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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1468, 3012, 3239,        PRINTER'S NO. 4189
        4033

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

        SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, JULY 3, 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


     1  Trainer Advisory Committee," "physical therapist assistant" and
     2  "physical therapy" in section 2 of the act of October 10, 1975
     3  (P.L.383, No.110), known as the Physical Therapy Practice Act,
     4  amended April 2, 2002 (P.L.234, No.27), are amended and the
     5  section is amended by adding definitions to read:
     6     Section 2.  Definitions.--The following definitions shall
     7  apply, when used in this act, unless otherwise expressed
     8  therein:
     9     ["Athletic trainer" shall mean a person certified by the
    10  State Board of Physical Therapy as an athletic trainer after
    11  meeting the requirements of this act and rules and regulations
    12  promulgated pursuant thereto.
    13     "Athletic Trainer Advisory Committee" shall mean the
    14  committee created by section 10.1 of this act to advise the
    15  board.]
    16     * * *
    17     "CERTIFICATE OF AUTHORIZATION" MEANS A CERTIFICATE, APPROVED   <--
    18  BY THE BOARD, TO PRACTICE PHYSICAL THERAPY WITHOUT A REFERRAL
    19  UNDER SECTION 9(A).
    20     "Certified Registered Nurse Practitioner" means an individual
    21  as defined in section 2 of the act of May 22, 1951 (P.L.317,
    22  No.69), known as "The Professional Nursing Law."
    23     * * *
    24     "Consultation by means of telecommunications" means that a
    25  physical therapist renders a professional opinion or advice
    26  regarding the practice of physical therapy to another physical
    27  therapist or licensed health care provider via
    28  telecommunications or computer technology from a distant
    29  location, subject to section 4(b.3)(5) and consistent with
    30  applicable health information privacy laws. It includes the
    20070H1199B4189                  - 2 -     

     1  review or transfer of patient records or related information by
     2  means of audio, video or data communication.
     3     "Dentist" means an individual as defined in 1 Pa.C.S. § 1991
     4  (relating to definitions).
     5     "Direct on-premises supervision" means the physical presence
     6  of a licensed physical therapist in the facility, INCLUDING       <--
     7  AFFILIATED BUILDINGS IN IMMEDIATE PROXIMITY, who is immediately
     8  available to exercise supervision, direction and control.
     9     "Facility" means the physical premises where physical therapy  <--
    10  services are being provided and all associated lands and
    11  buildings within the immediate proximity.
    12     * * *
    13     "Physical therapist assistant" shall mean [a person] an
    14  individual who has met all the requirements of this act and is
    15  [registered] certified as a physical therapist assistant in
    16  accordance with this act. ANY PERSON OR INDIVIDUAL WHO IS         <--
    17  REGISTERED AND IN GOOD STANDING WITH THE BOARD SHALL BE DEEMED
    18  CERTIFIED UNTIL SUCH TIME AS THE BOARD PROMULGATES REGULATIONS
    19  REGARDING CERTIFICATION.
    20     "Physical therapy" means [the evaluation and treatment of any  <--
    21  person by] evaluating, examining and testing individuals with
    22  mechanical, physiological and developmental impairments,
    23  functional limitations and disabilities or other health-related
    24  and movement-related conditions in order to determine a
    25  diagnosis, prognosis and plan of treatment intervention within
    26  the scope of this act, and to assess the ongoing effects of
    27  intervention. The practice of physical therapy includes the
    28  performance of tests and measurements as an aid in diagnosis or
    29  evaluation of function and the treatment of the individual
    30  through the utilization of the effective properties of physical
    20070H1199B4189                  - 3 -     

     1  measures such as mechanical stimulation, heat, cold, light, air,
     2  water, electricity, sound, massage, [mobilization]
     3  mobilization/manual therapy and the use of therapeutic exercises
     4  and rehabilitative procedures including training in functional
     5  activities, with or without the utilization of assistive
     6  devices, for the purpose of limiting or preventing disability
     7  and alleviating or correcting any physical or mental
     8  conditions[, and the performance of tests and measurements as an
     9  aid in diagnosis or evaluation of function]. The practice of
    10  physical therapy also includes reducing the risk of injury,
    11  impairment, functional limitation and disability as well as
    12  engaging in administration, consultation, education and
    13  research.
    14     "PHYSICAL THERAPY" MEANS [THE EVALUATION AND TREATMENT OF ANY  <--
    15  PERSON BY THE UTILIZATION OF THE EFFECTIVE PROPERTIES OF
    16  PHYSICAL MEASURES SUCH AS MECHANICAL STIMULATION, HEAT, COLD,
    17  LIGHT, AIR, WATER, ELECTRICITY, SOUND, MASSAGE, MOBILIZATION AND
    18  THE USE OF THERAPEUTIC EXERCISES AND REHABILITATIVE PROCEDURES
    19  INCLUDING TRAINING IN FUNCTIONAL ACTIVITIES, WITH OR WITHOUT
    20  ASSISTIVE DEVICES, FOR THE PURPOSE OF LIMITING OR PREVENTING
    21  DISABILITY AND ALLEVIATING OR CORRECTING ANY PHYSICAL OR MENTAL
    22  CONDITIONS, AND THE PERFORMANCE OF TESTS AND MEASUREMENTS AS AN
    23  AID IN DIAGNOSIS OR EVALUATION OF FUNCTION.] ANY OF THE
    24  FOLLOWING:
    25     (1)  THE EVALUATION, EXAMINATION AND TESTING OF INDIVIDUALS
    26  WITH MECHANICAL, PHYSIOLOGICAL AND DEVELOPMENTAL IMPAIRMENTS,
    27  FUNCTIONAL LIMITATIONS AND DISABILITIES, OTHER HEALTH-RELATED OR
    28  MOVEMENT-RELATED CONDITIONS, PERFORMED TO DETERMINE A DIAGNOSIS,
    29  PROGNOSIS AND PLAN OF TREATMENT INTERVENTION WITHIN THE SCOPE OF
    30  THIS ACT OR TO ASSESS THE ONGOING EFFECTS OF INTERVENTION.
    20070H1199B4189                  - 4 -     

