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        PRIOR PRINTER'S NOS. 1468, 3012               PRINTER'S NO. 3239

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1199 Session of 2007


        INTRODUCED BY THOMAS, STEIL, COHEN, CLYMER, BISHOP, CALTAGIRONE,
           BENNINGHOFF, DALEY, CAPPELLI, DePASQUALE, CAUSER, GEORGE,
           COX, HARHAI, DENLINGER, JAMES, ELLIS, JOSEPHS, GINGRICH,
           KIRKLAND, HARHART, KULA, HENNESSEY, MELIO, HESS, MYERS,
           HUTCHINSON, PALLONE, McILHATTAN, MILNE, SIPTROTH, MOUL,
           YOUNGBLOOD, PICKETT, PYLE, QUIGLEY, RAPP, REED, ROHRER,
           RUBLEY, SCAVELLO, SCHRODER, SONNEY, KILLION, HORNAMAN AND
           HELM, MAY 1, 2007

        AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
           FEBRUARY 13, 2008

                                     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 definitions, for State Board of
     4     Physical Therapy and its powers and duties, for training and
     5     license required and exceptions, for application for license,
     6     for qualifications for license and examinations, for renewal
     7     of license and for reporting of multiple licensure; providing
     8     for continuing education; further providing for practice of
     9     physical therapy, for physical therapy assistant, education
    10     and examination, scope of duties and registration and for
    11     supportive personnel; repealing provisions relating to
    12     Athletic Trainer Advisory Committee and certification of
    13     athletic trainers and certification renewal, revocation and
    14     suspension; and further providing for refusal or suspension
    15     or revocation of license, for automatic suspension, for
    16     temporary suspension, for subpoenas, reports and surrender of
    17     license, for penalties and injunctive relief and for impaired
    18     professional.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  The definitions of "athletic trainer," "Athletic
    22  Trainer Advisory Committee," "physical therapist assistant" and


     1  "physical therapy" in section 2 of the act of October 10, 1975
     2  (P.L.383, No.110), known as the Physical Therapy Practice Act,
     3  amended April 2, 2002 (P.L.234, No.27), are amended and the
     4  section is amended by adding definitions to read:
     5     Section 2.  Definitions.--The following definitions shall
     6  apply, when used in this act, unless otherwise expressed
     7  therein:
     8     ["Athletic trainer" shall mean a person certified by the
     9  State Board of Physical Therapy as an athletic trainer after
    10  meeting the requirements of this act and rules and regulations
    11  promulgated pursuant thereto.
    12     "Athletic Trainer Advisory Committee" shall mean the
    13  committee created by section 10.1 of this act to advise the
    14  board.]
    15     * * *
    16     "Certified Registered Nurse Practitioner" means an individual
    17  as defined in section 2 of the act of May 22, 1951 (P.L.317,
    18  No.69), known as "The Professional Nursing Law."
    19     * * *
    20     "Consultation by means of telecommunications" means that a
    21  physical therapist renders a professional opinion or advice
    22  regarding the practice of physical therapy to another physical
    23  therapist or licensed health care provider via
    24  telecommunications or computer technology from a distant
    25  location, subject to section 4(b.3)(5) and consistent with
    26  applicable health information privacy laws. It includes the
    27  review or transfer of patient records or related information by
    28  means of audio, video or data communication.
    29     "Dentist" means an individual as defined in 1 Pa.C.S. § 1991
    30  (relating to definitions).
    20070H1199B3239                  - 2 -     

     1     "Direct on-premises supervision" means the physical presence
     2  of a licensed physical therapist in the facility who is
     3  immediately available to exercise supervision, direction and
     4  control.
     5     "Facility" means the physical premises where physical therapy
     6  services are being provided and all associated lands and
     7  buildings within the immediate proximity.
     8     * * *
     9     "Physical therapist assistant" shall mean [a person] an
    10  individual who has met all the requirements of this act and is
    11  [registered] certified as a physical therapist assistant in
    12  accordance with this act.
    13     "Physical therapy" means [the evaluation and treatment of any
    14  person by] evaluating, examining and testing individuals with
    15  mechanical, physiological and developmental impairments,
    16  functional limitations and disabilities or other health-related
    17  and movement-related conditions in order to determine a
    18  diagnosis, prognosis and plan of treatment intervention within
    19  the scope of this act, and to assess the ongoing effects of
    20  intervention. The practice of physical therapy includes the
    21  performance of tests and measurements as an aid in diagnosis or
    22  evaluation of function and the treatment of the individual
    23  through the utilization of the effective properties of physical
    24  measures such as mechanical stimulation, heat, cold, light, air,
    25  water, electricity, sound, massage, [mobilization]
    26  mobilization/manual therapy and the use of therapeutic exercises
    27  and rehabilitative procedures including training in functional
    28  activities, with or without the utilization of assistive
    29  devices, for the purpose of limiting or preventing disability
    30  and alleviating or correcting any physical or mental
    20070H1199B3239                  - 3 -     

     1  conditions[, and the performance of tests and measurements as an
     2  aid in diagnosis or evaluation of function]. The practice of
     3  physical therapy also includes reducing the risk of injury,
     4  impairment, functional limitation and disability, including the   <--
     5  promotion and maintenance of fitness, health and wellness in
     6  populations of all ages as well as engaging in administration,
     7  consultation, education and research.
     8     "Physician assistant" means an individual as defined in the
     9  act of October 5, 1978 (P.L.1109, No.261), known as the
    10  "Osteopathic Medical Practice Act," or the act of December 20,
    11  1985 (P.L.457, No.112), known as the "Medical Practice Act of
    12  1985."
    13     "Podiatrist" means an individual licensed under the act of
    14  March 2, 1956 (1955 P.L.1206, No.375), known as the "Podiatry
    15  Practice Act."
    16     Section 2.  Section 2.1 of the act, amended or added December
    17  20, 1985 (P.L.500, No.117) and February 21, 2002 (P.L.90, No.6),
    18  is amended to read:
    19     Section 2.1.  State Board of Physical Therapy.--(a)  The
    20  board shall consist of eleven members, all of whom shall be
    21  residents of Pennsylvania. Six members shall be physical
    22  therapists [licensed] holding an active license to practice in
    23  this Commonwealth, each having had at least five years of
    24  experience as a physical therapist, three years of which must
    25  have immediately preceded the appointment to the board. One
    26  member shall be a physical therapist assistant [currently
    27  registered] holding an active certificate with the board [or an
    28  athletic trainer currently certified by the board]. Two members
    29  shall be representatives of the public. One member shall be the
    30  Commissioner of Professional and Occupational Affairs. One
    20070H1199B3239                  - 4 -     

     1  member shall be the Physician General of the Commonwealth or his
     2  designee. The members of the board shall be appointed by the
     3  Governor, with the advice and consent of a majority of the
     4  members elected to the Senate. The board shall meet no less than
     5  four times per calendar year.
     6     (b)  Professional and public members [appointed after the
     7  expiration of the terms of current board members shall serve the
     8  following terms: one physical therapist shall serve one year;
     9  one physical therapist shall serve two years; one physical
    10  therapist and one public member shall serve three years; and two
    11  physical therapists, one physical therapist assistant and one
    12  public member shall serve four years. Thereafter, professional
    13  and public members shall serve] of the board shall serve
    14  staggered four-year terms. No member may be eligible for
    15  appointment to serve more than two consecutive terms. A member
    16  may continue to serve for a period not to exceed six months
    17  beyond the expiration of his term, if a successor has yet to be
    18  duly appointed and qualified according to law.
    19     (c)  The board shall select, from among their number, a
    20  chairman, a vice chairman and a secretary.
    21     (d)  A majority of the members of the board serving in
    22  accordance with law shall constitute a quorum for purposes of
    23  conducting the business of the board. Except for temporary and
    24  automatic suspensions under sections 11.1 and 11.2, a member may
    25  not be counted as part of a quorum or vote on any issue unless
    26  he or she is physically in attendance at the meeting.
    27     (e)  Each public and professional member of the board shall
    28  be paid reasonable traveling, hotel and other necessary expenses
    29  and per diem compensation at the rate of $60 for each day of
    30  actual service while on board business.
    20070H1199B3239                  - 5 -     

