PRIOR PRINTER'S NO. 1641 PRINTER'S NO. 1678
No. 1363 Session of 1985
INTRODUCED BY LINTON, BOOK, RIEGER, LLOYD, AFFLERBACH, SEVENTY, DONATUCCI, ACOSTA, FATTAH AND MILLER, JUNE 4, 1985
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 11, 1985
AN ACT 1 Amending the act of October 10, 1975 (P.L.383, No.110), entitled 2 "An act relating to the practice of physical therapy," 3 further providing for the board, qualifications for licenses 4 and renewal thereof, registration of physical therapy 5 assistants and certification of athletic trainers; providing 6 penalties; and making an editorial change. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 2 of the act of October 10, 1975 10 (P.L.383, No.110), known as the Physical Therapy Practice Act, 11 is amended by adding a definition to read: 12 Section 2. Definitions.--The following definitions shall 13 apply, when used in this act, unless otherwise expressed 14 therein: 15 * * * 16 "Physical therapist assistant" shall mean a person who has 17 met all the requirements of this act and is registered as a 18 physical therapist assistant in accordance with this act. 19 * * *
1 Section 2. The act is amended by adding a section to read: 2 Section 2.1. State Board of Physical Therapy Examiners.--(a) 3 The board shall consist of nine members, all of whom shall be 4 residents of Pennsylvania. Five members shall be physical 5 therapists licensed to practice in this Commonwealth, each 6 having had at least five years of experience as a physical 7 therapist, three years of which must have immediately preceded 8 the appointment to the board. One member shall be a physical 9 therapist assistant currently registered with the board, except 10 that the initial appointee shall be listed with the board and 11 not be registered until the provisions of section 10 have been 12 implemented. Two members shall be representatives of the public. 13 One member shall be the Commissioner of Professional and 14 Occupational Affairs. The members of the board shall be 15 appointed by the Governor. 16 (b) Professional and public members appointed after the 17 expiration of the terms of current board members shall serve the 18 following terms: one physical therapist shall serve one year; 19 one physical therapist shall serve two years; one physical 20 therapist and one public member shall serve three years; and two 21 physical therapists, one physical therapist assistant and one 22 public member shall serve four years. Thereafter, professional 23 and public members shall serve four-year terms. No member may 24 serve more than two consecutive terms. A member may continue to 25 serve for a period not to exceed six months beyond the 26 expiration of his term, if a successor has yet to be duly 27 appointed and qualified according to law. 28 (c) Five members of the board shall constitute a quorum. The 29 board shall select, from among their number, a chairman, a vice 30 chairman and a secretary. 19850H1363B1678 - 2 -
1 (d) Each public and professional member of the board shall 2 be paid reasonable traveling, hotel and other necessary expenses 3 and per diem compensation at the rate of $60 for each day of 4 actual service while on board business. 5 (e) A member who fails to attend three consecutive meetings 6 shall forfeit his seat unless the Commissioner of Professional 7 and Occupational Affairs, upon written request from the member, 8 finds that the member should be excused from a meeting because 9 of illness or the death of an immediate family member. 10 (f) In the event that a member of the board dies or resigns 11 during the term of office, a successor shall be appointed in the 12 same way and with the same qualifications as set forth in 13 subsection (a) and shall hold office for the unexpired term. 14 Section 3. Sections 3, 6 and 7 of the act, amended April 4, 15 1984 (P.L.196, No.41), are amended to read: 16 Section 3. Powers and Duties of Board.--(a) [The board 17 shall elect annually from its membership a chairman and a vice- 18 chairman and shall select a secretary who need not be a member 19 of the board.] It shall be the duty of the board to pass upon 20 the qualifications of applicants for licensure as physical 21 therapists, registration as physical therapist assistants and 22 certification as athletic trainers, to conduct examinations, to 23 issue and renew licenses to physical therapists, registrations 24 to physical therapist assistants and certifications to athletic 25 trainers who qualify under this act, and in proper cases to 26 refuse to issue, suspend or revoke the license of any physical 27 therapist, registration of any physical therapist assistant, or 28 certification of any athletic trainer. The board may adopt rules 29 and regulations not inconsistent with law as it may deem 30 necessary for the performance of its duties and the proper 19850H1363B1678 - 3 -
