Sources: Deal in works to allow physicians to continue to employ physical therapists

ROBERT W. DALTON, Staff Writer

COLUMBIA -- A bill designed to allow physicians to continue employing physical therapists bogged down in the Legislature Thursday, but a deal in the works would preserve the practice.

The state Board of Physical Therapy, the licensing agency for the about 5,000 physical therapists in South Carolina, about a year ago adopted a policy barring therapists from working for physicians.

The change came about a week after Attorney General Henry McMaster issued an opinion that the state Physical Therapy Practice Act forbids therapists from working for a physician who referred a patient to them.

Several individuals and agencies sued, but in February a judge sided with the board. A 90-day restraining order prevents the board from taking any action against physician-employed therapists until May.

The ban would impact about 300 physical therapists statewide.

Bills introduced in the state Senate and House would have prevented the ban.

The Senate version remains in committee. The House failed to approve the bill Thursday, missing the May 1 deadline for legislation to be sent to the Senate this year without requiring a two-thirds vote of the Senates to approve it.

The deal on the table would allow physicians who currently employ physical therapists to continue doing so, according to sources familiar with the negotiations.

They would not be allowed to add additional therapists.

Physicians say allowing them to employ therapists in their offices allows them to control outcomes and provides convenience to patients. Independent physical therapists say it's a conflict of interest that allows doctors to have an additional revenue stream.

"Both sides are finally coming together to find some middle ground," said Rep. Brian White, R-Anderson, who was helping negotiate the deal Thursday.

Jim Stoker, a physical therapist and vice president of the South Carolina chapter of the American Physical Therapy Association, declined to comment on the specifics of the compromise until it's finalized.

That could happen as soon as Tuesday, the next day the Legislature meets.

"We're trying to do everything we can to represent the wishes of our members and protect the consumers of South Carolina," Stoker said.

Jeff Thordahl, a lobbyists for the physicians, also declined to comment on the specifics of the compromise.

"If the deal holds, physical therapists and physical therapist assistants employed by physicians will be able to remain in those jobs," Thordahl said. "If the deal holds."

Robert W. Dalton can be reached at 562-7274 or bob.dalton@shj.com.