South Carolina Code of Laws
Chapter 45 - Physical Therapists
Section 40-45-220. Qualifications of applicants for licensure; burden to demonstrate eligibility; background checks.

(A)(1) To be eligible for licensure as a physical therapist an applicant must:
(a)(i) be a graduate of a physical therapy educational program approved by the board;
(ii) pass an examination administered or approved by the board; and
(iii) speak the English language as a native language or demonstrate an effective proficiency of the English language in the manner prescribed by and to the satisfaction of the board; or
(b)(i) provide satisfactory evidence that his or her education is equivalent to the requirements of physical therapists educated in United States educational programs as determined by the board. If the board determines that an applicant's education is not equivalent, it may require completion of additional course work before proceeding with the application process;
(ii) speak the English language as a native language or demonstrate an effective proficiency of the English language in the manner prescribed by and to the satisfaction of the board;
(iii) pass an examination administered or approved by the board;
(iv) submit evidence satisfactory to the board on a form approved by the board of not less than one thousand clinical practice hours under the on-site supervision of a licensed physical therapist in this State or in a state with licensure requirements equal to or more stringent than this State.
(2) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for initial licensure as a physical therapist, the department may require 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.
(B)(1) To be eligible for licensure as a physical therapist assistant an applicant must:
(a) be a graduate of a physical therapist assistant program approved by the board;
(b) pass an examination administered or approved by the board; and
(c) speak the English language as a native language or demonstrate an effective proficiency of the English language in the manner prescribed by and to the satisfaction of the board.
(2) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for initial licensure as a physical therapist assistant, the department may require 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.
(C) The burden is upon the applicant to demonstrate to the satisfaction of the board and in the manner prescribed by the board that the applicant has the qualifications and is eligible for licensure.
HISTORY: 1998 Act No. 360, Section 1; 2021 Act No. 6 (S.287), Section 1, eff March 15, 2021.

Editor's Note
Prior Laws:1962 Code Section 56-1344; 1952 (47) 1967; 1971 (57) 405; 1978 Act No. 442, Section 1; 1982 Act No. 413, Section 10; 1976 Code Section 40-45-100.
Effect of Amendment
2021 Act No. 6, Section 1, redesignated (A) as (A)(1), redesignated the rest of (A) accordingly, and added (2); and redesignated (B) as (B)(1), redesignated the rest of (B) accordingly, and added (2).

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 45 - Physical Therapists

Section 40-45-5. Application of chapter; conflicts of law.

Section 40-45-10. Board of Physical Therapy Examiners; creation and purpose; membership.

Section 40-45-20. Definitions.

Section 40-45-30. Required licenses; practice while license suspended or revoked; practice without license; penalties.

Section 40-45-50. Administrative and fiscal responsibilities of board to be provided by Department of Labor, Licensing and Regulation; establishment of fees.

Section 40-45-60. Adoption of rules and regulations; seal.

Section 40-45-70. Additional powers and duties of board.

Section 40-45-80. Investigation of complaints and violations; advisors.

Section 40-45-90. Evidence authorized to be collected for investigative purposes.

Section 40-45-100. Restraining orders and other equitable relief.

Section 40-45-110. Refusal to grant licenses; suspensions, revocations, or other restrictions; grounds; mental and physical exams allowed; evidentiary use of records; opportunity to demonstrate ability to practice.

Section 40-45-115. Jurisdiction of the board.

Section 40-45-120. Board authority to take disciplinary actions and impose civil penalties.

Section 40-45-130. Grounds for denial or restrictions of license may be same as for disciplinary action.

Section 40-45-140. Denial of license based on prior criminal record.

Section 40-45-150. Voluntary surrender of license by licensee being investigated.

Section 40-45-160. Appeal.

Section 40-45-170. Costs of investigation and prosecution; authority to require payment by violator.

Section 40-45-180. Collection and enforcement provisions for costs and fines.

Section 40-45-190. Confidentiality of proceedings and communications.

Section 40-45-200. Violations of chapter; submission of false information to the board; penalty.

Section 40-45-210. Injunctive relief.

Section 40-45-220. Qualifications of applicants for licensure; burden to demonstrate eligibility; background checks.

Section 40-45-230. Notarized application form; fee; mastery of English language; submission of transcripts; accommodations for disabled applicants; time period for completion of process; examination requirements.

Section 40-45-240. Licensure without examination.

Section 40-45-250. Time period licenses are valid; renewals, fees, and penalties; continuing education requirements; inactive status.

Section 40-45-260. Certificate of licensure; provisional licenses; restrictions; limit on attempts to pass licensure examination.

Section 40-45-270. Persons exempt from licensure requirement.

Section 40-45-280. Physical therapy records; responsibility for records; contents; discharge notes.

Section 40-45-290. Physical therapy aides; permissible duties; restrictions.

Section 40-45-300. Delegation and supervision of physical therapy tasks; responsibility for care; supervisor to be approved by board.

Section 40-45-310. Construction of chapter; authority not granted to practice other forms, branches, or methods of healing.

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.

Section 40-45-330. Severability.

Section 40-45-510. Purpose of compact.

Section 40-45-520. Definitions.

Section 40-45-530. State participation in the compact.

Section 40-45-540. Compact privilege.

Section 40-45-550. Active duty military personnel or their spouses.

Section 40-45-560. Adverse actions.

Section 40-45-570. Establishment of the Physical Therapy Compact Commission.

Section 40-45-580. Data system.

Section 40-45-590. Rulemaking.

Section 40-45-600. Oversight, dispute resolution, and enforcement.

Section 40-45-610. Date of implementation of the interstate commission for physical therapy practice and associated rules, withdrawal, and amendment.

Section 40-45-620. Construction and severability.