     1     (2)  THE PERFORMANCE OF TESTS AND MEASUREMENTS AS AN AID IN
     2  DIAGNOSIS OR EVALUATION OF FUNCTION AND THE TREATMENT OF THE
     3  INDIVIDUAL THROUGH THE UTILIZATION OF THE EFFECTIVE PROPERTIES
     4  OF PHYSICAL MEASURES SUCH AS MECHANICAL STIMULATION, HEAT, COLD,
     5  LIGHT, AIR, WATER, ELECTRICITY, SOUND, MASSAGE, MOBILIZATION-
     6  MANUAL THERAPY.
     7     (3)  THE USE OF THERAPEUTIC EXERCISES AND REHABILITATIVE
     8  PROCEDURES INCLUDING TRAINING IN FUNCTIONAL ACTIVITIES, WITH OR
     9  WITHOUT THE UTILIZATION OF ASSISTIVE DEVICES, FOR THE PURPOSE OF
    10  LIMITING OR PREVENTING DISABILITY AND ALLEVIATING OR CORRECTING
    11  ANY PHYSICAL OR MENTAL CONDITIONS.
    12     (4)  REDUCING THE RISK OF INJURY, IMPAIRMENT, FUNCTIONAL
    13  LIMITATION AND DISABILITY, INCLUDING THE PROMOTION AND
    14  MAINTENANCE OF FITNESS, HEALTH AND WELLNESS IN POPULATIONS OF
    15  ALL AGES AS WELL AS ENGAGING IN ADMINISTRATION, CONSULTATION,
    16  EDUCATION AND RESEARCH.
    17     "PHYSICAL THERAPY INDEPENDENT PRIVATE PRACTICE OUTPATIENT
    18  FACILITY" MEANS A PRACTICE OWNED AND OPERATED BY A LICENSEE
    19  UNDER THIS ACT, OR BY A LICENSEE UNDER THIS ACT AND A HEALTH      <--
    20  CARE PRACTITIONER, LICENSED BY THIS COMMONWEALTH, AS PERMITTED
    21  BY LAW. THE TERM SHALL NOT INCLUDE A PRACTICE OWNED OR
    22  AFFILIATED WITH A HOSPITAL OR HEALTH CARE SYSTEM.
    23     "Physician assistant" means an individual as defined in the
    24  act of October 5, 1978 (P.L.1109, No.261), known as the
    25  "Osteopathic Medical Practice Act," or the act of December 20,
    26  1985 (P.L.457, No.112), known as the "Medical Practice Act of
    27  1985."
    28     "Podiatrist" means an individual licensed under the act of
    29  March 2, 1956 (1955 P.L.1206, No.375), known as the "Podiatry
    30  Practice Act."
    20070H1199B4189                  - 5 -     

     1     "UNRESTRICTED LICENSE" MEANS A LICENSE WHICH IS NOT            <--
     2  RESTRICTED OR LIMITED BY ORDER OF THE BOARD UNDER ITS
     3  DISCIPLINARY POWER.
     4     Section 2.  Section 2.1 of the act, amended or added December
     5  20, 1985 (P.L.500, No.117) and February 21, 2002 (P.L.90, No.6),
     6  is amended to read:
     7     Section 2.1.  State Board of Physical Therapy.--(a)  The
     8  board shall consist of [eleven] THIRTEEN members, all of whom     <--
     9  shall be residents of Pennsylvania. [Six] SEVEN members shall be  <--
    10  physical therapists [licensed] holding an active license to
    11  practice in this Commonwealth, each having had at least five
    12  years of experience as a physical therapist IN THIS               <--
    13  COMMONWEALTH, three years of which must have immediately
    14  preceded the appointment to the board. One member shall be a
    15  physical therapist assistant [currently registered] holding an
    16  active certificate with the board [or an athletic trainer
    17  currently certified by the board]. Two members shall be
    18  representatives of the public. One member shall be the
    19  Commissioner of Professional and Occupational Affairs. One
    20  member shall be the Physician General of the Commonwealth or his
    21  designee. ONE MEMBER SHALL BE THE ATTORNEY GENERAL OR A           <--
    22  DESIGNEE. The members of the board, OTHER THAN THE ATTORNEY       <--
    23  GENERAL, PHYSICIAN GENERAL AND COMMISSIONER, shall be appointed
    24  by the Governor, with the advice and consent of a majority of
    25  the members elected to the Senate. The board shall meet no less
    26  than four times per calendar year.
    27     (b)  Professional and public members [appointed after the
    28  expiration of the terms of current board members shall serve the
    29  following terms: one physical therapist shall serve one year;
    30  one physical therapist shall serve two years; one physical
    20070H1199B4189                  - 6 -     

     1  therapist and one public member shall serve three years; and two
     2  physical therapists, one physical therapist assistant and one
     3  public member shall serve four years. Thereafter, professional
     4  and public members shall serve] of the board shall serve
     5  staggered four-year terms. No member may be eligible for
     6  appointment to serve more than two consecutive terms. A member
     7  may continue to serve for a period not to exceed six months
     8  beyond the expiration of his term, if a successor has yet to be
     9  duly appointed and qualified according to law.
    10     (c)  The board shall select, from among their number, a
    11  chairman, a vice chairman and a secretary.
    12     (d)  A majority of the members of the board serving in
    13  accordance with law shall constitute a quorum for purposes of
    14  conducting the business of the board. Except for temporary and
    15  automatic suspensions under sections 11.1 and 11.2, a member may
    16  not be counted as part of a quorum or vote on any issue unless
    17  he or she is physically in attendance at the meeting.
    18     (e)  Each public and professional member of the board shall
    19  be paid reasonable traveling, hotel and other necessary expenses
    20  and per diem compensation at the rate of $60 for each day of
    21  actual service while on board business.
    22     (f)  [A member who fails to attend three consecutive meetings  <--
    23  shall forfeit his seat unless the Commissioner of Professional
    24  and Occupational Affairs, upon written request from the member,
    25  finds that the member should be excused from a meeting because
    26  of illness or the death of an immediate family member.] A         <--
    27  PROFESSIONAL OR PUBLIC MEMBER WHO FAILS TO ATTEND THREE MEETINGS
    28  IN 18 MONTHS SHALL FORFEIT THE MEMBER'S SEAT UNLESS THE
    29  COMMISSIONER UPON WRITTEN REQUEST FROM THE MEMBER FINDS THAT THE
    30  MEMBER SHOULD BE EXCUSED FROM A MEETING BECAUSE OF ILLNESS OR
    20070H1199B4189                  - 7 -     