1 administration of this law. The board is authorized and 2 empowered to appoint hearing examiners and to conduct 3 investigations and hearings upon charges for discipline of a 4 licensee, REGISTRANT or certificate holder or for violations of <-- 5 this act, and to cause, through the office of the Attorney 6 General, the prosecution and enjoinder of persons violating this 7 act. The board shall maintain a register listing the name of 8 every living physical therapist licensed to practice in this 9 State, every physical therapist assistant duly registered 10 pursuant to section 9.1 and every athletic trainer certified to 11 practice in this State, such individual's last known place of 12 business and last known place of residence, and the date and 13 number of the physical therapist's license or athletic trainer's 14 certification. 15 (b) The board shall submit annually to the Department of 16 State and to the House and Senate Appropriations Committees, 17 within 15 days of the date on which the Governor has submitted 18 his budget to the General Assembly, an estimate of the financial 19 requirements of the board for its administrative, investigative, 20 legal and miscellaneous expenses. 21 (c) The board shall submit annually a report to the 22 Professional Licensure Committee of the House of Representatives 23 and to the Consumer Protection and Professional Licensure 24 Committee of the Senate a description of the types of complaints 25 received, status of cases, board action which has been taken and 26 the length of time from the initial complaint to final board 27 resolution. 28 Section 6. Qualifications for License; Examinations; Failure 29 of Examinations; Licensure Without Examination; Issuing of 30 License; Foreign Applicants for Licensure; [Temporary License;] <-- 19850H1363B1678 - 4 -
1 Perjury.--(a) To be eligible for licensure as a physical 2 therapist, an applicant must be at least 20 years of age unless 3 otherwise determined by the board in its discretion, be of good 4 moral character, not be addicted to the habitual use of alcohol 5 or narcotics or other habit-forming drugs, and [has graduated 6 from] be a graduate of a school offering an educational program 7 in physical therapy as adopted by the board, which program has 8 been approved for the education and training of physical 9 therapists by the appropriate nationally recognized accrediting 10 agency. By the time of completion of the professional study of 11 physical therapy, a physical therapist must hold a minimum of a 12 baccalaureate degree from a regionally accredited institution of 13 higher education. In the case of those applicants who have 14 completed requirements prior to the first day of January, 1967, 15 but who may not technically or totally fulfill the above 16 requirements, the board at its discretion and by the majority 17 vote of all members present may accept evidence of satisfactory 18 equivalence. 19 (b) An applicant for licensure must pass[, to the 20 satisfaction of the board,] a written examination which shall 21 test the applicant's knowledge of the basic and clinical 22 sciences as they relate to physical therapy theory and physical 23 therapy procedures and such other subjects as the board may deem 24 necessary to test the applicant's fitness to practice physical 25 therapy. [Such examination may also include an oral examination 26 or practical examination or both at the discretion of the 27 board.] No license shall be granted unless an applicant has 28 attained passing scores established by the board TESTING AGENCY <-- 29 and published prior to the administration of the examination. 30 The examination shall be held within the Commonwealth of 19850H1363B1678 - 5 -
1 Pennsylvania twice a year at such time and place as the board 2 shall determine. 3 (c) In case of failure at the first examination, the 4 applicant for licensure shall have, after the expiration of six 5 months and within two years from the first failure, the 6 privilege of a second examination. [In case of failure in a 7 second examination, any further examinations shall be given at 8 the discretion of the board, but in any such case the applicant 9 must make a new application, and otherwise qualify under the 10 conditions in force at the time of the application for a third 11 or successive examinations.] The board may adopt regulations 12 governing the eligibility of applicants who have failed to pass 13 two examinations in order to be admitted to subsequent 14 examinations. 