     1     (f)  A member who fails to attend three consecutive meetings
     2  shall forfeit his seat unless the Commissioner of Professional
     3  and Occupational Affairs, upon written request from the member,
     4  finds that the member should be excused from a meeting because
     5  of illness or the death of an immediate family member.
     6     (g)  In the event that a member of the board dies or resigns
     7  or otherwise becomes disqualified during the term of office, a
     8  successor shall be appointed in the same way and with the same
     9  qualifications as set forth in subsection (a) and shall hold
    10  office for the unexpired term.
    11     [(h)  The board is subject to evaluation, review and
    12  termination within the time and in the manner provided in the
    13  act of December 22, 1981 (P.L.508, No.142), known as the "Sunset
    14  Act."]
    15     (i)  A public member who fails to attend two consecutive
    16  statutorily mandated seminars in accordance with section 813(e)
    17  of the act of April 9, 1929 (P.L.177, No.175), known as "The
    18  Administrative Code of 1929," shall forfeit his or her seat
    19  unless the Commissioner of Professional and Occupational
    20  Affairs, upon written request from the public member, finds that
    21  the public member should be excused from a meeting because of
    22  illness or the death of a family member.
    23     Section 3.  Section 3 of the act, amended December 20, 1985
    24  (P.L.500, No.117), is amended to read:
    25     Section 3.  Powers and Duties of Board.--(a)  It shall be the
    26  duty of the board to pass upon the qualifications of applicants
    27  for licensure as physical therapists[, registration] and
    28  certification as physical therapist assistants [and
    29  certification as athletic trainers], to conduct examinations, to
    30  issue and renew licenses and certificates of authorization to
    20070H1199B3239                  - 6 -     

     1  physical therapists[, registrations] and certificates to
     2  physical therapist assistants [and certifications to athletic
     3  trainers] who qualify under this act, and in proper cases to
     4  refuse to issue, suspend or revoke the license or certificate of
     5  authorization of any physical therapist[, registration] or
     6  certificate of any physical therapist assistant [or
     7  certification of any athletic trainer]. The board may adopt
     8  rules and regulations not inconsistent with law as it may deem
     9  necessary for the performance of its duties and the proper
    10  administration of this law. The board is authorized and
    11  empowered to appoint hearing examiners and to conduct
    12  investigations and hearings upon charges for discipline of a
    13  licensee[, registrant] or certificate holder or for violations
    14  of this act, and to cause, through the office of the Attorney
    15  General, the prosecution and enjoinder of [persons] individuals
    16  violating this act. The board shall maintain a register listing
    17  the name of every living physical therapist licensed to practice
    18  in this State, and every physical therapist assistant duly
    19  [registered] certified pursuant to section 9.1 [and every
    20  athletic trainer certified to practice in this State], such
    21  individual's last known place of [business and last known place
    22  of] residence, and the date and number of the physical
    23  therapist's license [or athletic trainer's certification] and
    24  the physical therapist assistant's certificate.
    25     (b)  The board shall submit annually to the Department of
    26  State and to the House and Senate Appropriations Committees,
    27  within 15 days of the date on which the Governor has submitted
    28  his budget to the General Assembly, an estimate of the financial
    29  requirements of the board for its administrative, investigative,
    30  legal and miscellaneous expenses.
    20070H1199B3239                  - 7 -     

     1     (c)  The board shall submit annually a report, to the
     2  Professional Licensure Committee of the House of Representatives
     3  and to the Consumer Protection and Professional Licensure
     4  Committee of the Senate, containing a description of the types
     5  of complaints received, status of cases, board action which has
     6  been taken and the length of time from the initial complaint to
     7  final board resolution. The board shall report final adverse
     8  disciplinary action taken against a licensee to a national
     9  disciplinary database recognized by the board as required by
    10  law. The board shall be responsible for processing complaints
    11  alleging a violation of the act in accordance with the act of
    12  April 9, 1929 (P.L.177, No.175), known as "The Administrative
    13  Code of 1929."
    14     Section 4.  Section 4 of the act, amended April 1984
    15  (P.L.196, No.41) and December 20, 1985 (P.L.500, No.117), is
    16  amended to read:
    17     Section 4.  Training and License Required; Exceptions.--(a)
    18  It shall be unlawful for [any person] an individual to practice
    19  or hold himself out as being able to practice physical therapy
    20  in this State in any manner whatsoever unless such [person]
    21  individual has met the educational requirements and is licensed
    22  in accordance with the provisions of this act. The board shall
    23  determine standards, by regulations, regarding qualifications
    24  necessary for the performance of such tests or treatment forms
    25  as the board shall determine require additional training or
    26  education beyond the educational requirements set forth by this
    27  act, as such relates to the practice of physical therapy in
    28  accordance with law. Nothing in this act, however, shall
    29  prohibit [any person] an individual trained and licensed or
    30  certified to practice or to act within the scope of his license
    20070H1199B3239                  - 8 -     

     1  or certification in this State under any other law, from
     2  engaging in the licensed or certified practice for which he is
     3  trained.
     4     [(b)  This act shall not prohibit students who are enrolled
     5  in schools of physical therapy approved by the board, from
     6  performing acts of physical therapy as is incidental to their
     7  course of study; nor shall it prevent any student in any
     8  educational program in the healing arts approved or accredited
     9  under the laws of Pennsylvania in carrying out prescribed
    10  courses of study. Nothing in this act shall apply to any person
    11  employed by an agency, bureau, or division of the Federal
    12  Government while in the discharge of official duties, however,
    13  if such individual engages in the practice of physical therapy
    14  outside the scope of official duty, such individual must meet
    15  the educational requirements and be licensed as herein provided.
    16  The provisions of this act are not intended to limit the
    17  activities of persons legitimately engaged in the nontherapeutic
    18  administration of baths, massage, and normal exercise.]
    19     (b.1)  It shall be a violation of this act for [any person]
    20  an individual or business entity to utilize in connection with a
    21  business name or activity the words "physical therapy,"
    22  "physical therapist," "physiotherapy," "physiotherapist" or
    23  similar words and their related abbreviations which imply
    24  directly or indirectly that physical therapy services are being
    25  provided, including the billing of physical therapy services,
    26  unless such services are provided by a licensed physical
    27  therapist in accordance with this act: Provided, however, That
    28  nothing in this section shall limit a physician's authority to
    29  practice medicine or to bill for such practice nor limit a
    30  chiropractor's authority to practice chiropractic or to bill for
    20070H1199B3239                  - 9 -     

     1  such practice.
     2     (b.2)  Nothing in this act shall limit a physician's
     3  authority to practice medicine or to delegate the performance of
     4  a medical service to a certified physical therapist assistant
     5  who is under the supervision of a licensed physical therapist,
     6  if the medical service is within the education and training for
     7  the physical therapist assistant and provided that the licensed
     8  physical therapist provides the initial evaluation for the
     9  physical therapy.
    10     (b.3)  This act shall not prohibit the following activities
    11  by the following individuals:
    12     (1)  A student who is enrolled in a board-approved school of
    13  physical therapy from performing acts of physical therapy as is
    14  incidental to the student's course of study.
    15     (2)  An individual engaged in the nontherapeutic               <--
    16  NONTREATMENT-SPECIFIC administration of baths, massage and        <--
    17  normal exercise from such administration EXERCISE.                <--
    18     (3)  A physical therapist who is licensed without restriction
    19  in a jurisdiction of the United States or credentialed in
    20  another country, if that individual by contract or employment is
    21  providing physical therapy to individuals affiliated with or
    22  employed by established athletic teams, athletic organizations
    23  or performing arts companies temporarily practicing, competing
    24  or performing in this Commonwealth for NO more than 60 days       <--
    25  within a consecutive 12-month period.
    26     (4)  A physical therapist who is licensed without restriction
    27  in a jurisdiction of the United States and who enters this
    28  Commonwealth to provide physical therapy during a declared
    29  local, State or national disaster or emergency. This exemption
    30  applies for no more than 60 days within a consecutive 12-month
    20070H1199B3239                 - 10 -     

     1  period following the declaration of the emergency. In order to
     2  be eligible for this exemption, the physical therapist shall
     3  notify the board of their intent to practice.
     4     (5)  A physical therapist who holds an active license in
     5  another jurisdiction of the United States if that individual is
     6  providing consultation for no fee by means of telecommunication.  <--
     7  as defined in section 2, to a physical therapist licensed under   <--
     8  this act.
     9     (6)  An individual employed by an agency, bureau or division
    10  of the Federal Government while in the discharge of official
    11  duties is not subject to this act. However, if the individual
    12  engages in the practice of physical therapy outside the scope of
    13  official duty, the individual must meet the educational
    14  requirements and be licensed or certified as provided in this
    15  act.
    16     (c)  The practice of physical therapy shall not include the
    17  practice of chiropractic as defined by the act of [August 10,
    18  1951 (P.L.1182, No.264), known as the "Chiropractic Registration
    19  Act of 1951."] December 16, 1986 (P.L.1646, No.188), known as
    20  the "Chiropractic Practice Act."
    21     (d)  A physical therapist assistant who is certified or
    22  licensed in a jurisdiction of the United States and is assisting
    23  a physical therapist engaged specifically in activities related
    24  to subsection (b.3)(3) and (4) is exempt from the requirement of
    25  certification under this act for no more than 60 days within a
    26  consecutive 12-month period.
    27     Section 5.  Section 5 of the act, amended April 4, 1984
    28  (P.L.196, No.41), is amended to read:
    29     Section 5.  Application for License.--Unless entitled to
    30  licensure without examination under the provisions of section 6,
    20070H1199B3239                 - 11 -     