     1  DEATH OF A FAMILY MEMBER.
     2     (g)  In the event that a member of the board dies or resigns
     3  or otherwise becomes disqualified during the term of office, a
     4  successor shall be appointed in the same way and with the same
     5  qualifications as set forth in subsection (a) and shall hold
     6  office for the unexpired term.
     7     [(h)  The board is subject to evaluation, review and
     8  termination within the time and in the manner provided in the
     9  act of December 22, 1981 (P.L.508, No.142), known as the "Sunset
    10  Act."]
    11     (i)  A public member who fails to attend two consecutive
    12  statutorily mandated seminars in accordance with section 813(e)
    13  of the act of April 9, 1929 (P.L.177, No.175), known as "The
    14  Administrative Code of 1929," shall forfeit his or her seat
    15  unless the Commissioner of Professional and Occupational
    16  Affairs, upon written request from the public member, finds that
    17  the public member should be excused from a meeting because of
    18  illness or the death of a family member.
    19     Section 3.  Section 3 of the act, amended December 20, 1985
    20  (P.L.500, No.117), is amended to read:
    21     Section 3.  Powers and Duties of Board.--(a)  It shall be the
    22  duty of the board to pass upon the qualifications of applicants
    23  for licensure as physical therapists[, registration] and
    24  certification as physical therapist assistants [and
    25  certification as athletic trainers], to conduct examinations, to
    26  issue and renew licenses and certificates of authorization to
    27  physical therapists[, registrations] and certificates to
    28  physical therapist assistants [and certifications to athletic
    29  trainers] who qualify under this act, and in proper cases to
    30  refuse to issue, suspend or revoke the license or certificate of
    20070H1199B4189                  - 8 -     

     1  authorization of any physical therapist[, registration] or
     2  certificate of any physical therapist assistant [or
     3  certification of any athletic trainer]. The board may adopt
     4  rules and regulations not inconsistent with law as it may deem
     5  necessary for the performance of its duties and the proper
     6  administration of this law. The board is authorized and
     7  empowered to appoint hearing examiners and to conduct
     8  investigations and hearings upon charges for discipline of a
     9  licensee[, registrant] or certificate holder or for violations
    10  of this act, and to cause, through the office of the Attorney
    11  General, the prosecution and enjoinder of [persons] individuals
    12  violating this act. The board shall maintain a register listing
    13  the name of every living physical therapist licensed to practice
    14  in this State, and every physical therapist assistant duly
    15  [registered] certified pursuant to section 9.1 [and every
    16  athletic trainer certified to practice in this State], such
    17  individual's last known place of [business and last known place
    18  of] residence, and the date and number of the physical
    19  therapist's license [or athletic trainer's certification] and     <--
    20  the physical therapist assistant's certificate. CERTIFICATION.]   <--
    21  AND THE PHYSICAL THERAPIST ASSISTANT'S CERTIFICATE. RESIDENTIAL
    22  INFORMATION SHALL NOT BE CONSIDERED A PUBLIC RECORD UNDER THE
    23  ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE
    24  RIGHT-TO-KNOW LAW.
    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.
    20070H1199B4189                  - 9 -     

     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 4, 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
    20070H1199B4189                 - 10 -     

     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
    20070H1199B4189                 - 11 -     

     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     (B.3)  THE FOLLOWING SHALL APPLY:                              <--
    13     (1)  A student who is enrolled in a board-approved school of
    14  physical therapy from performing acts of physical therapy as is   <--
    15  MAY PERFORM ACTS OF PHYSICAL THERAPY incidental to the student's  <--
    16  course of study.
    17     (2)  An individual engaged MAY ENGAGE in the nontreatment-     <--
    18  specific administration of baths, massage and exercise.
    19     (3)  A physical therapist who is licensed without restriction  <--
    20  in a HOLDING AN UNRESTRICTED LICENSE IN ANOTHER jurisdiction of   <--
    21  the United States or credentialed in another country, if that
    22  individual by contract or employment is providing physical
    23  therapy to individuals affiliated with or employed by
    24  established athletic teams, athletic organizations or performing
    25  arts companies temporarily practicing, competing or performing
    26  in this Commonwealth, MAY PERFORM PHYSICAL THERAPY for no more    <--
    27  than 60 days within a consecutive 12-month period.
    28     (4)  A physical therapist who is licensed without restriction  <--
    29  in a HOLDING AN UNRESTRICTED LICENSE IN ANOTHER jurisdiction of   <--
    30  the United States and who enters OR CREDENTIALED IN ANOTHER       <--
    20070H1199B4189                 - 12 -     

     1  COUNTRY MAY ENTER this Commonwealth to provide physical therapy
     2  during a declared local, State or national disaster or            <--
     3  emergency. This exemption applies for no more than 60 days
     4  within a consecutive 12-month period following the declaration
     5  of the emergency. In order to be eligible for this exemption,
     6  the physical therapist shall notify the board of their intent to
     7  practice.
     8     (5)  A physical therapist who holds an active UNRESTRICTED     <--
     9  license in another jurisdiction of the United States if that      <--
    10  individual is providing consultation for no fee MAY PROVIDE       <--
    11  CONSULTATION by means of telecommunication WHERE THERE IS NO FEE  <--
    12  PAID FOR THE CONSULTATION.
    13     (6)  An individual employed by an agency, bureau or division
    14  of the Federal Government while in the discharge of WHO IS        <--
    15  DISCHARGING official duties is not subject to this act. However,
    16  if the individual engages in the practice of physical therapy
    17  outside the scope of official duty DUTIES, the individual must    <--
    18  meet the educational requirements and be licensed or certified
    19  as provided in this act.
    20     (c)  The practice of physical therapy shall not include the
    21  practice of chiropractic as defined by the act of [August 10,
    22  1951 (P.L.1182, No.264), known as the "Chiropractic Registration
    23  Act of 1951."] December 16, 1986 (P.L.1646, No.188), known as
    24  the "Chiropractic Practice Act."
    25     (d)  A physical therapist assistant who is certified or        <--
    26  licensed in a jurisdiction of the United States and is assisting
    27  a physical therapist engaged specifically in activities related
    28  to subsection (b.3)(3) and (4) is exempt from the requirement of
    29  certification under this act for no more than 60 days within a
    30  consecutive 12-month period.
    20070H1199B4189                 - 13 -     

