PRIOR PRINTER'S NO. 413 PRINTER'S NO. 1218
No. 400 Session of 2001
INTRODUCED BY MURPHY, PICCOLA, JUBELIRER, ROBBINS, BELL,
RHOADES, CONTI, WAGNER, TARTAGLIONE, EARLL, KUKOVICH,
WOZNIAK, MUSTO, O'PAKE, LEMMOND, PUNT, LOGAN, HELFRICK,
WAUGH, WILLIAMS, HUGHES, MADIGAN, CORMAN, LAVALLE, BOSCOLA,
MELLOW, WENGER, COSTA, KASUNIC AND DENT, FEBRUARY 12, 2001
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 18, 2001
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 State Board of Physical Therapy;
4 providing for a certificate of authorization to practice
5 physical therapy without the required referral; requiring
6 professional liability insurance coverage and continuing
7 education; and providing penalties.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 2.1(a) of the act of October 10, 1975
11 (P.L.383, No.110), known as the Physical Therapy Practice Act,
12 added December 20, 1985 (P.L.500, No.117), is amended to read:
13 Section 2.1. State Board of Physical Therapy.--(a) The
14 board shall consist of [nine] eleven members, all of whom shall
15 be residents of Pennsylvania. [Five] Six members shall be
16 physical therapists licensed to practice in this Commonwealth,
17 each having had at least five years of experience as a physical
18 therapist, three years of which must have immediately preceded
1 the appointment to the board. One member shall be a physical
2 therapist assistant currently registered with the board or an
3 athletic trainer currently certified by the board[, provided
4 that the initial appointee shall be a physical therapist
5 assistant who is currently listed with the board and who shall
6 not be required to be registered until the provisions of section
7 9.1 have been implemented]. Two members shall be representatives
8 of the public. One member shall be the Commissioner of
9 Professional and Occupational Affairs. One member shall be the
10 Physician General of the Commonwealth or his designee. The
11 members of the board shall be appointed by the Governor, with
12 the advice and consent of a majority of the members elected to
13 the Senate.
14 * * *
15 Section 2. Section 9 of the act, amended April 4, 1984
16 (P.L.196, No.41), is amended to read:
17 Section 9. Practice [and Referrals by Physicians.--Any] of
18 Physical Therapy.--(a) Except as provided in subsection (b), no
19 person licensed under this act as a physical therapist shall
20 [not] treat human ailments by physical therapy or otherwise
21 except by the referral of a person licensed as a physician;
22 however, a physical therapist shall be permitted to accept the
23 referral of a dentist or podiatrist licensed, for the treatment
24 of a condition that is within the scope of practice of dentistry
25 or podiatry. Nothing in this act shall be construed as
26 authorization for a physical therapist to practice any branch of
27 the healing arts except as described in this act. Any person
28 violating the provisions of this act shall be guilty of a
29 misdemeanor as described in section 12.
30 (b) Licensees who meet the standards set forth in this
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1 subsection may apply to the board for a certificate of
2 authorization to practice physical therapy under this act
3 without the required referral under subsection (a). A
4 certificate of authorization to practice physical therapy
5 without a referral under subsection (a) shall not authorize a
6 physical therapist either to treat a condition in any person
7 which is a nonneurologic, nonmuscular or nonskeletal condition
8 or to treat a person who has an acute cardiac or acute pulmonary
9 condition unless the physical therapist has consulted with the
10 person's licensed physician, dentist or podiatrist regarding the
11 person's condition and the physical therapy treatment plan or
12 has referred the person to a licensed physician, dentist or
13 podiatrist for diagnosis and referral. The certificate of
14 authorization shall be issued only to licensed physical
15 therapists practicing physical therapy. The certificate of
16 authorization shall be displayed by the certificate holder in a
17 manner conspicuous to the public. The renewal of the certificate
18 of authorization shall coincide with the renewal of the license
19 of the licensee. Licensees making application for a certificate
20 of authorization shall present satisfactory evidence to the
21 board of all of the following:
22 (1) That the licensee has:
23 (i) passed an examination for licensure to practice physical
24 therapy, which examination included testing on the appropriate
25 evaluative procedures to treat a person without a referral; or
26 (ii) passed an examination for licensure to practice
27 physical therapy prior to 1990 and successfully completed a
28 course approved by the board on the appropriate evaluative
29 procedures to treat a person without a referral.