     1  [a person] an individual who desires and applies to be licensed
     2  as a physical therapist shall apply to the board [in writing, on
     3  forms] on a form furnished by the board, and such application
     4  [blanks] shall embody evidence satisfactory to the board of the
     5  applicant's possessing the qualifications preliminary to
     6  examination required by this act. At the time of forwarding such
     7  application to the board, an applicant for licensure as a
     8  physical therapist shall pay a fee as set by regulation.
     9     Section 6.  Sections 6, 7 and 7.1 of the act, amended or
    10  added December 20, 1985 (P.L.500, No.117) are amended to read:
    11     Section 6.  Qualifications for License; Examinations; Failure
    12  of Examinations; Licensure Without Examination; Issuing of
    13  License; Foreign Applicants for Licensure; Temporary License;
    14  Perjury.--(a)  To be eligible for licensure as a physical
    15  therapist, an applicant must be at least 20 years of age unless
    16  otherwise determined by the board in its discretion, be of good
    17  moral character, not be addicted to the habitual use of alcohol
    18  or narcotics or other habit-forming drugs, and be a graduate of
    19  a school offering an educational program in physical therapy as
    20  adopted by the board, which program has been approved for the
    21  education and training of physical therapists by the appropriate
    22  nationally recognized accrediting agency. [By the time of
    23  completion of] An applicant completing the professional study of
    24  physical therapy[, a physical therapist] after 2002 must hold a
    25  minimum of a master's degree from a regionally accredited
    26  institution of higher education. An applicant completing the
    27  professional study of physical therapy between January 1967 and
    28  2002 must hold a minimum of a baccalaureate degree from a
    29  regionally accredited institution of higher education. In the
    30  case of those applicants who have completed requirements prior
    20070H1199B3239                 - 12 -     

     1  to the first day of January, 1967, but who may not technically
     2  or totally fulfill the above requirements, the board at its
     3  discretion and by the majority vote of all members present may
     4  accept evidence of satisfactory equivalence. The board shall not
     5  issue a license to an applicant who has been convicted of a
     6  felony under the act of April 14, 1972 (P.L.233, No.64), known
     7  as "The Controlled Substance, Drug, Device and Cosmetic Act," or
     8  of an offense under the laws of another jurisdiction which, if
     9  committed in this Commonwealth, would be a felony under "The
    10  Controlled Substance, Drug, Device and Cosmetic Act," unless:
    11     (1)  at least ten years have elapsed from the date of
    12  conviction;
    13     (2)  the applicant satisfactorily demonstrates to the board
    14  that he has made significant progress in personal rehabilitation
    15  since the conviction such that licensure of the applicant should
    16  not be expected to create a substantial risk of harm to the
    17  health and safety of patients or the public or a substantial
    18  risk of further criminal violations; and
    19     (3)  the applicant otherwise satisfies the qualifications
    20  contained in or authorized by this act.
    21  As used in this subsection the term "convicted" includes a
    22  judgment, an admission of guilt or a plea of nolo contendere.
    23     (b)  An applicant for licensure must pass [a written] an
    24  examination approved by the board which shall test the
    25  applicant's knowledge of the basic and clinical sciences as they
    26  relate to physical therapy theory and physical therapy
    27  procedures and such other subjects as the board may deem
    28  necessary to test the applicant's fitness to practice physical
    29  therapy. No license shall be granted unless an applicant has
    30  attained passing scores established by the testing agency and
    20070H1199B3239                 - 13 -     

     1  published prior to the administration of the examination. The
     2  examination shall be held [within the Commonwealth of
     3  Pennsylvania twice a year] at such time and place as the board
     4  shall determine.
     5     (c)  In case of failure at the first examination, the
     6  applicant for licensure shall have, after the expiration of [six
     7  months] 60 days and within [two years] one year from the first
     8  failure, the privilege of a second examination. The board may
     9  adopt regulations governing the eligibility of applicants who
    10  have failed to pass two examinations in order to be admitted to
    11  subsequent examinations. An applicant may take the examination
    12  no more than three times in a consecutive 12-month period.
    13     (d)  An applicant for licensure shall take the applicant's     <--
    14  first examination within one year of graduation from an
    15  educational program in physical therapy, unless the time limit
    16  is extended for an applicant by board action for good cause.
    17     (d.1)  The board may grant licenses and [registrations]
    18  certifications without further examination to individuals from
    19  another state, territory or the District of Columbia if the
    20  following conditions exist:
    21     (1)  Licensing or [registration] certification standards in
    22  the other state, territory or the District of Columbia are
    23  substantially the same as those of this act.
    24     (2)  Similar privileges are accorded [persons] individuals
    25  licensed or [registered] certified in this Commonwealth.
    26     (3)  The applicant holds a valid license [or registration],
    27  registration or certification issued by the other state,
    28  territory or the District of Columbia.
    29     (4)  The applicant complies with the rules and regulations of
    30  the board.
    20070H1199B3239                 - 14 -     

     1     (e)  The board shall issue a license to a physical therapist
     2  who successfully establishes his eligibility under the terms of
     3  this act and [any person] an individual who holds a license
     4  pursuant to this section may use the words physical therapist or
     5  licensed physical therapist and he [may] shall use the letters
     6  [LPT] PT in connection with his name or place of business to
     7  denote his licensure hereunder. A licensed physical therapist
     8  may include designations for physical therapy degrees, including
     9  MPT AND DPT when a doctor MASTER'S OR DOCTOR'S of physical        <--
    10  therapy degree has been earned from a regionally accredited
    11  institution of higher education, academic degrees, specialist
    12  certification and other credentials after the letters PT.
    13     (f)  [Foreign trained physical therapists who desire and
    14  apply to be licensed as a physical therapist by the board shall,
    15  before examination, furnish proof as to age, moral character,
    16  and no addiction to the use of alcohol or narcotics or other
    17  habit-forming drugs, and shall present proof indicating the
    18  completion of educational requirements substantially equal to
    19  those in subsection (a). In addition thereto] At the board's
    20  discretion, the foreign trained applicant must complete[, at the
    21  board's discretion,] up to one year of supervised clinical
    22  experience as prescribed by the board prior to taking the
    23  examination for licensure.
    24     (g)  Upon the submission of [a written application, on forms
    25  provided by it] an application as provided by the board, the
    26  board shall issue a temporary license to an applicant for
    27  licensure who has met all of the requirements of subsection (a)
    28  and who is eligible to take the examination provided for in
    29  subsection (b). The board shall issue only one temporary license
    30  to an applicant, and such temporary license shall expire upon
    20070H1199B3239                 - 15 -     

     1  failure of the first examination or six months after the date of
     2  issue, whichever first occurs. Issuance by the board of a
     3  temporary license shall permit the applicant to practice
     4  physical therapy only while under the direct on-premises
     5  supervision of a licensed physical therapist with at least two
     6  years of experience. Upon expiration, the temporary license
     7  shall be promptly returned by the applicant to the board.
     8     (h)  Any applicant who knowingly or willfully makes a false
     9  statement of fact in any application shall be subject to
    10  prosecution for perjury.
    11     (i)  An applicant for licensure who has been educated outside
    12  of the United States shall:
    13     (1)  Complete the application process, including payment of
    14  fees.
    15     (2)  PROVIDE PROOF OF HOLDING AN UNRESTRICTED LICENSE IN THE   <--
    16  COUNTRY WHERE THE APPLICANT WAS EDUCATED.
    17     (2) (3)  Provide satisfactory evidence that the applicant's    <--
    18  education is substantially equivalent to the education of
    19  physical therapists educated in an accredited entry-level
    20  program as determined by the board. Graduation outside the
    21  United States from a professional education program accredited
    22  by the same accrediting agency that the board approves for
    23  programs within the United States constitutes evidence of
    24  substantial equivalency. In all other instances, "substantially
    25  equivalent" means that an applicant for licensure educated
    26  outside the United States shall have:
    27     (i)  Graduated from a physical therapist education program
    28  that prepares the applicant to engage without restriction in the
    29  practice of physical therapy.
    30     (ii)  Provided written proof that the applicant's school of
    20070H1199B3239                 - 16 -     