     1     (D)  A PHYSICAL THERAPIST ASSISTANT IS EXEMPT FROM THE         <--
     2  REQUIREMENT OF CERTIFICATION UNDER THIS ACT FOR NO MORE THAN 60
     3  DAYS WITHIN A CONSECUTIVE 12-MONTH PERIOD IF THE PHYSICAL
     4  THERAPIST ASSISTANT IS CERTIFIED OR LICENSED IN A JURISDICTION
     5  OF THE UNITED STATES OR CREDENTIALED IN ANOTHER COUNTRY AND IS
     6  ASSISTING A PHYSICAL THERAPIST ENGAGED SPECIFICALLY IN
     7  ACTIVITIES RELATED TO SUBSECTION (B.3)(3) AND (4).
     8     (E)  NOTWITHSTANDING SUBSECTION (D), A PHYSICAL THERAPIST
     9  ASSISTANT PROVIDING PHYSICAL THERAPY ACTS AND SERVICES AND THE
    10  PHYSICAL THERAPIST SUPERVISING SUCH PHYSICAL THERAPIST ASSISTANT
    11  SHALL BE SUBJECT TO THE SUPERVISION REQUIREMENTS OF THIS ACT.
    12     Section 5.  Section 5 of the act, amended April 4, 1984
    13  (P.L.196, No.41), is amended to read:
    14     Section 5.  Application for License.--Unless entitled to
    15  licensure without examination under the provisions of section 6,
    16  [a person] an individual who desires and applies to be licensed
    17  as a physical therapist shall apply to the board [in writing, on
    18  forms] on a form furnished by the board, and such application
    19  [blanks] shall embody evidence satisfactory to the board of the
    20  applicant's possessing the qualifications preliminary to
    21  examination required by this act. At the time of forwarding such
    22  application to the board, an applicant for licensure as a
    23  physical therapist shall pay a fee as set by regulation.
    24     Section 6.  Sections 6, 7 and 7.1 of the act, amended or
    25  added December 20, 1985 (P.L.500, No.117), are amended to read:   <--
    26     Section 6.  Qualifications for License; Examinations; Failure
    27  of Examinations; Licensure Without Examination; Issuing of
    28  License; Foreign Applicants for Licensure; Temporary License;
    29  Perjury.--(a)  To be eligible for licensure as a physical
    30  therapist, an applicant must be at least 20 years of age unless
    20070H1199B4189                 - 14 -     

     1  otherwise determined by the board in its discretion, be of good
     2  moral character, not be addicted to the habitual use of alcohol
     3  or narcotics or other habit-forming drugs, and be a graduate of
     4  a school offering an educational program in physical therapy as
     5  adopted by the board, which program has been approved for the
     6  education and training of physical therapists by the appropriate
     7  nationally recognized accrediting agency. [By the time of
     8  completion of] An applicant completing the professional study of
     9  physical therapy[, a physical therapist] after 2002 must hold a
    10  minimum of a master's degree from a regionally accredited
    11  institution of higher education. An applicant completing the
    12  professional study of physical therapy between January 1967 and
    13  2002 must hold a minimum of a baccalaureate degree from a
    14  regionally accredited institution of higher education. In the
    15  case of those applicants who have completed requirements prior
    16  to the first day of January, 1967, but who may not technically
    17  or totally fulfill the above requirements, the board at its
    18  discretion and by the majority vote of all members present may
    19  accept evidence of satisfactory equivalence. The board shall not
    20  issue a license to an applicant who has been convicted of a
    21  felony under the act of April 14, 1972 (P.L.233, No.64), known
    22  as "The Controlled Substance, Drug, Device and Cosmetic Act," or
    23  of an offense under the laws of another jurisdiction which, if
    24  committed in this Commonwealth, would be a felony under "The
    25  Controlled Substance, Drug, Device and Cosmetic Act," unless:
    26     (1)  at least ten years have elapsed from the date of
    27  conviction;
    28     (2)  the applicant satisfactorily demonstrates to the board
    29  that he has made significant progress in personal rehabilitation
    30  since the conviction such that licensure of the applicant should
    20070H1199B4189                 - 15 -     

     1  not be expected to create a substantial risk of harm to the
     2  health and safety of patients or the public or a substantial
     3  risk of further criminal violations; and
     4     (3)  the applicant otherwise satisfies the qualifications
     5  contained in or authorized by this act.
     6  As used in this subsection the term "convicted" includes a
     7  judgment, an admission of guilt or a plea of nolo contendere.
     8     (b)  An applicant for licensure must pass [a written] an
     9  examination approved by the board which shall test the
    10  applicant's knowledge of the basic and clinical sciences as they
    11  relate to physical therapy theory and physical therapy
    12  procedures and such other subjects as the board may deem
    13  necessary to test the applicant's fitness to practice physical
    14  therapy. No license shall be granted unless an applicant has
    15  attained passing scores established by the testing agency and
    16  published prior to the administration of the examination. The
    17  examination shall be held [within the Commonwealth of
    18  Pennsylvania twice a year] at such time and place as the board
    19  shall determine.
    20     (c)  In case of failure at the first examination, the
    21  applicant for licensure shall have, after the expiration of [six
    22  months] 60 days and within [two years] one year from the first
    23  failure, the privilege of a second examination. The board may
    24  adopt regulations governing the eligibility of applicants who
    25  have failed to pass two examinations in order to be admitted to
    26  subsequent examinations. An applicant may take the examination
    27  no more than three times in a consecutive 12-month period.
    28     (d.1)  The board may grant licenses and [registrations]
    29  certifications without further examination to individuals from
    30  another state, territory or the District of Columbia if the
    20070H1199B4189                 - 16 -     