15 [(d) On payment to the board of a fee as set by regulation 16 and on submission of a written application on forms provided by 17 the board, the board shall issue a license without examination 18 to any person who is a licensed or otherwise registered as a 19 physical therapist by another state or territory of the United 20 States of America, or the District of Columbia and whose license 21 or registration is valid and in good standing; and further that 22 the requirements for license or registration, as the case may 23 be, in such state, territory, or district were or are 24 substantially equal to the requirements set forth in this act: 25 Provided, That such person has not taken and failed, one or more 26 times, the examination referred to in subsection (b), in which 27 case, the issuance of a license under this paragraph shall be at 28 the discretion of the board.] 29 (d.1) The board may grant licenses and registrations without 30 further examination to individuals from another state if the 19850H1363B1678 - 6 -
1 following conditions exist: 2 (1) Licensing or registration standards in the other state 3 are substantially the same as those of this act. 4 (2) Similar privileges are accorded persons licensed OR <-- 5 REGISTERED in this Commonwealth. 6 (3) The applicant holds a valid license or registration 7 issued by the other state. 8 (4) The applicant complies with the rules and regulations of 9 the board. 10 (e) The board shall issue a license to a physical therapist 11 who successfully establishes his eligibility under the terms of 12 this act and any person who holds a license pursuant to this 13 section may use the words physical therapist or licensed 14 physical therapist and he may use the letters LPT in connection 15 with his name or place of business to denote his licensure 16 hereunder. 17 (f) Foreign trained physical therapists who desire and apply 18 to be licensed as a physical therapist by the board shall, 19 before examination, furnish proof as to age, moral character, 20 and no addiction to the use of alcohol or narcotics or other 21 habit-forming drugs, and shall present proof indicating the 22 completion of educational requirements substantially equal to 23 those in subsection (a). In addition thereto, the foreign 24 trained applicant must complete, at the board's discretion, up 25 to one year of supervised clinical experience as prescribed by 26 the board prior to taking the examination for licensure. 27 [(g) Upon the submission of a written application on forms <-- 28 provided by it, the board shall also issue a temporary license 29 to a person who has applied for a license under the provisions 30 of subsection (a) and who is[, in the judgment of the board,] <-- 19850H1363B1678 - 7 -
1 eligible to take the examination provided for in subsection (b). 2 Such temporary license shall be available to an applicant with 3 respect to his application for a license under subsection (a)[, <-- 4 but the applicant may only use the temporary license while]. THE <-- 5 ISSUANCE BY THE BOARD OF A TEMPORARY LICENSE SHALL AUTHORIZE THE 6 PRACTICE OF PHYSICAL THERAPY OR PROVIDING SERVICES ONLY AS A 7 PHYSICAL THERAPIST ASSISTANT under the direct-ON-PREMISES <-- 8 supervision of a licensed physical therapist. Such temporary 9 license shall expire upon the failure of the first examination 10 and upon expiration the license must be surrendered to the board 11 except that the board may reissue such temporary license [in its <-- 12 discretion and] ONCE in accordance with rules and regulations to <-- 13 be established. 14 (h) [The granting or issuing of any temporary license or <-- 15 permit relating to the practice of physical therapy in the 16 Commonwealth for any reason other than as set forth in 17 subsection (g) shall be within the sole discretion of the board 18 subject to rules and regulations established by the board.] <-- 19 (i)] Any applicant who knowingly or willfully makes a false <-- 20 statement of fact in any application shall be subject to 21 prosecution for perjury. 22 Section 7. Renewal of License.--[(a)] Each license issued 23 under the provisions of this act shall be renewed biennially[, 24 except as provided in subsection (b)]. On or before November 1 25 of each renewal year, the board shall mail an application for 26 renewal of license to each person to whom a license was issued 27 or renewed during the current licensing period, which 28 application shall be mailed to the most recent address of said 29 person as it appears on the records of the board. Such person 30 shall complete the renewal application and return it to the 19850H1363B1678 - 8 -