     1  physical therapy is recognized by its own ministry of education.
     2     (iii)  Undergone a credentials evaluation as directed by the
     3  board that determines that the candidate has met uniform
     4  criteria for education requirements as further established by
     5  this rule.
     6     (iv)  Completed any additional education as required by the
     7  board.
     8     (3) (4)  Comply with all State, Federal and administrative     <--
     9  laws and regulations related to the application for and
    10  maintenance of licensure.
    11     (4) (5)  Pass the examination approved by the board.           <--
    12     (5) (6)  Meet the requirements established by board            <--
    13  regulations if applicable.
    14     (k)  Each licensee and certificate holder shall display a
    15  copy of the licensee's license or certificate holder's
    16  certificate in a location accessible to public view and produce
    17  a copy immediately upon request.
    18     Section 7.  Renewal of License.--Each license issued under
    19  the provisions of this act shall be renewed biennially. On or
    20  before November 1 of each renewal year, the board shall mail an
    21  application for renewal of license to each [person] individual
    22  to whom a license was issued or renewed during the current
    23  licensing period, which application shall be mailed to the most
    24  recent address of said [person] individual as it appears on the
    25  records of the board. Such [person] individual shall complete
    26  the renewal application and [return] submit it to the board with
    27  a renewal fee before December 31 of the year in which said
    28  application was received. Upon receipt of any such application
    29  and fee, the board shall verify the accuracy of such application
    30  and issue to the applicant a certificate of renewal of license
    20070H1199B3239                 - 17 -     

     1  for the next licensing period as described above. The renewal
     2  fee for each licensing period shall be set by regulation.
     3     Section 7.1.  Reporting of Multiple Licensure.--Any licensed
     4  physical therapist or [registered] certified physical therapist
     5  assistant of this Commonwealth who is also licensed to practice
     6  physical therapy or [registered] certified as a physical
     7  therapist assistant in any other state, territory or country
     8  shall report this information to the board on the biennial
     9  registration application. Any disciplinary action taken in such
    10  other jurisdiction shall be reported to the board on the
    11  biennial registration application, or within [90] 30 days of
    12  final disposition, whichever occurs sooner. Multiple licensure
    13  or [registration] certification shall be noted by the board on
    14  the physical therapist or physical therapist assistant's record,
    15  and such state, territory or country shall be notified by the
    16  board of any disciplinary actions taken against said physical
    17  therapist or physical therapist assistant in this Commonwealth.
    18     Section 7.  The act is amended by adding a section to read:
    19     Section 7.2.  Continuing Education.--For each license
    20  renewal, a licensee shall complete within the immediately
    21  preceding two-year period at least 30 hours of continuing
    22  physical therapy education as approved by the board. The
    23  licensee shall provide the board with evidence of the completion
    24  of the continuing education. A physical therapist who has met
    25  the continuing education requirements for a certificate of
    26  authorization set forth in section 9(c)(1) shall be deemed to
    27  have met the continuing education requirement for license
    28  renewal. No credit shall be given for any course in office
    29  management or practice building.
    30     Section 8.  Section 9 of the act, amended February 21, 2002
    20070H1199B3239                 - 18 -     

     1  (P.L.90, No.6), is amended to read:
     2     Section 9.  Practice of Physical Therapy.--(a)  Except as
     3  provided in subsection (b), no [person] individual licensed
     4  under this act as a physical therapist shall treat human
     5  ailments by physical therapy or otherwise except by the referral
     6  of [a person] an individual licensed as a physician, a licensed
     7  physician assistant practicing pursuant to a written agreement
     8  with a physician, or a certified registered nurse practitioner
     9  practicing pursuant to a collaborative agreement with a
    10  physician; however, a physical therapist shall be permitted to
    11  accept the referral of a licensed dentist or podiatrist
    12  [licensed], for the treatment of a condition that is within the
    13  scope of practice of dentistry or podiatry. Nothing in this act
    14  shall be construed as authorization for a physical therapist to
    15  practice any branch of the healing arts except as described in
    16  this act. [Any person] An individual violating the provisions of
    17  this act shall be guilty of a misdemeanor as described in
    18  section 12. For purposes of this section, relating to referrals,
    19  a licensed physician, dentist or podiatrist means an individual
    20  holding an active license in this Commonwealth, the District of
    21  Columbia or any other state or United States territory.
    22     (b)  Licensees who meet the standards set forth in this
    23  subsection may apply to the board for a certificate of
    24  authorization to practice physical therapy under this act
    25  without the required referral under subsection (a). A
    26  certificate of authorization to practice physical therapy
    27  without a referral under subsection (a) shall not authorize a
    28  physical therapist either to treat a condition in [any person]
    29  an individual which is a nonneurologic, nonmuscular or
    30  nonskeletal condition or to treat [a person] an individual who
    20070H1199B3239                 - 19 -     

     1  has an acute cardiac or acute pulmonary condition unless the
     2  physical therapist has consulted with the [person's]
     3  individual's licensed physician, dentist or podiatrist regarding
     4  the [person's] individual's condition and the physical therapy
     5  treatment plan or has referred the [person] individual to a
     6  licensed physician, dentist or podiatrist for diagnosis and
     7  referral. The certificate of authorization shall be issued only
     8  to licensed physical therapists practicing physical therapy. The
     9  certificate of authorization shall be displayed by the
    10  certificate holder in a manner conspicuous to the public. The
    11  renewal of the certificate of authorization shall coincide with
    12  the renewal of the license of the licensee. Licensees making
    13  application for a certificate of authorization shall present
    14  satisfactory evidence to the board of all of the following:
    15     (1)  That the licensee has:
    16     (i)  passed an examination for licensure to practice physical
    17  therapy, which examination included testing on the appropriate
    18  evaluative procedures to treat [a person] an individual without
    19  a referral; or
    20     (ii)  passed an examination for licensure to practice
    21  physical therapy prior to 1990 and successfully completed a
    22  course approved by the board on the appropriate evaluative
    23  procedures to treat [a person] an individual without a referral.
    24     (2)  That the licensee has:
    25     (i)  practiced physical therapy as a licensed physical
    26  therapist in the delivery of patient care in accordance with
    27  this act on a continuous basis for at least two years
    28  immediately preceding the application for a certificate of
    29  authorization;
    30     (ii)  been licensed under section 6(d.1) and has practiced
    20070H1199B3239                 - 20 -     

     1  physical therapy in the delivery of patient care as a licensed
     2  physical therapist in a reciprocal state on a continuous basis
     3  for at least two years immediately preceding the application for
     4  a certificate of authorization; or
     5     (iii)  provided proof of meeting the standards of clause (i)
     6  or (ii) of this paragraph through the application of any
     7  combination thereof.
     8     (3)  That the license of that licensee has been maintained in
     9  good standing.
    10     (4)  That the licensee has professional liability insurance
    11  in accordance with the following provisions:
    12     (i)  [Beginning with the first license renewal period at
    13  least two years after the effective date of this subsection or
    14  upon first making application for a certificate of
    15  authorization, whichever occurs earlier, any licensee applying
    16  for and obtaining a certificate of authorization shall obtain
    17  and maintain, to the satisfaction of the board, professional
    18  liability insurance coverage in the minimum amounts required to
    19  be maintained by physicians pursuant to the act of October 15,
    20  1975 (P.L.390, No.111), known as the "Health Care Services
    21  Malpractice Act." The professional liability insurance coverage
    22  shall remain in effect as long as that licensee has a
    23  certificate of authorization.] A licensee with a certificate of
    24  authorization under this act practicing in this Commonwealth
    25  shall maintain a level of professional liability insurance
    26  coverage as required for a nonparticipating health care provider
    27  under the act of March 20, 2002 (P.L.154, No.13), known as the
    28  "Medical Care Availability and Reduction of Error (Mcare) Act,"
    29  but shall not be eligible to participate in the Medical Care
    30  Availability and Reduction of Error (Mcare) Fund.
    20070H1199B3239                 - 21 -     

     1     (i.1)  The board shall accept from a licensee with a
     2  certificate of authorization as satisfactory evidence of
     3  insurance coverage any of the following:
     4     (A)  Self-insurance.
     5     (B)  Personally purchased liability insurance.
     6     (C)  Professional liability insurance coverage provided by
     7  the licensee's employer.
     8     (D)  Similar insurance coverage acceptable to the board.
     9     (i.2)  A licensee with a certificate of authorization under
    10  this act need not be separately insured if the licensee's
    11  employer is a health care provider as defined by the "Medical
    12  Care Availability and Reduction of Error (Mcare) Act" that
    13  maintains insurance as required by Mcare; or whose employer is
    14  not a health care provider as defined by the "Medical Care
    15  Availability and Reduction of Error (Mcare) Act," but who
    16  maintains insurance at the level required of a nonparticipating
    17  health care provider under the "Medical Care Availability and
    18  Reduction of Error (Mcare) Act."
    19     (ii)  A licensee shall notify the board within [30] 10 days
    20  of the licensee's failure to be covered by the required
    21  insurance. Failure to notify the board shall be actionable under
    22  section 11 or 12. Further, the certificate of authorization of
    23  that licensee shall automatically be suspended upon failure to
    24  be covered by the required insurance and shall not be restored
    25  until submission to the board of satisfactory evidence that the
    26  licensee has the required professional liability insurance
    27  coverage.
    28     [(iii)  The board shall accept from licensees as satisfactory
    29  evidence of insurance coverage under this subsection any or all
    30  of the following: self-insurance, personally purchased
    20070H1199B3239                 - 22 -     