     1  following conditions exist:
     2     (1)  Licensing or [registration] certification standards in
     3  the other state, territory or the District of Columbia are
     4  substantially the same as those of this act.
     5     (2)  Similar privileges are accorded [persons] individuals
     6  licensed or [registered] certified in this Commonwealth.
     7     (3)  The applicant holds a valid license [or registration],
     8  registration or certification issued by the other state,
     9  territory or the District of Columbia.
    10     (4)  The applicant complies with the rules and regulations of
    11  the board.
    12     (e)  The board shall issue a license to a physical therapist
    13  who successfully establishes his eligibility under the terms of
    14  this act and [any person] an individual who holds a license
    15  pursuant to this section may use the words physical therapist or
    16  licensed physical therapist and he [may] shall use the letters
    17  [LPT] PT in connection with his name or place of business to
    18  denote his licensure hereunder. A licensed physical therapist
    19  may include designations for physical therapy degrees, including
    20  MPT and DPT when a master's or doctor's of physical therapy
    21  degree has been earned from a regionally accredited institution
    22  of higher education, academic degrees, specialist certification
    23  and other credentials after the letters PT.
    24     (f)  [Foreign trained physical therapists who desire and
    25  apply to be licensed as a physical therapist by the board shall,
    26  before examination, furnish proof as to age, moral character,
    27  and no addiction to the use of alcohol or narcotics or other
    28  habit-forming drugs, and shall present proof indicating the
    29  completion of educational requirements substantially equal to
    30  those in subsection (a). In addition thereto] At the board's
    20070H1199B4189                 - 17 -     

     1  discretion, the foreign trained applicant must complete[, at the
     2  board's discretion,] up to one year of supervised clinical
     3  experience as prescribed by the board prior to taking the
     4  examination for licensure.
     5     (g)  Upon the submission of [a written application, on forms
     6  provided by it] an application as provided by the board, the
     7  board shall issue a temporary license to an applicant for
     8  licensure who has met all of the requirements of subsection (a)
     9  and who is eligible to take the examination provided for in
    10  subsection (b). The board shall issue only one temporary license
    11  to an applicant, and such temporary license shall expire upon
    12  failure of the first examination or six months after the date of
    13  issue, whichever first occurs. Issuance by the board of a
    14  temporary license shall permit the applicant to practice
    15  physical therapy only while under the direct on-premises
    16  supervision of a licensed physical therapist with at least two
    17  years of experience. Upon expiration, the temporary license
    18  shall be promptly returned by the applicant to the board.
    19     (h)  Any applicant who knowingly or willfully makes a false
    20  statement of fact in any application shall be subject to
    21  prosecution for perjury.
    22     (i)  An applicant for licensure who has been educated outside
    23  of the United States shall:
    24     (1)  Complete the application process, including payment of
    25  fees.
    26     (2)  Provide proof of holding an unrestricted license in the
    27  country where the applicant was educated.
    28     (3)  Provide satisfactory evidence that the applicant's
    29  education is substantially equivalent to the education of
    30  physical therapists educated in an accredited entry-level         <--
    20070H1199B4189                 - 18 -     

     1  program as determined by the board. Graduation outside the
     2  United States from a professional education program accredited
     3  by the same accrediting agency that the board approves for
     4  programs within the United States constitutes evidence of
     5  substantial equivalency. In all other instances, "substantially
     6  equivalent" means that an applicant for licensure educated
     7  outside the United States shall have:
     8     (i)  Graduated from a physical therapist education program
     9  that prepares the applicant to engage without restriction in the
    10  practice of physical therapy.
    11     (ii)  Provided written proof that the applicant's school of
    12  physical therapy is recognized by its own ministry of education.
    13     (iii)  Undergone a credentials evaluation as directed by the
    14  board that determines that the candidate has met uniform
    15  criteria for education requirements as further established by
    16  this rule.
    17     (iv)  Completed any additional education as required by the
    18  board.
    19     (4)  Comply with all State, Federal and administrative laws
    20  and regulations related to the application for and maintenance
    21  of licensure.
    22     (5)  Pass the examination approved by the board.
    23     (6)  Meet the requirements established by board regulations
    24  if applicable.
    25     (k) (J)  Each licensee and certificate holder shall display a  <--
    26  copy of the licensee's license or certificate holder's
    27  certificate in a location accessible to public view and produce
    28  a copy immediately upon request.
    29     Section 7.  Renewal of License.--Each license issued under
    30  the provisions of this act shall be renewed biennially. On or
    20070H1199B4189                 - 19 -     

     1  before November 1 of each renewal year, the board shall mail an
     2  application for renewal of license to each [person] individual
     3  to whom a license was issued or renewed during the current
     4  licensing period, which application shall be mailed to the most
     5  recent address of said [person] individual as it appears on the
     6  records of the board. Such [person] individual shall complete
     7  the renewal application and [return] submit it to the board with
     8  a renewal fee before December 31 of the year in which said
     9  application was received. Upon receipt of any such application
    10  and fee, the board shall verify the accuracy of such application
    11  and issue to the applicant a certificate of renewal of license
    12  for the next licensing period as described above. The renewal
    13  fee for each licensing period shall be set by regulation.
    14     Section 7.1.  Reporting of Multiple Licensure.--Any licensed
    15  physical therapist or [registered] certified physical therapist
    16  assistant of this Commonwealth who is also licensed to practice
    17  physical therapy or [registered] certified as a physical
    18  therapist assistant in any other state, territory or country
    19  shall report this information to the board on the biennial
    20  registration application. Any disciplinary action taken in such
    21  other jurisdiction shall be reported to the board on the
    22  biennial registration application, or within [90] 30 days of
    23  final disposition, whichever occurs sooner. Multiple licensure
    24  or [registration] certification shall be noted by the board on
    25  the physical therapist or physical therapist assistant's record,
    26  and such state, territory or country shall be notified by the
    27  board of any disciplinary actions taken against said physical
    28  therapist or physical therapist assistant in this Commonwealth.
    29     Section 7.  The act is amended by adding a section to read:
    30     Section 7.2.  Continuing Education.--For each license
    20070H1199B4189                 - 20 -     