1 board with a renewal fee before December 31 of the year in which 2 said application was received. Upon receipt of any such 3 application and fee, the board shall verify the accuracy of such 4 application and issue to the applicant a certificate of renewal 5 of license for the next licensing period as described above. The 6 renewal fee for each licensing period shall be set by 7 regulation. 8 [(b) If any person shall not so renew his or her license 9 such license shall automatically expire. A license which has 10 thus expired may, within three years of its expiration date, be 11 renewed on the payment to the board of the fee for each 12 licensing period or part thereof, pro rata, during which the 13 license was ineffective and the payment of a restoration fee set 14 by regulation. After said three years period such license shall 15 be renewed only by complying with the provisions in subsections 16 (a) and (b) of section 6 relating to obtaining an original 17 license.] 18 Section 4. The act is amended by adding sections to read: 19 Section 7.1. Reporting of Multiple Licensure.--Any licensed 20 physical therapist or registered physical therapist assistant of 21 this Commonwealth who is also licensed to practice physical 22 therapy or registered as a physical therapist assistant in any 23 other state, territory or country shall report this information 24 to the board on the biennial registration application. Any 25 disciplinary action taken in other states must be reported to 26 the board on the biennial registration application. Multiple 27 licensure or registration will be noted on the physical 28 therapist or physical therapist assistant's record and such 29 state, territory or country will be notified of any disciplinary 30 actions taken against said physical therapist or physical 19850H1363B1678 - 9 -
1 therapist assistant in this Commonwealth. 2 Section 9.1. Physical Therapist Assistant; Education and 3 Examination; Scope of Duties; Registration.--(a) To be eligible 4 to register with the board as a physical therapist assistant, an 5 applicant must be at least 20 years of age unless otherwise 6 determined by the board, be of good moral character, not be 7 addicted to the habitual use of alcohol or narcotics or other 8 habit-forming drugs, be a graduate of a physical therapist 9 assistant program, adopted by the board, which program has been 10 approved for the education and training for physical therapist 11 assistants by the appropriate nationally recognized accrediting 12 agency and be successful in passing an examination adopted by 13 the board, subject to rules and regulations established by the 14 board and administered in accordance with section 812.1 of the 15 act of April 9, 1929 (P.L.177, No.175), known as The 16 Administrative Code of 1929. No applicant shall be registered 17 unless he has attained passing scores established by the testing 18 agency and published prior to the administration of the 19 examination. 20 (b) In case of failure of the first examination, the 21 applicant for registration shall have, after the expiration of 22 six months and within two years from the first failure, the 23 privilege of a second examination. The board may adopt 24 regulations governing the eligibility of applicants who have 25 failed to pass two examinations in order to be admitted to 26 subsequent examinations. 27 (c) A physical therapist assistant while assisting a 28 licensed physical therapist in the practice of physical therapy 29 shall only perform patient-related physical therapy acts and 30 services that are assigned or delegated by and under the direct- 19850H1363B1678 - 10 -
1 on-premises supervision of a licensed physical therapist. Such 2 acts and services of a physical therapist assistant shall not 3 include evaluation, testing, interpretation, planning or 4 modification of patient programs. For purposes of this section 5 the term "direct-on-premises supervision" shall mean the 6 physical presence of a licensed physical therapist on the 7 premises who is immediately available to exercise supervision, 8 direction and control. 9 (d) Only a person who has properly registered as a physical 10 therapist assistant with the board, pursuant to the provisions 11 of this section and rules and regulations promulgated by the 12 board thereto, shall assist a licensed physical therapist in the 13 practice of physical therapy as a physical therapist assistant 14 and use the title "physical therapist assistant." 15 (e) The qualifications provision of this section shall not 16 apply and an applicant shall be registered without examination 17 if the applicant has submitted an application for registration 18 accompanied by an application fee as specified by the board 19 within two years after the effective date of this amendatory act 20 and who is a resident of Pennsylvania or who has practiced in 21 this Commonwealth for a two-year period; and 22 (1) who, on the effective date of this amendatory act, is a 23 graduate of a physical therapist assistant program acceptable to 24 the board and has engaged in physical therapist assistant 25 practice acceptable to the board for two years; and 26 (2) who, on the effective date of this amendatory act, is 27 listed with the board as a physical therapist assistant. 28 (f) The board shall renew, revoke or suspend the 29 registration of physical therapist assistants pursuant to rules 30 and regulations promulgated by the board. All actions of the 19850H1363B1678 - 11 -