     1  professional liability insurance, professional liability
     2  insurance coverage provided by the licensee's employer or any
     3  similar type of coverage.]
     4     (iv)  The board shall adopt, by regulation, standards and
     5  procedures established by the Insurance Commissioner for self-
     6  insurance. In the absence of these standards and procedures, the
     7  board, after consultation with the Insurance Commissioner, shall
     8  establish standards and procedures by regulation for self-
     9  insurance under this subsection.
    10     (c)  (1)  For each renewal of the certificate of
    11  authorization, the licensee shall complete within the
    12  immediately preceding two-year period at least [20] 30 hours of
    13  continuing physical therapy education related to keeping the
    14  certificate holder apprised of advancements and new developments
    15  in the practice of the physical therapy profession. At least ten
    16  of the [20] 30 hours shall be in appropriate evaluative
    17  procedures to treat [a person] an individual without a referral.
    18  No credit shall be given for any course in office management or
    19  practice building. The licensee shall provide the board with
    20  evidence of the completion of the continuing education.
    21     (2)  Continuing education programs and program providers
    22  under this subsection shall be approved by the board in
    23  accordance with standards and criteria established by the board
    24  by regulation. The regulation shall include any fees necessary
    25  to implement this provision and provide for waiver of the
    26  continuing education requirement due to illness or hardship in
    27  any licensing renewal period.
    28     [(3)  The requirements for continuing physical therapy
    29  education shall not apply until the first renewal of the
    30  certificate of authorization at least two years after the
    20070H1199B3239                 - 23 -     

     1  effective date of this subsection. No credit shall be given for
     2  any course in office management or practice building.]
     3     (d)  A physical therapist practicing physical therapy under
     4  this act shall refer patients to a licensed physician or other
     5  appropriate health care practitioner in any of the following
     6  cases:
     7     (1)  Cases where symptoms are present for which physical
     8  therapy is a contraindication.
     9     (2)  Cases for which treatment is outside the scope of
    10  practice of physical therapy.
    11     (3)  Cases for which treatment is beyond the education,
    12  expertise or experience of the physical therapist.
    13     (e)  A physical therapist may treat [a person] an individual
    14  without a referral as provided for in subsection (b) for up to
    15  30 days from the date of the first treatment. A physical
    16  therapist shall not treat [a person] an individual beyond 30
    17  days from the date of the first treatment unless he or she has
    18  obtained a referral from a licensed physician[, dentist or
    19  podiatrist.]; a licensed physician assistant practicing pursuant
    20  to a written agreement with a physician; a certified registered
    21  nurse practitioner practicing pursuant to a collaborative
    22  agreement with a physician; or a licensed dentist or licensed
    23  podiatrist, for the treatment of a condition that is within the
    24  scope of practice of dentistry or podiatry. The date of the
    25  first treatment for purposes of this subsection is the date the
    26  [person] individual is treated by any physical therapist
    27  treating without a referral.
    28     (f)  Nothing in this section shall be construed to require or
    29  preclude third-party insurance reimbursement. Nothing herein
    30  shall preclude an insurer or other third-party payor from
    20070H1199B3239                 - 24 -     

     1  requiring that a physical therapist obtain a referral from a
     2  licensed physician[, dentist or podiatrist or]; a licensed
     3  physician assistant practicing pursuant to a written agreement
     4  with a physician; a certified registered nurse practitioner
     5  practicing pursuant to a collaborative agreement with a
     6  physician; or a licensed dentist or licensed podiatrist, for the
     7  treatment of a condition that is within the scope of practice of
     8  dentistry or podiatry; or that a physical therapist file an
     9  evaluation and treatment plan with the insurer or third-party
    10  payor as a precondition of reimbursement.
    11     Section 9.  Sections 9.1 and 9.2 of the act, added December
    12  20, 1985 (P.L.500, No.117), are amended to read:
    13     Section 9.1.  Physical Therapist Assistant; Education and
    14  Examination; Scope of Duties; [Registration] Certification.--(a)
    15  To be eligible [to register with] for certification by the board
    16  as a physical therapist assistant, an applicant must be at least
    17  [20] 18 years of age unless otherwise determined by the board,
    18  be of good moral character, not be addicted to the habitual use
    19  of alcohol or narcotics or other habit-forming drugs, be a
    20  graduate of a physical therapist assistant program adopted by
    21  the board, which program has been approved for the education and
    22  training for physical therapist assistants by the appropriate
    23  nationally recognized accrediting agency and be successful in
    24  passing an examination adopted by the board, subject to rules
    25  and regulations established by the board and administered in
    26  accordance with section 812.1 of the act of April 9, 1929
    27  (P.L.177, No.175), known as "The Administrative Code of 1929."
    28  No applicant shall be [registered] certified unless he has
    29  attained passing scores established by the [testing agency]
    30  board and published prior to the administration of the
    20070H1199B3239                 - 25 -     

     1  examination.
     2     (a.1)  Upon the submission of an application, as provided by
     3  the board, the board shall issue a temporary certificate to an
     4  applicant for certification who has met all of the requirements
     5  of subsection (a) and who is eligible to take the examination
     6  provided for in subsection (a). The board shall issue only one
     7  temporary certificate to an applicant, and the temporary
     8  certificate shall expire upon failure of the first examination
     9  or six months after the date of issue, whichever first occurs.
    10  Issuance by the board of a temporary certificate shall permit
    11  the applicant to provide physical therapy acts and services only
    12  while under the direct on-premises supervision of a licensed
    13  physical therapist. Upon expiration, the temporary certificate
    14  shall be promptly returned by the applicant to the board.
    15     (b)  An applicant for certification must take the applicant's  <--
    16  first examination within one year of graduation from a physical
    17  therapist assistant program, unless such time limit is extended
    18  for an applicant by board action for good cause. In case of
    19  failure of the first examination, the applicant for
    20  [registration] certification shall have, after the expiration of
    21  [six months] 60 days and within [two years] one year from the
    22  first failure, the privilege of a second examination. The board
    23  may adopt regulations governing the eligibility of applicants
    24  who have failed to pass two examinations in order to be admitted
    25  to subsequent examinations.
    26     (c)  A physical therapist assistant while assisting a
    27  licensed physical therapist in the practice of physical therapy
    28  shall only perform patient-related physical therapy acts and
    29  services that are assigned or delegated by and under the [direct
    30  on-premises] supervision of a licensed physical therapist. Such
    20070H1199B3239                 - 26 -     

     1  acts and services of a physical therapist assistant shall not
     2  include evaluation, testing, interpretation, planning or
     3  modification of patient programs. For purposes of this section
     4  the term ["direct on-premises supervision" shall mean the
     5  physical presence of a licensed physical therapist on the
     6  premises who is immediately available to exercise supervision,
     7  direction and control.] "supervision" means as follows:
     8     (1)  In all practice settings, the performance of selected
     9  acts and services by the physical therapist assistant shall be:
    10     (i)  The responsibility of the licensed physical therapist at
    11  all times.
    12     (ii)  Consistent with safe and legal physical therapy
    13  practice.
    14     (iii)  Predicated on the following factors:
    15     (A)  Complexity and acuity of the patient's needs.
    16     (B)  Proximity and accessibility of the licensed physical
    17  therapist to the certified physical therapist assistant.
    18     (C)  Supervision available in the event of an emergency or
    19  critical event.
    20     (D)  Type of setting in which the service is provided.
    21     (2)  In all practice settings and relating to physical
    22  therapy intervention, the initial patient contact shall be made
    23  by a licensed physical therapist for evaluation of the patient
    24  and establishment of a plan of care.
    25     (3)  Supervision requirements of a physical therapist
    26  assistant shall be dependent upon the practice setting in which
    27  the care is delivered:
    28     (i)  When care is delivered to an individual in an acute care
    29  hospital, acute inpatient rehabilitation center, long-term acute
    30  care hospital facility setting or as otherwise required by law
    20070H1199B3239                 - 27 -     