30 (2) That the licensee has:
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1 (i) practiced physical therapy as a licensed physical
2 therapist in the delivery of patient care in accordance with
3 this act on a continuous basis for at least two years
4 immediately preceding the application for a certificate of
5 authorization;
6 (ii) been licensed under subsection (d.1) of section 6 and
7 has practiced physical therapy in the delivery of patient care
8 as a licensed physical therapist in a reciprocal state on a
9 continuous basis for at least two years immediately preceding
10 the application for a certificate of authorization; or
11 (iii) provided proof of meeting the standards of clause (i)
12 or (ii) of this paragraph through the application of any
13 combination thereof.
14 (3) That the license of that licensee has been maintained in
15 good standing.
16 (4) That the licensee has professional liability insurance
17 in accordance with the following provisions:
18 (i) Beginning with the first license renewal period at least
19 two years after the effective date of this subsection or upon
20 first making application for a certificate of authorization,
21 whichever occurs earlier, any licensee applying for and
22 obtaining a certificate of authorization shall obtain and
23 maintain, to the satisfaction of the board, professional
24 liability insurance coverage in the minimum amounts required to
25 be maintained by physicians pursuant to the act of October 15,
26 1975 (P.L.390, No.111), known as the "Health Care Services
27 Malpractice Act." The professional liability insurance coverage
28 shall remain in effect as long as that licensee has a
29 certificate of authorization.
30 (ii) A licensee shall notify the board within 30 days of the
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1 licensee's failure to be covered by the required insurance.
2 Failure to notify the board shall be actionable under section 11
3 or 12. Further, the certificate of authorization of that
4 licensee shall automatically be suspended upon failure to be
5 covered by the required insurance and shall not be restored
6 until submission to the board of satisfactory evidence that the
7 licensee has the required professional liability insurance
8 coverage.
9 (iii) The board shall accept from licensees as satisfactory
10 evidence of insurance coverage under this subsection, any or all
11 of the following: self-insurance, personally purchased
12 professional liability insurance, professional liability
13 insurance coverage provided by the licensee's employer or any
14 similar type of coverage.
15 (iv) The board shall adopt, by regulation, standards and
16 procedures established by the Insurance Commissioner for self-
17 insurance. In the absence of these standards and procedures, the
18 board, after consultation with the Insurance Commissioner, shall
19 establish standards and procedures by regulation for self-
20 insurance under this subsection.
21 (c) (1) For each renewal of the certificate of
22 authorization, the licensee shall complete, within the
23 immediately preceding two-year period, at least 20 hours of
24 continuing physical therapy education related to keeping the
25 certificate holder apprised of advancements and new developments
26 in the practice of the physical therapy profession. At least ten
27 of the 20 hours shall be in appropriate evaluative procedures to
28 treat a person without a referral. The licensee shall provide
29 the board with evidence of the completion of the continuing
30 education.
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1 (2) Continuing education programs and program providers
2 under this paragraph shall be approved by the board in
3 accordance with standards and criteria established by the board
4 by regulation. The regulation shall include any fees necessary
5 to implement this provision and provide for waiver of the
6 continuing education requirement due to illness or hardship in
7 any licensing renewal period.
8 (3) The requirements for continuing physical therapy
9 education shall not apply until the first renewal of the
10 certificate of authorization at least two years after the
11 effective date of this subsection. No credit shall be given for
12 any course in office management or practice building.
13 (d) A physical therapist practicing physical therapy under
14 this act shall refer patients to a licensed physician or other
15 appropriate health care practitioner in any of the following
16 cases:
17 (1) Cases where symptoms are present for which physical
18 therapy is a contraindication.
19 (2) Cases for which treatment is outside the scope of
20 practice of physical therapy.
21 (3) Cases for which treatment is beyond the education,
22 expertise or experience of the physical therapist.
23 (e) A physical therapist may treat a person without a
24 referral as provided for in subsection (b) for up to 30 days
25 from the date of the first treatment. A physical therapist shall
26 not treat a person beyond 30 days from the date of the first
27 treatment unless he or she has obtained a referral from a
28 licensed physician, dentist or podiatrist. THE DATE OF THE FIRST <--
29 TREATMENT FOR PURPOSES OF THIS SUBSECTION IS THE DATE THE PERSON
30 IS TREATED BY ANY PHYSICAL THERAPIST TREATING WITHOUT A
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1 REFERRAL.
2 (f) Nothing in this section shall be construed to require or
3 preclude third-party insurance reimbursement.
4 Section 3. Section 11(a)(1) of the act, amended December 20,
5 1985 (P.L.500, No.117), is amended to read:
6 Section 11. Refusal or Suspension or Revocation of
7 License.--(a) The board shall refuse to issue a license to any
8 person and after notice and hearing in accordance with rules and
9 regulations, may suspend or revoke the license of any person who
10 has:
11 (1) been found to have violated any of the provisions of
12 section 9;
13 * * *
14 Section 4. This act shall take effect in 60 days.
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