1 board shall be taken subject to the right of notice, hearing and 2 adjudication and the right of appeal therefrom in accordance 3 with Title 2 of the Pennsylvania Consolidated Statutes (relating 4 to administrative law and procedure). 5 (g) Unless ordered to do so by a court, the board shall not 6 reinstate the registration of a person to practice as a physical 7 therapist assistant which has been revoked and such person shall 8 be required to apply for registration after a five-year period 9 in accordance with this section, if he desires to practice at 10 any time after such revocation. 11 Section 5. Section 10 of the act is repealed. 12 Section 6. Section 10.2 of the act is amended by adding a 13 subsection to read: 14 Section 10.2. Certification of Athletic Trainers; 15 Certification Renewal, Revocation or Suspension.--* * * 16 (d) Unless ordered to do so by a court, the board shall not 17 reinstate the certificate of a person to practice as an athletic 18 trainer which has been revoked and such person shall be required 19 to apply for a certificate after a five-year period in 20 accordance with this section, if he desires to practice at any 21 time after such revocation. 22 Section 7. Section 11 of the act, amended April 4, 1984 23 (P.L.196, No.41), is amended to read: 24 Section 11. Refusal or Suspension or Revocation of 25 License.--(a) The board shall refuse to issue a license to any 26 person and after notice and hearing in accordance with rules and 27 regulations, may suspend or revoke the license of any person who 28 has: 29 (1) been found to have violated section 9; 30 (2) attempted to or obtained licensure by fraud or 19850H1363B1678 - 12 -
1 misrepresentation; 2 (3) committed repeated occasions of negligence or 3 incompetence in the practice of physical therapy; 4 (4) been convicted of a felony in a Federal court or in the 5 courts of this Commonwealth or any other state, territory or 6 country. Conviction, as used in this paragraph, shall include a 7 finding or verdict of guilt, an admission of guilt or a plea of 8 nolo contendere; 9 (5) habitually indulged in the use of narcotics or other 10 habit-forming drugs, or excessively indulged in the use of 11 alcoholic liquors; 12 (6) been found guilty of unprofessional conduct. 13 Unprofessional conduct shall include any departure from or the 14 failure to conform to the minimal standards of acceptable and 15 prevailing physical therapy practice, in which proceeding actual 16 injury to a patient need not be established; 17 [(7) been adjudged mentally incompetent by a court of <-- 18 competent jurisdiction;] <-- 19 [(8)] (7) treated or undertaken to treat human ailments <-- 20 otherwise than by physical therapy as defined in this act; and 21 [(9)] (8) had his license to practice physical therapy <-- 22 revoked or suspended or having other disciplinary action taken, 23 or his application for a license refused, revoked or suspended 24 by the proper licensing authority of another state, territory or 25 country. 26 (b) All actions of the board shall be taken subject to the 27 right of notice, hearing and adjudication and the right of 28 appeal therefrom in accordance with [the provisions of the June 29 4, 1945 (P.L.1388, No.442), known as the "Administrative Agency 30 Law."] Title 2 of the Pennsylvania Consolidated Statutes 19850H1363B1678 - 13 -
1 (relating to administrative law and procedure). 2 (c) Unless ordered to do so by a court, the board shall not 3 reinstate the license of a person to practice as a physical 4 therapist which has been revoked and such person shall be 5 required to apply for a license after a five-year period in 6 accordance with section 6, if he desires to practice at any time 7 after such revocation. 8 Section 8. The act is amended by adding sections to read: 9 Section 11.1. Automatic Suspension.