     1  or regulation, the physical therapist assistant shall be under
     2  the direct on-premises supervision of a licensed physical
     3  therapist.
     4     (ii)  When care is provided to an individual in a preschool,
     5  primary school, secondary school or other similar educational
     6  setting, a licensed physical therapist shall make an onsite
     7  visit and examine the patient at least every four patient visits
     8  or every 30 days, whichever shall occur first.
     9     (iii)  When care is provided to an individual A PATIENT in an  <--
    10  independent private practice outpatient facility, a licensed
    11  physical therapist shall be present for at least 50% of any work  <--
    12  week. PROVIDE DIRECT ON-PREMISES SUPERVISION OF A PHYSICAL        <--
    13  THERAPIST ASSISTANT FOR AT LEAST 50% OF THE HOURS WORKED BY THE
    14  PHYSICAL THERAPIST ASSISTANT DURING THE WORKWEEK UNLESS
    15  OTHERWISE REQUIRED BY LAW, AND THE PHYSICAL THERAPIST SHALL BE
    16  IMMEDIATELY AVAILABLE BY TELECOMMUNICATION IF NOT PROVIDING
    17  DIRECT ON-PREMISES SUPERVISION.
    18     (iv)  For any home health care, facility or practice setting
    19  not specified in subparagraph (i), (ii) or (iii), a licensed
    20  physical therapist shall make an onsite visit and examine         <--
    21  ACTIVELY PARTICIPATE IN THE TREATMENT OF the patient at least     <--
    22  every seven patient visits or every 14 days, whichever shall
    23  occur first.
    24  The board shall review and make recommendations relating to the
    25  requirements of this paragraph three years following the
    26  effective date of this paragraph.
    27     (4)  In all practice settings, a physical therapist assistant
    28  shall be under the direct on-premises supervision of a licensed
    29  physical therapist until the physical therapist assistant
    30  submits for approval evidence satisfactory to the board of:
    20070H1199B3239                 - 28 -     

     1     (i)  at least 2,000 hours of experience providing patient-
     2  related acts and services verified by a supervising licensed
     3  physical therapist; or
     4     (ii)  employment as a physical therapist assistant for at
     5  least three of the five years immediately preceding the
     6  effective date of this paragraph.
     7     (5)  Upon compliance with paragraph (4), a physical therapist
     8  assistant may only provide physical therapy acts and services
     9  when the licensed physical therapist is available and accessible
    10  in person or by telecommunication to the physical therapist
    11  assistant during all working hours of the physical therapist
    12  assistant and is present within a 100-mile radius of the
    13  treatment location. A physical therapist assistant shall consult
    14  with the supervising physical therapist in the event of a change
    15  in the patient's condition which may require the assessment of a
    16  licensed physical therapist.
    17     (6)  A licensed physical therapist shall not supervise more
    18  than three physical therapist assistants at any time.
    19     (7)  In the event of a change of the supervising licensed
    20  physical therapist, the subsequent supervisor shall assume
    21  responsibility for the ongoing supervision of any certified
    22  physical therapist assistant providing physical therapy acts and
    23  services and shall become the supervising physical therapist.
    24     (d)  Only [a person] an individual who has been properly
    25  [registered] certified as a physical therapist assistant with
    26  the board, pursuant to the provisions of this section and rules
    27  and regulations promulgated by the board thereto, shall assist a
    28  licensed physical therapist in the practice of physical therapy
    29  as a physical therapist assistant and use the title "physical
    30  therapist [assistant."] assistant" and the abbreviation "PTA."
    20070H1199B3239                 - 29 -     

     1     [(e)  The qualifications provision of this section shall not
     2  apply and an applicant shall be registered without examination
     3  if the applicant has submitted an application for registration
     4  accompanied by an application fee as specified by the board
     5  within two years after the effective date of this amendatory act
     6  and is a resident of Pennsylvania or has practiced in this
     7  Commonwealth for a two-year period; and
     8     (1)  on the effective date of this amendatory act, is a
     9  graduate of a physical therapist assistant program acceptable to
    10  the board and has engaged in physical therapist assistant
    11  practice acceptable to the board for two years; and
    12     (2)  on the effective date of this amendatory act, is listed
    13  with the board as a physical therapist assistant.]
    14     (f)  The board shall issue, renew, revoke or suspend the
    15  [registration] certification of physical therapist assistants
    16  pursuant to rules and regulations promulgated by the board. All
    17  actions of the board shall be taken subject to the right of
    18  notice, hearing and adjudication and the right of appeal
    19  therefrom in accordance with Title 2 of the Pennsylvania
    20  Consolidated Statutes (relating to administrative law and
    21  procedure).
    22     (g)  Unless ordered to do so by a court, the board shall not
    23  reinstate the [registration of a person] certification of an
    24  individual to practice as a physical therapist assistant which
    25  has been revoked, and such [person] individual shall be required
    26  to apply for [registration] certification after a five-year
    27  period in accordance with the provisions of this section,
    28  including the examination requirement, if he desires to practice
    29  at any time after such revocation.
    30     (h)  A physical therapist assistant may not authorize the
    20070H1199B3239                 - 30 -     

     1  discharge of a patient from physical therapy services.
     2     (i)  In an emergency situation which causes the unanticipated
     3  absence of the supervising physical therapist for not more than
     4  two days per month, a certified physical therapist assistant may
     5  continue to render services to only those patients for which the
     6  certified physical therapist assistant has previously
     7  participated in the intervention for established plans of care
     8  not to exceed the regularly scheduled operational hours of the
     9  particular day or days the supervising physical therapist is
    10  absent. Every effort shall be made by the licensed physical
    11  therapist or certified physical therapist assistant to obtain
    12  supervision in the care described in this subsection. A licensee
    13  utilizing this section shall submit a report to the board
    14  annually BIENNIALLY setting forth each day absent under this      <--
    15  paragraph and the reason for such absence. A licensed physical
    16  therapist may utilize this emergency provision no more than ten
    17  days per calendar year.
    18     (j)  For each certificate renewal, a certificate holder shall
    19  complete within the immediately preceding two-year period at
    20  least 30 hours of continuing physical therapy education as
    21  approved by the board in accordance with standards and criteria
    22  established by the board by regulation. The certificate holder
    23  shall provide the board with evidence of the completion of the
    24  continuing education.
    25     Section 9.2.  Supportive Personnel.--Nothing in this act [or
    26  the act of October 10, 1975 (P.L.383, No.110), known as the
    27  "Physical Therapy Practice Act,"] shall prohibit a licensed
    28  physical therapist from assigning or delegating various
    29  activities to other [persons] individuals who may, from time to
    30  time, aid and assist a licensed physical therapist or certified
    20070H1199B3239                 - 31 -     

     1  physical therapist assistant in the provision of physical
     2  therapy services; provided that such activities are performed
     3  under the direct on-premises supervision of a licensed physical
     4  therapist or certified physical therapist assistant and the
     5  level of such activities do not require formal education or
     6  training in the practice of physical therapy, the skill and
     7  knowledge of a licensed physical therapist and the skill and
     8  knowledge of a properly [registered] certified physical
     9  therapist assistant.
    10     Section 10.  Section 10.1 of the act, added April 4, 1984
    11  (P.L.196, No.41), is repealed:
    12     [Section 10.1.  Athletic Trainer Advisory Committee
    13  Created.--There is hereby created an advisory committee to be
    14  known as the Athletic Trainer Advisory Committee which shall be
    15  appointed by and serve at the pleasure of the board for the
    16  purpose of carrying out the provisions of this act as it relates
    17  to athletic trainers. The Athletic Trainer Advisory Committee
    18  shall assist the board in the certification, renewal, revocation
    19  or suspension of athletic trainers in accordance with this act
    20  and rules and regulations and as the board deems appropriate.
    21  The Athletic Trainer Advisory Committee shall consist of no more
    22  than three members who shall be certified athletic trainers and
    23  who shall receive reimbursement for actual traveling expenses
    24  related to their service to the board and a per diem to be fixed
    25  from time to time by the Governor's Executive Board but not less
    26  than $35 per day. Advisory committee members may be selected by
    27  the board from a list of qualified athletic trainers provided by
    28  the Pennsylvania Athletic Trainers Society. Members of the
    29  advisory committee shall serve for three years except that the
    30  initial committee membership shall be appointed to serve for
    20070H1199B3239                 - 32 -     

     1  staggered terms of one, two and three years respectively.]
     2     Section 11.  Section 10.2 of the act, amended or added April
     3  4, 1984 (P.L.196, No.41) and December 20, 1985 (P.L.500,
     4  No.117), is repealed:
     5     [Section 10.2.  Certification of Athletic Trainers;
     6  Certification Renewal, Revocation or Suspension.--(a)  The board
     7  shall have the power to adopt rules and regulations governing
     8  the certification of athletic trainers. Such rules and
     9  regulations shall establish standards necessary to Commonwealth
    10  certification in the following categories:
    11     (1)  Approved educational program standards.
    12     (2)  Education degree requirements for certification.
    13     (3)  Practical training experience requirements for
    14  certification.
    15     (4)  Other requirements necessary for the proper, ethical and
    16  professional training of persons applying for certification,
    17  which are deemed appropriate by the board.
    18  Regulations promulgated pursuant to this section shall be
    19  formulated with the advice and consultation of the Athletic
    20  Trainer Advisory Committee.
    21     (b)  The board shall issue certification certificates to
    22  individuals seeking certification as athletic trainers after its
    23  review of a proper certification application presented on forms
    24  prescribed by the board which evidences the satisfaction of the
    25  standards promulgated by rules in accordance with the provisions
    26  in subsection (a) and further upon payment of an appropriate fee
    27  to be set by the board after consultation with the commissioner.
    28     (c)  The board shall renew, revoke or suspend the
    29  certification of athletic trainers pursuant to rules and
    30  regulations formulated in consultation with the Athletic Trainer
    20070H1199B3239                 - 33 -     

