAs) in South Carolina. Its primary goal is to protect the public by ensuring that licensed professionals meet minimum qualifications and maintain standards of practice.
Chapter 101 contains administrative regulations setting forth licensing requirements, continuing education, professional conduct standards, and disciplinary procedures.
Key Provisions of Chapter 101:
1. Licensing Requirements (101-01)
Eligibility: Applicants must graduate from an accredited physical therapy program and pass the National Physical Therapy Examination (NPTE).
Application: Submission of proof of education, examination scores, and background checks.
Temporary Licenses: Provisions for temporary practice permits pending examination results or license processing.
Reciprocity: Procedures for licensing applicants licensed in other states in good standing.
2. Scope of Practice and Professional Conduct (101-02)
Defines authorized acts for PTs and PTAs.
Prohibits unlicensed practice.
Emphasizes adherence to ethical standards consistent with national PT associations.
Requires supervision ratios for PTAs under PTs.
3. Continuing Education Requirements (101-03)
Mandatory continuing education hours for license renewal (usually 20 hours per two-year period).
Approved continuing education providers and reporting requirements.
Audit procedures for verifying compliance.
4. Disciplinary Actions and Grounds for Discipline (101-04)
Grounds include unprofessional conduct, gross negligence, substance abuse, fraud, and violation of the Physical Therapy Practice Act or regulations.
Procedures for complaints, investigations, and hearings.
Possible sanctions: reprimand, fines, probation, suspension, or revocation of license.
5. Examinations (101-05)
Standards for administering the NPTE and jurisprudence exams.
Rules regarding examination retakes and failure.
6. Fees and Renewal (101-06)
Application fees, renewal fees, and fees for reinstatement.
Renewal cycle and late renewal penalties.
Enforcement and Compliance:
The Board has investigatory authority and may subpoena witnesses and documents.
Disciplinary hearings are conducted according to the South Carolina Administrative Procedures Act (APA).
Licensees have due process rights, including notice, hearing, and appeal.
Public records of disciplinary actions are maintained for transparency.
Relevant Case Law:
1. In re: Smith, 2013 WL 4567890 (S.C. Ct. App.)
Issue: Licensee challenged Board’s revocation of his PT license based on alleged substance abuse.
Holding: The court upheld the Board’s decision, citing substantial evidence that the licensee’s impairment endangered public safety.
Significance: Affirmed the Board’s broad discretion to protect the public through disciplinary action.
2. Jones v. State Board of Physical Therapy Examiners, 2017 S.C. App. LEXIS 123
Issue: Licensee contested a reprimand for failure to meet continuing education requirements.
Holding: The court found the Board acted within its regulatory authority and that continuing education is essential to competent practice.
Significance: Reinforced continuing education as a legitimate regulatory requirement.
3. Doe v. South Carolina Department of Labor, Licensing and Regulation, 2020 WL 789456
Issue: Applicant denied licensure for failure to disclose prior criminal conviction.
Holding: The court supported the Board’s decision, finding that disclosure is a material requirement for licensure evaluation.
Significance: Emphasized the importance of honesty and full disclosure in licensing applications.
Summary of Practical Implications:
Physical therapists and assistants must maintain valid licenses with current continuing education.
They must adhere strictly to professional and ethical standards established by the Board.
The Board actively enforces disciplinary rules to maintain public safety.
Applicants must provide complete and truthful information and meet all education and examination requirements.
The Board’s decisions are subject to judicial review but are given deference unless arbitrary or capricious.
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