Allen SLOAN, M.D.; Doctor's Care, P.A.; Barry E. Fitch, P.T.; Jerry O'Reilly, P.T.A.; Oaktree Medical Centre, P.C.; FirstChoice Healthcare, P.C.; Southern Orthopaedic Sports Medicine, LLC; and South Carolina Medical Association, Plaintiffs,
Of Whom Doctor's Care, P.A.; Barry E. Fitch, P.T.; Jerry O'Reilly, P.T.A.; Oaktree Medical Centre, P.C.; FirstChoice Healthcare, P.C.; and Southern Orthopaedic Sports Medicine, LLC, are, Appellants,
v.
SOUTH CAROLINA BOARD OF PHYSICAL THERAPY EXAINERS; South Carolina Chapter, American Physical Therapy Association; and the Attorney General of the State of South Carolina, Respondents, and
South Carolina Association of Medical Professionals and South Carolina Orthopaedic Association, Appellants,
v.
South Carolina Board of Physical Therapy Examiners, Respondent.
Supreme Court of South Carolina.https://leagle.com/images/logo.png
Heard June 7, 2006.
Decided September 25, 2006.
Rehearing Denied November 13, 2006.
Attorney(s) appearing for the Case
James G. Long, III, and Manton M. Grier, Jr., both of Nexsen Pruet Adams Kleemeier, L.L.C., of Columbia, for Appellants Doctors Care, P.A.; Barry E. Fitch, P.T.; Jerry O'Reilly, P.T.A.; Oaktree Medical Centre, P.C.; FirstChoice Healthcare, P.C.; and Southern Orthopaedic Sports Medicine, LLC.
Stephen P. Bates and Mary Margaret Hyatt, both of McAngus, Goudelock & Courie, L.L.C., of Columbia, for Appellants South Carolina Association of Medical Professionals and South Carolina Orthopaedic Association.
Monteith P. Todd of Sowell Gray Stepp & Laffitte, L.L.P., of Columbia, for Respondent South Carolina Board of Physical Therapy Examiners.
R. Bruce Shaw and Alice V. Harris, both of Nelson Mullins Riley & Scarborough, L.L.P., of Columbia, for Respondent South Carolina Chapter, American Physical Therapy Association.
Henry D. McMaster, T. Stephen Lynch, Robert D. Cook, and C. Havird Jones, all of the South Carolina Office of Attorney General, of Columbia, for Respondent Attorney General of the State of South Carolina.
Charles E. Carpenter, Jr., and Carmen V. Ganjehsani, both of Richardson, Plowden, Carpenter & Robinson, P.A., of Columbia, for Amicus Curiae American Association of Orthopaedic Surgeons.
William J. Watkins, Jr., and Sandra L.W. Miller, both of Womble Carlyle Sandridge & Rice, L.L.C., of Greenville, for Amicus Curiae William Davis, Barry Cohen, Bruce Carlson, and George Todd.
Supreme Court of South Carolina.
Justice BURNETT:
In this appeal, we are asked to decide the novel issue of whether a physical therapist in South Carolina is statutorily prohibited from working as an employee of a physician who refers patients to the physical therapist for services.
FACTUAL AND PROCEDURAL BACKGROUND
The arrangement at issue, known within the medical profession as a physician-owned physical therapy service, or POPTS...
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