     1  Advisory Committee. All actions of the board shall be taken
     2  subject to the right of notice, hearing and adjudication and the
     3  right of appeal therefrom in accordance with Title 2 of the
     4  Pennsylvania Consolidated Statutes (relating to administrative
     5  law and procedure).
     6     (d)  Unless ordered to do so by a court, the board shall not
     7  reinstate the certificate of a person to practice as an athletic
     8  trainer which has been revoked, and such person shall be
     9  required to apply for a certificate after a five-year period in
    10  accordance with this section, if he desires to practice at any
    11  time after such revocation.]
    12     Section 12.  Section 11 of the act, amended December 20, 1985
    13  (P.L.500, No.117) and February 21, 2002 (P.L.90, No.6), is
    14  amended to read:
    15     Section 11.  Refusal or Suspension or Revocation of License
    16  or Certificate.--(a)  [The] Except as otherwise provided in this
    17  act, the board shall refuse to issue a license or certificate to
    18  [any person] an individual and after notice and hearing in
    19  accordance with rules and regulations, may suspend or revoke the
    20  license or certificate of [any person] an individual who has:
    21     (1)  been found to have violated any of the provisions of
    22  section 9;
    23     (2)  attempted to or obtained licensure or certification by
    24  fraud or misrepresentation;
    25     (2.1)  attempted to engage in conduct that subverts or
    26  undermines the integrity of the examination or the examination
    27  process;
    28     (3)  committed repeated occasions of negligence or
    29  incompetence in the practice of physical therapy;
    30     (4)  been convicted of a felony or a crime of moral turpitude
    20070H1199B3239                 - 34 -     

     1  in a Federal court or in the courts of this Commonwealth or any
     2  other state, territory or country. Conviction, as used in this
     3  paragraph, shall include a finding or verdict of guilt, an
     4  admission of guilt or a plea of nolo contendere;
     5     (5)  habitually indulged in the use of narcotics or other
     6  habit-forming drugs, or excessively indulged in the use of
     7  alcoholic liquors;
     8     (6)  been found guilty of unprofessional conduct.
     9  Unprofessional conduct shall include any departure from or the
    10  failure to conform to the minimal standards of acceptable and
    11  prevailing physical therapy practice, including the recognized
    12  standards of ethics of the physical therapy profession, in which
    13  proceeding actual injury to a patient need not be established;
    14     (7)  treated or undertaken to treat human ailments otherwise
    15  than by physical therapy as defined in this act;
    16     (8)  had his license or certificate to practice physical
    17  therapy revoked or suspended or having other disciplinary action
    18  taken, or his application for a license or certificate refused,
    19  revoked or suspended by the proper licensing or certifying
    20  authority of another state, territory or country; [and]
    21     (9)  made misleading, deceptive, untrue or fraudulent
    22  representations in violation of this act or otherwise in the
    23  practice of the profession[.];
    24     (10)  in the case of a licensed physical therapist who failed
    25  to supervise physical therapist assistants or supportive
    26  personnel in accordance with this act or board regulation; or
    27     (11)  knowingly aiding, assisting, procuring or advising any
    28  unlicensed individual to practice a profession contrary to this
    29  act or regulations of the board.
    30     (b)  All actions of the board shall be taken subject to the
    20070H1199B3239                 - 35 -     

     1  right of notice, hearing and adjudication and the right of
     2  appeal therefrom in accordance with Title 2 of the Pennsylvania
     3  Consolidated Statutes (relating to administrative law and
     4  procedure).
     5     (c)  Unless ordered to do so by a court, the board shall not
     6  reinstate the license of [a person to practice as a physical
     7  therapist] an individual to practice as a physical therapist or
     8  the certificate of an individual certified to practice as a
     9  physical therapist assistant which has been revoked, and such
    10  [person] individual shall be required to apply for a license or
    11  certificate after a five-year period in accordance with section
    12  6, if he desires to practice at any time after such revocation.
    13     (d)  The board may accept the voluntary surrender of a         <--
    14  license or certificate based upon an order of consent from the
    15  board.
    16     Section 13.  Sections 11.1, 11.2 and 11.3 of the act, added
    17  December 20, 1985 (P.L.500, No.117), are amended to read:
    18     Section 11.1.  Automatic Suspension.--A license[,
    19  registration] or certificate issued under this act shall
    20  automatically be suspended upon the legal commitment of a
    21  licensee[, registrant] or certificate holder to an institution
    22  because of mental incompetency from any cause upon filing with
    23  the board a certified copy of such commitment; conviction of a
    24  felony under the act of April 14, 1972 (P.L.233, No.64), known
    25  as "The Controlled Substance, Drug, Device and Cosmetic Act"; or
    26  conviction of an offense under the laws of another jurisdiction
    27  which, if committed in Pennsylvania, would be a felony under
    28  "The Controlled Substance, Drug, Device and Cosmetic Act." As
    29  used in this section the term "conviction" shall include a
    30  judgment, an admission of guilty or a plea of nolo contendere.
    20070H1199B3239                 - 36 -     

     1  Automatic suspension under this section shall not be stayed
     2  pending any appeal of a conviction. Restoration of such
     3  license[, registration] or certificate shall be made as provided
     4  in this act for revocation or suspension of such license[,
     5  registrant] or certificate holder.
     6     Section 11.2.  Temporary Suspension.--The board shall
     7  temporarily suspend a license[, registration] or certificate
     8  under circumstances as determined by the board to be an
     9  immediate and clear danger to the public health or safety. The
    10  board shall issue an order to that effect without a hearing, but
    11  upon due notice, to the licensee[, registrant] or certificate
    12  holder concerned at his last known address, which shall include
    13  a written statement of all allegations against the licensee[,
    14  registrant] or certificate holder. The provisions of section
    15  11(c) shall not apply to temporary suspension. The board shall
    16  thereupon commence formal action to suspend, revoke or restrict
    17  the license[, registration] or certificate of the [person]
    18  individual concerned as otherwise provided for in this act. All
    19  actions shall be taken promptly and without delay. Within 30
    20  days following the issuance of an order temporarily suspending a
    21  license[, registration] or certificate, the board shall conduct,
    22  or cause to be conducted, a preliminary hearing to determine
    23  that there is a prima facie case supporting the suspension. The
    24  licensee[, registrant] or certificate holder whose license[,
    25  registration] or certificate has been temporarily suspended may
    26  be present at the preliminary hearing and may be represented by
    27  counsel, cross-examine witnesses, inspect physical evidence,
    28  call witnesses, offer evidence and testimony and make a record
    29  of the proceedings. If it is determined that there is not a
    30  prima facie case, the suspended license[, registration] or
    20070H1199B3239                 - 37 -     

     1  certificate shall be immediately restored. The temporary
     2  suspension shall remain in effect until vacated by the board,
     3  but in no event longer than 180 days.
     4     Section 11.3.  Subpoenas; Examinations; Reports; Surrender of
     5  License.--(a)  The board shall have the authority to issue
     6  subpoenas, upon application of an attorney responsible for
     7  representing the Commonwealth in disciplinary matters before the
     8  board, for the purpose of investigating alleged violations of
     9  the disciplinary provisions administered by the board. The board
    10  shall have the power to subpoena witnesses, to administer oaths,
    11  to examine witnesses and to take testimony or compel the
    12  production of books, records, papers and documents as it may
    13  deem necessary or proper in and pertinent to any proceeding,
    14  investigation or hearing held by it. Patient records may not be
    15  subpoenaed without consent of the patient or without order of a
    16  court of competent jurisdiction on a showing that the records
    17  are reasonably necessary for the conduct of the investigation.
    18  The court may impose such limitations on the scope of the
    19  subpoena as are necessary to prevent unnecessary intrusion into
    20  patient confidential information. The board is authorized to
    21  apply to Commonwealth Court to enforce its subpoenas.
    22     (b)  An attorney responsible for representing the
    23  Commonwealth in disciplinary matters before the board shall
    24  notify the board immediately upon receiving notification of an
    25  alleged violation of this act. The board shall maintain current
    26  records of all reports of alleged violations and periodically
    27  review the records for the purpose of determining that each
    28  alleged violation has been resolved in a timely manner.
    29     (c)  The board shall require [a person] an individual whose
    30  license[,] or certificate [or registration] has been suspended
    20070H1199B3239                 - 38 -     