     1  renewal, a licensee shall complete within the immediately
     2  preceding two-year period at least 30 hours of continuing
     3  physical therapy education as approved by the board. The
     4  licensee shall provide the board with evidence of the completion
     5  of the continuing education. A physical therapist who has met
     6  the continuing education requirements for a certificate of
     7  authorization set forth in section 9(c)(1) shall be deemed to
     8  have met the continuing education requirement for license
     9  renewal. No credit shall be given for any course in office
    10  management or practice building.
    11     Section 8.  Section 9 of the act, amended February 21, 2002
    12  (P.L.90, No.6), is amended to read:
    13     Section 9.  Practice of Physical Therapy.--(a)  Except as
    14  provided in subsection (b), no [person] individual licensed
    15  under this act as a physical therapist shall treat human
    16  ailments by physical therapy or otherwise except by the referral
    17  of [a person] an individual licensed as a physician, a licensed
    18  physician assistant practicing pursuant to a written agreement
    19  with a physician, or a certified registered nurse practitioner
    20  practicing pursuant to a collaborative agreement with a
    21  physician; however, a physical therapist shall be permitted to
    22  accept the referral of a licensed dentist or podiatrist
    23  [licensed], for the treatment of a condition that is within the
    24  scope of practice of dentistry or podiatry. Nothing in this act
    25  shall be construed as authorization for a physical therapist to
    26  practice any branch of the healing arts except as described in
    27  this act. [Any person] An individual violating the provisions of  <--
    28  this act shall be guilty of a misdemeanor as described in
    29  section 12.] For purposes of this section, relating to            <--
    30  referrals, a licensed physician, dentist or podiatrist means an
    20070H1199B4189                 - 21 -     

     1  individual holding an active license in this Commonwealth, the
     2  District of Columbia or any other state or United States
     3  territory.
     4     (b)  Licensees who meet the standards set forth in this
     5  subsection may apply to the board for a certificate of
     6  authorization to practice physical therapy under this act
     7  without the required referral under subsection (a). A
     8  certificate of authorization to practice physical therapy
     9  without a referral under subsection (a) shall not authorize a
    10  physical therapist either to treat a condition in [any person]
    11  an individual which is a nonneurologic, nonmuscular or
    12  nonskeletal condition or to treat [a person] an individual who
    13  has an acute cardiac or acute pulmonary condition unless the
    14  physical therapist has consulted with the [person's]
    15  individual's licensed physician, dentist or podiatrist regarding
    16  the [person's] individual's condition and the physical therapy
    17  treatment plan or has referred the [person] individual to a
    18  licensed physician, dentist or podiatrist for diagnosis and
    19  referral. The certificate of authorization shall be issued only
    20  to licensed physical therapists practicing physical therapy. The
    21  certificate of authorization shall be displayed by the
    22  certificate holder in a manner conspicuous to the public. The
    23  renewal of the certificate of authorization shall coincide with
    24  the renewal of the license of the licensee. Licensees making
    25  application for a certificate of authorization shall present
    26  satisfactory evidence to the board of all of the following:
    27     (1)  That the licensee has:
    28     (i)  passed an examination for licensure to practice physical
    29  therapy, which examination included testing on the appropriate
    30  evaluative procedures to treat [a person] an individual without
    20070H1199B4189                 - 22 -     

     1  a referral; or
     2     (ii)  passed an examination for licensure to practice
     3  physical therapy prior to 1990 and successfully completed a
     4  course approved by the board on the appropriate evaluative
     5  procedures to treat [a person] an individual without a referral.
     6     (2)  That the licensee has:
     7     (i)  practiced physical therapy as a licensed physical
     8  therapist in the delivery of patient care in accordance with
     9  this act on a continuous basis for at least two years
    10  immediately preceding the application for a certificate of
    11  authorization;
    12     (ii)  been licensed under section 6(d.1) and has practiced
    13  physical therapy in the delivery of patient care as a licensed
    14  physical therapist in a reciprocal state on a continuous basis
    15  for at least two years immediately preceding the application for
    16  a certificate of authorization; or
    17     (iii)  provided proof of meeting the standards of clause (i)
    18  or (ii) of this paragraph through the application of any
    19  combination thereof.
    20     (3)  That the license of that licensee has been maintained in
    21  good standing.
    22     (4)  That the licensee has professional liability insurance
    23  in accordance with the following provisions:
    24     [(i)  [Beginning with the first license renewal period at      <--
    25  least two years after the effective date of this subsection or
    26  upon first making application for a certificate of
    27  authorization, whichever occurs earlier, any licensee applying
    28  for and obtaining a certificate of authorization shall obtain
    29  and maintain, to the satisfaction of the board, professional
    30  liability insurance coverage in the minimum amounts required to
    20070H1199B4189                 - 23 -     

     1  be maintained by physicians pursuant to the act of October 15,
     2  1975 (P.L.390, No.111), known as the "Health Care Services
     3  Malpractice Act." The professional liability insurance coverage
     4  shall remain in effect as long as that licensee has a
     5  certificate of authorization.] A licensee with a certificate of   <--
     6  authorization under this act practicing in this Commonwealth
     7  shall maintain a level of professional liability insurance
     8  coverage as required for a nonparticipating health care provider
     9  under the act of March 20, 2002 (P.L.154, No.13), known as the
    10  "Medical Care Availability and Reduction of Error (Mcare) Act,"
    11  but shall not be eligible to participate in the Medical Care
    12  Availability and Reduction of Error (Mcare) Fund.
    13     (i.1)  The board shall accept from a licensee with a
    14  certificate of authorization as satisfactory evidence of
    15  insurance coverage any of the following:
    16     (A)  Self-insurance.
    17     (B)  Personally purchased liability insurance.
    18     (C)  Professional liability insurance coverage provided by
    19  the licensee's employer.
    20     (D)  Similar insurance coverage acceptable to the board.
    21     (i.2)  A licensee with a certificate of authorization under
    22  this act need not be separately insured if the licensee's
    23  employer is a health care provider as defined by the "Medical
    24  Care Availability and Reduction of Error (Mcare) Act" that
    25  maintains insurance as required by Mcare; or whose employer is
    26  not a health care provider as defined by the "Medical Care
    27  Availability and Reduction of Error (Mcare) Act," but who
    28  maintains insurance at the level required of a nonparticipating
    29  health care provider under the "Medical Care Availability and
    30  Reduction of Error (Mcare) Act."
    20070H1199B4189                 - 24 -     