--A license, registration 10 or certificate issued under this act shall automatically be 11 suspended upon the legal commitment of a licensee, REGISTRANT OR <-- 12 CERTIFICATE HOLDER to an institution because of mental 13 incompetency from any cause upon filing with the board a 14 certified copy of such commitment; conviction of a felony under 15 the act of April 14, 1972 (P.L.233, No.64), known as "The 16 Controlled Substance, Drug, Device and Cosmetic Act"; or 17 conviction of an offense under the laws of another jurisdiction 18 which, if committed in Pennsylvania, would be a felony under The 19 Controlled Substance, Drug, Device and Cosmetic Act. As used in 20 this section the term "conviction" shall include a judgment, an 21 admission of guilty or a plea of nolo contendere. Automatic 22 suspension under this section shall not be stayed pending any 23 appeal of a conviction. Restoration of such license, 24 registration or certificate shall be made as provided in this 25 act for revocation or suspension of such license, REGISTRANT OR <-- 26 CERTIFICATE HOLDER. 27 Section 11.2. Summary Suspension.--The board shall 28 temporarily suspend A license, registration or certificate under <-- 29 circumstances as determined by the board to be an immediate and 30 clear danger to the public health or safety. The board shall 19850H1363B1678 - 14 -
1 issue an order to that effect without a hearing, but upon due 2 notice to the licensee, registrant or certificate holder 3 concerned at his last known address, which shall include a 4 written statement of all allegations against the licensee, 5 registrant or certificate holder. The provisions of section 6 11(c) shall not apply to temporary suspension. The board shall 7 thereupon commence formal action to suspend, revoke and restrict 8 the license, registration or certificate of the person concerned 9 as otherwise provided for in this act. All actions shall be 10 taken promptly and without delay. Within 30 days following the 11 issuance of an order temporarily suspending a license, 12 registration or certificate, the board shall conduct, or cause 13 to be conducted, a preliminary hearing to determine that there 14 is a prima facie case supporting the suspension. The licensee, 15 registrant or certificate holder whose license, registration or 16 certificate has been temporarily suspended may be present at the 17 preliminary hearing and may be represented by counsel, cross- 18 examine witnesses, inspect physical evidence, call witnesses, 19 offer evidence and testimony and make a record of the 20 proceedings. If it is determined that there is not a prima facie 21 case, the suspended license, registration or certificate shall 22 be immediately restored. The temporary suspension shall remain 23 in effect until vacated by the board, but in no event longer 24 than 180 days. 25 Section 9. Section 12 of the act is amended by adding 26 subsections to read: 27 Section 12. Penalties; Injunctive Relief.--* * * 28 (c) In addition to any other civil remedy or criminal 29 penalty provided for in this act, the board, by a vote of the 30 majority of the maximum number of the authorized membership of 19850H1363B1678 - 15 -
1 the board as provided by this act or by a vote of the majority 2 of the qualified and confirmed membership or a minimum of four 3 members, whichever is greater, may levy a civil penalty of up to 4 $1,000 on any current licensee OR REGISTRANT who violates any <-- 5 provisions of this act or on any person who practices physical 6 therapy without being properly licensed to do so under this act, 7 or who practices as a physical therapist assistant without being 8 properly registered to do so under this act. The board shall 9 levy this penalty only after affording the accused party the 10 opportunity for a hearing, as provided in Title 2 of the 11 Pennsylvania Consolidated Statutes (relating to administrative 12 law and procedure). 13 (d) All fines and civil penalties imposed in accordance with 14 this section shall be paid into the Professional Licensure 15 Augmentation Account. 16 Section 10. Each rule, regulation or fee of the board in 17 effect on the effective date of this act shall remain in effect 18 after such date until amended by the board, provided that the 19 board shall immediately initiate the repeal or amendment of any 20 rule or regulation which is inconsistent with the provisions of 21 this act. 22 Section 11. This act constitutes the legislation necessary 23 to reestablish the State Board of Physical Therapy Examiners 24 under section 7 of the act of December 22, 1981 (P.L.508, 25 No.142), known as the Sunset Act. 26 Section 12. (a) Section 412.1 of the act of April 9, 1929 27 (P.L.177, No.175), known as The Administrative Code of 1929, is 28 repealed. 29 (b) All other acts and parts of acts are repealed insofar as 30 they are inconsistent with this act. 19850H1363B1678 - 16 -
1 Section 13. This act shall take effect January 1, 1986, or 2 immediately, whichever is later. F3L63CHF/19850H1363B1678 - 17 -