     1  or revoked to return the license[,] or certificate [or
     2  registration] in such manner as the board directs. [A person] An
     3  individual who fails to do so commits a misdemeanor of the third
     4  degree.
     5     (d)  The board, upon probable cause, has authority to compel
     6  a licensee or certificate holder to submit to a mental or
     7  physical examination by a physician approved by the board.
     8  Failure of a licensee or certificate holder to submit to an
     9  examination when directed by the board, unless the failure is
    10  due to circumstances beyond the licensee's or certificate
    11  holder's control, shall constitute an admission of the
    12  allegations against the licensee or certificate holder,
    13  consequent upon which a default and final order may be entered
    14  without the taking of testimony or presentation of evidence.
    15     (e)  A licensee or certificate holder affected shall, at
    16  reasonable intervals as determined by the board, be afforded an
    17  opportunity to demonstrate that the licensee or certificate
    18  holder can resume competent practice with reasonable skill and
    19  safety.
    20     Section 14.  Section 12 of the act, amended April 4, 1984
    21  (P.L.196, No.41) and December 20, 1985 (P.L.500, No.117), is
    22  amended to read:
    23     Section 12.  Penalties; Injunctive Relief.--(a)  [Any person]
    24  An individual who violates any provision of this act shall be
    25  guilty of a misdemeanor, as herein set forth, and upon
    26  conviction thereof shall be punished by a fine of not less than
    27  [$100] $500 nor more than [$500] $1,000 or by imprisonment for
    28  not less than 30 days nor more than 90 days, or by both such
    29  fine and imprisonment; and on each additional offense shall be
    30  subject to a fine of not less than $1,000 and imprisonment of
    20070H1199B3239                 - 39 -     

     1  not less than six months nor more than one year, at the
     2  discretion of the court.
     3     (b)  The board may, in the name of the people of the
     4  Commonwealth of Pennsylvania, through the Attorney General's
     5  Office, apply for injunctive relief in any court of competent
     6  jurisdiction to enjoin [any person] an individual from
     7  committing any act in violation of this act. Such injunction
     8  proceedings shall be in addition to, and not in lieu of, all
     9  penalties and other remedies in this act.
    10     (c)  In addition to any other civil remedy or criminal
    11  penalty provided for in this act, the board, by a vote of the
    12  majority of the maximum number of the authorized membership of
    13  the board as provided by this act or by a vote of the majority
    14  of the qualified and confirmed membership or a minimum of four
    15  members, whichever is greater, may levy a civil penalty of up to
    16  $1,000 on any current licensee or [registrant] certificate
    17  holder who violates any provisions of this act or on [any
    18  person] an individual who practices physical therapy without
    19  being properly licensed to do so under this act or who practices
    20  as a physical therapist assistant without being properly
    21  [registered] certified to do so under this act. The board shall
    22  levy this penalty only after affording the accused party the
    23  opportunity for a hearing, as provided in Title 2 of the
    24  Pennsylvania Consolidated Statutes (relating to administrative
    25  law and procedure).
    26     (d)  All fines and civil penalties imposed in accordance with
    27  this section shall be paid into the Professional Licensure
    28  Augmentation Account.
    29     Section 15.  Section 13 of the act, added December 20, 1985
    30  (P.L.500, No.117), is amended to read:
    20070H1199B3239                 - 40 -     

     1     Section 13.  Impaired Professional.--(a)  The board, with the
     2  approval of the Commissioner of Professional and Occupational
     3  Affairs, shall appoint and fix the compensation of a
     4  professional consultant who is a licensee of the board, or such
     5  other professional as the board may determine, with education
     6  and experience in the identification, treatment and
     7  rehabilitation of [persons] individuals with physical or mental
     8  impairments. Such consultant shall be accountable to the board
     9  and shall act as a liaison between the board and treatment
    10  programs, such as alcohol and drug treatment programs licensed
    11  by the Department of Health, psychological counseling and
    12  impaired professional support groups, which are approved by the
    13  board and which provide services to licensees or certificate
    14  holders under this act.
    15     (b)  The board may defer and ultimately dismiss any of the
    16  types of corrective action set forth in this act for an impaired
    17  professional so long as the professional is progressing
    18  satisfactorily in an approved treatment program, provided that
    19  the provisions of this subsection shall not apply to a
    20  professional convicted of a felonious act prohibited by the act
    21  of April 14, 1972 (P.L.233, No.64), known as "The Controlled
    22  Substance, Drug, Device and Cosmetic Act," or convicted of a
    23  felony relating to a controlled substance in a court of law of
    24  the United States or any other state, territory or country. An
    25  approved program provider shall, upon request, disclose to the
    26  consultant such information in its possession regarding an
    27  impaired professional in treatment which the program provider is
    28  not prohibited from disclosing by an act of this Commonwealth,
    29  another state or the United States. Such requirement of
    30  disclosure by an approved program provider shall apply in the
    20070H1199B3239                 - 41 -     

     1  case of impaired professionals who enter an agreement in
     2  accordance with this section, impaired professionals who are the
     3  subject of a board investigation or disciplinary proceeding and
     4  impaired professionals who voluntarily enter a treatment program
     5  other than under the provisions of this section but who fail to
     6  complete the program successfully or to adhere to an after-care
     7  plan developed by the program provider.
     8     (c)  An impaired professional who enrolls in an approved
     9  treatment program shall enter into an agreement with the board
    10  under which the professional's license or certificate shall be
    11  suspended or revoked, but enforcement of that suspension or
    12  revocation may be stayed for the length of time the professional
    13  remains in the program and makes satisfactory progress, complies
    14  with the terms of the agreement and adheres to any limitations
    15  on his practice imposed by the board to protect the public.
    16  Failure to enter into such an agreement shall disqualify the
    17  professional from the impaired professional program and shall
    18  activate an immediate investigation and disciplinary proceeding
    19  by the board.
    20     (d)  If, in the opinion of the consultant after consultation
    21  with the provider, an impaired professional who is enrolled in
    22  an approved treatment program has not progressed satisfactorily,
    23  the consultant shall disclose to the board all information in
    24  his possession regarding said professional, and the board shall
    25  institute proceedings to determine if the stay of the
    26  enforcement of the suspension or revocation of the impaired
    27  professional's license or certificate shall be vacated.
    28     (e)  An approved program provider who makes a disclosure
    29  pursuant to this section shall not be subject to civil liability
    30  for such disclosure or its consequences.
    20070H1199B3239                 - 42 -     

     1     (f)  Any hospital or health care facility, peer or colleague
     2  who has substantial evidence that a professional has an active
     3  addictive disease for which the professional is not receiving
     4  treatment, is diverting a controlled substance or is mentally or
     5  physically incompetent to carry out the duties of his or her
     6  license or certification shall make or cause to be made a report
     7  to the board: Provided, That [any person] an individual or
     8  facility who acts in a treatment capacity to an impaired
     9  physical therapist in an approved treatment program is exempt
    10  from the mandatory reporting requirements of this subsection.
    11  [Any person or facility who reports pursuant to this section in
    12  good faith and without malice shall be immune from any civil or
    13  criminal liability arising from such report. Failure to provide
    14  such report within a reasonable time from receipt of knowledge
    15  of impairment shall subject the person or facility to a fine not
    16  to exceed $1,000. The board shall levy this penalty only after
    17  affording the accused party the opportunity for a hearing, as
    18  provided in Title 2 of the Pennsylvania Consolidated Statutes
    19  (relating to administrative law and procedure).]
    20     (g)  An individual or facility who reports pursuant to this
    21  section in good faith and without malice shall be immune from
    22  any civil or criminal liability arising from such report.
    23  Failure to provide a report within a reasonable time from
    24  receipt of knowledge of impairment shall subject the individual
    25  or facility to a fine not to exceed $1,000. The board shall levy
    26  this penalty only after affording the accused party the
    27  opportunity for a hearing as provided in Title 2 of the
    28  Pennsylvania Consolidated Statutes (relating to administrative
    29  law and procedure).
    30     Section 16.  The State Board of Physical Therapy shall
    20070H1199B3239                 - 43 -     

     1  promulgate regulations to implement the amendment or addition of
     2  sections 2, 2.1, 3, 4, 5, 6, 7, 7.1, 7.2, 9, 9.1, 9.2, 11, 11.1,
     3  11.2, 11.3, 12 and 13 of the act within 18 months of the
     4  effective date of this section.
     5     Section 17.  This act shall take effect in 60 days.

















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