     1     (ii)  A licensee shall notify the board within [30] 10 days    <--
     2  of the licensee's failure to be covered by the required
     3  insurance. Failure to notify the board shall be actionable under
     4  section 11 or 12. Further, the certificate of authorization of
     5  that licensee shall automatically be suspended upon failure to
     6  be covered by the required insurance and shall not be restored
     7  until submission to the board of satisfactory evidence that the
     8  licensee has the required professional liability insurance
     9  coverage.
    10     [(iii)  The board shall accept from licensees as satisfactory  <--
    11  evidence of insurance coverage under this subsection any or all
    12  of the following: self-insurance, personally purchased
    13  professional liability insurance, professional liability
    14  insurance coverage provided by the licensee's employer or any
    15  similar type of coverage.]                                        <--
    16     (III.1)  A LICENSEE UNDER THIS ACT PRACTICING IN THIS          <--
    17  COMMONWEALTH SHALL MAINTAIN A LEVEL OF PROFESSIONAL LIABILITY
    18  INSURANCE COVERAGE IN THE MINIMUM AMOUNT OF $1,000,000 PER
    19  OCCURRENCE OR CLAIMS MADE. FAILURE TO MAINTAIN INSURANCE
    20  COVERAGE AS REQUIRED SHALL SUBJECT THE LICENSEE TO DISCIPLINARY
    21  PROCEEDINGS. THE BOARD SHALL ACCEPT AS SATISFACTORY EVIDENCE OF
    22  INSURANCE COVERAGE ANY OF THE FOLLOWING:
    23     (A)  SELF-INSURANCE;
    24     (B)  PERSONALLY PURCHASED LIABILITY INSURANCE; OR
    25     (C)  PROFESSIONAL LIABILITY INSURANCE COVERAGE PROVIDED BY
    26  THE PHYSICAL THERAPIST'S EMPLOYER OR SIMILAR INSURANCE COVERAGE
    27  ACCEPTABLE TO THE BOARD.
    28     (III.2)  A LICENSE APPLICANT SHALL PROVIDE PROOF THAT THE
    29  APPLICANT HAS OBTAINED PROFESSIONAL LIABILITY INSURANCE IN
    30  ACCORDANCE WITH SUBPARAGRAPH (III.1). IT IS SUFFICIENT IF THE
    20070H1199B4189                 - 25 -     

     1  APPLICANT FILES WITH THE APPLICATION A COPY OF A LETTER FROM THE
     2  APPLICANT'S PROFESSIONAL LIABILITY INSURANCE CARRIER INDICATING
     3  THAT THE APPLICANT WILL BE COVERED AGAINST PROFESSIONAL
     4  LIABILITY IN THE REQUIRED AMOUNTS EFFECTIVE UPON THE ISSUANCE OF
     5  THE APPLICANT'S LICENSE TO PRACTICE PHYSICAL THERAPY IN THIS
     6  COMMONWEALTH.
     7     (III.3)  UPON ISSUANCE OF A LICENSE, A LICENSEE HAS 30 DAYS
     8  TO SUBMIT TO THE BOARD THE CERTIFICATE OF INSURANCE OR A COPY OF
     9  THE POLICY DECLARATION PAGE.
    10     (iv)  The board shall adopt, by regulation, standards and
    11  procedures established by the Insurance Commissioner for self-
    12  insurance. In the absence of these standards and procedures, the
    13  board, after consultation with the Insurance Commissioner, shall
    14  establish standards and procedures by regulation for self-
    15  insurance under this subsection.
    16     (c)  (1)  For each renewal of the certificate of
    17  authorization, the licensee shall complete within the
    18  immediately preceding two-year period at least [20] 30 hours of
    19  continuing physical therapy education related to keeping the
    20  certificate holder apprised of advancements and new developments
    21  in the practice of the physical therapy profession. At least ten
    22  of the [20] 30 hours shall be in appropriate evaluative
    23  procedures to treat [a person] an individual without a referral.
    24  No credit shall be given for any course in office management or
    25  practice building. The licensee shall provide the board with
    26  evidence of the completion of the continuing education.
    27     (2)  Continuing education programs and program providers
    28  under this subsection shall be approved by the board in
    29  accordance with standards and criteria established by the board
    30  by regulation. The regulation shall include any fees necessary
    20070H1199B4189                 - 26 -     

     1  to implement this provision and provide for waiver of the
     2  continuing education requirement due to illness or hardship in
     3  any licensing renewal period.
     4     [(3)  The requirements for continuing physical therapy
     5  education shall not apply until the first renewal of the
     6  certificate of authorization at least two years after the
     7  effective date of this subsection. No credit shall be given for
     8  any course in office management or practice building.]
     9     (d)  A physical therapist practicing physical therapy under
    10  this act shall refer patients to a licensed physician or other
    11  appropriate health care practitioner in any of the following
    12  cases:
    13     (1)  Cases where symptoms are present for which physical
    14  therapy is a contraindication.
    15     (2)  Cases for which treatment is outside the scope of
    16  practice of physical therapy.
    17     (3)  Cases for which treatment is beyond the education,
    18  expertise or experience of the physical therapist.
    19     (e)  A physical therapist may treat [a person] an individual
    20  without a referral as provided for in subsection (b) for up to
    21  30 days from the date of the first treatment. A physical
    22  therapist shall not treat [a person] an individual beyond 30
    23  days from the date of the first treatment unless he or she has
    24  obtained a referral from a licensed physician[, dentist or
    25  podiatrist.]; a licensed physician assistant practicing pursuant
    26  to a written agreement with a physician; a certified registered
    27  nurse practitioner practicing pursuant to a collaborative
    28  agreement with a physician; or a licensed dentist or licensed
    29  podiatrist, for the treatment of a condition that is within the
    30  scope of practice of dentistry or podiatry. The date of the
    20070H1199B4189                 - 27 -     

