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.Amended by 2021 S.C. Acts, Act No. 6 (SB 287),s 1, eff. 3/15/2021.1998 Act No. 360, Section 1. 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.