Medical Group Practice Can Once Again Employ PT's And PTA's

In December 2016, the South Carolina Supreme Court denied a petition for re-hearing, resolving a long standing dispute and allowing medical practices to employ directly physical therapists ("PTs") and physical therapist assistants ("PTAs").

In Joseph v. S.C. Board of Physical Therapy Examiners, 417 S.C. 436, 790 S.E.2d 763 (2016), a physical therapist and two physicians filed suit seeking a judicial declaration overturning a previous decision by the Supreme Court in Sloan v. S.C. Board of Physical Therapy Examiners, which prohibited employment of physical therapists by medical practices. The plaintiffs also sought to overturn a 2011 position statement by the South Carolina Board of Physical Therapy Examiners ("PT Board") regarding the referral of physical therapy patients within a physical therapy practice.

In a split decision, the Supreme Court specifically overruled its decision in Sloan and declared unconstitutional the 2011 Position Statement from the PT Board. The practical impact is that medical practices can now employ PTs and PTAs on the same terms as they employ occupational therapists, speech pathologists and nurse practitioners. The Supreme Court found that the Sloan decision deprived physicians of the right to practice medicine in the best interests of their patients.

Far from unanimous, the decision of the court demonstrates a power play within the court and between the court and other branches of government. Only two justices agreed that the 2011 Position Statement was unconstitutional, while a third agreed that the statement was improper, but not on constitutional grounds. Two justices dissented on the grounds that the plaintiffs did not have proper standing to legally raise either issue. The majority and concurring opinions found significant fault with...

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