     1  first treatment for purposes of this subsection is the date the
     2  [person] individual is treated by any physical therapist
     3  treating without a referral.
     4     (f)  Nothing in this section shall be construed to require or
     5  preclude third-party insurance reimbursement. Nothing herein
     6  shall preclude an insurer or other third-party payor from
     7  requiring that a physical therapist obtain a referral from a
     8  licensed physician[, dentist or podiatrist or]; a licensed
     9  physician assistant practicing pursuant to a written agreement
    10  with a physician; a certified registered nurse practitioner
    11  practicing pursuant to a collaborative agreement with a
    12  physician; or a licensed dentist or licensed podiatrist, for the
    13  treatment of a condition that is within the scope of practice of
    14  dentistry or podiatry; or that a physical therapist file an
    15  evaluation and treatment plan with the insurer or third-party
    16  payor as a precondition of reimbursement.
    17     Section 9.  Sections 9.1 and 9.2 of the act, added December
    18  20, 1985 (P.L.500, No.117), are amended to read:
    19     Section 9.1.  Physical Therapist Assistant; Education and
    20  Examination; Scope of Duties; [Registration] Certification.--(a)
    21  To be eligible [to register with] for certification by the board
    22  as a physical therapist assistant, an applicant must be at least
    23  [20] 18 years of age unless otherwise determined by the board,
    24  be of good moral character, not be addicted to the habitual use
    25  of alcohol or narcotics or other habit-forming drugs, be a
    26  graduate of a physical therapist assistant program adopted by
    27  the board, which program has been approved for the education and
    28  training for physical therapist assistants by the appropriate
    29  nationally recognized accrediting agency and be successful in
    30  passing an examination [adopted] APPROVED by the board, subject   <--
    20070H1199B4189                 - 28 -     

     1  to rules and regulations established by the board and
     2  administered in accordance with section 812.1 of the act of
     3  April 9, 1929 (P.L.177, No.175), known as "The Administrative
     4  Code of 1929." APPLICANTS ELIGIBLE TO REGISTER WITH THE BOARD     <--
     5  SHALL BE DEEMED ELIGIBLE FOR CERTIFICATION BY THE BOARD UNTIL
     6  SUCH TIME AS THE BOARD PROMULGATES ANY REGULATION REGARDING
     7  CERTIFICATION. No applicant shall be [registered] certified
     8  unless he has attained passing scores established by the
     9  [testing agency] board and published prior to the administration
    10  of the examination.
    11     (a.1)  Upon the submission of an application, as provided by
    12  the board, the board shall issue a temporary certificate to an
    13  applicant for certification who has met all of the requirements
    14  of subsection (a) and who is eligible to take the examination
    15  provided for in subsection (a). The board shall issue only one
    16  temporary certificate to an applicant, and the temporary
    17  certificate shall expire upon failure of the first examination
    18  or six months after the date of issue, whichever first occurs.
    19  Issuance by the board of a temporary certificate shall permit
    20  the applicant to provide physical therapy acts and services only
    21  while under the direct on-premises supervision of a licensed
    22  physical therapist. Upon expiration, the temporary certificate
    23  shall be promptly returned by the applicant to the board.
    24     (b)  In case of failure of the first examination, the
    25  applicant for [registration] certification shall have, after the
    26  expiration of [six months] 60 days and within [two years] one
    27  year from the first failure, the privilege of a second
    28  examination. The board may adopt regulations governing the
    29  eligibility of applicants who have failed to pass two
    30  examinations in order to be admitted to subsequent examinations.
    20070H1199B4189                 - 29 -     

     1     (c)  A physical therapist assistant while assisting a
     2  licensed physical therapist in the practice of physical therapy
     3  shall only perform patient-related physical therapy acts and
     4  services that are assigned or delegated by and under the [direct
     5  on-premises] supervision of a licensed physical therapist. Such
     6  acts and services of a physical therapist assistant shall not
     7  include evaluation, testing, interpretation, planning or
     8  modification of patient programs. For purposes of this section
     9  the term ["direct on-premises supervision" shall mean the
    10  physical presence of a licensed physical therapist on the
    11  premises who is immediately available to exercise supervision,
    12  direction and control.] "supervision" means as follows:
    13     (1)  In all practice settings, the performance of selected
    14  acts and services by the physical therapist assistant shall be:
    15     (i)  The responsibility of the licensed physical therapist at
    16  all times.
    17     (ii)  Consistent with safe and legal physical therapy          <--
    18  practice.
    19     (iii)  Predicated (II)  BASED on the following factors:        <--
    20     (A)  Complexity and acuity of the patient's needs.
    21     (B)  Proximity and accessibility of the licensed physical
    22  therapist to the certified physical therapist assistant.
    23     (C)  Supervision available in the event of an emergency or
    24  critical event.
    25     (D)  Type of PRACTICE setting in which the service is          <--
    26  provided.
    27     (2)  In all practice settings and relating to physical         <--
    28  therapy intervention, the initial patient contact shall be made
    29  by a licensed physical therapist for evaluation of the patient
    30  and establishment of a plan of care.
    20070H1199B4189                 - 30 -     

     1     (3)  Supervision requirements of a physical therapist
     2  assistant shall be dependent upon the practice setting in which
     3  the care is delivered:
     4     (i)  When care is delivered to an individual in an acute care
     5  hospital, acute inpatient rehabilitation center, long-term acute
     6  care hospital facility setting or as otherwise required by
     7  FEDERAL OR STATE law or regulation, the physical therapist        <--
     8  assistant shall be under the direct on-premises supervision of a
     9  licensed physical therapist.
    10     (ii)  When care is provided to an individual in a preschool,
    11  primary school, secondary school or other similar educational
    12  setting, a licensed physical therapist shall make an onsite
    13  visit and examine the patient at least every four patient visits
    14  or every 30 days, whichever shall occur first.
    15     (iii)  When care is provided to a patient in an A PHYSICAL     <--
    16  THERAPY independent private practice outpatient facility, a
    17  licensed physical therapist shall provide direct on-premises
    18  supervision of a physical therapist assistant for at least 50%
    19  of the hours worked by the physical therapist assistant during
    20  the workweek CALENDAR WEEK unless otherwise required by FEDERAL   <--
    21  law, and the physical therapist shall be immediately available
    22  by telecommunication if not providing direct on-premises
    23  supervision.
    24     (iv)  For any home health care, facility or practice setting
    25  not specified in subparagraph (i), (ii) or (iii), a licensed
    26  physical therapist shall make an onsite visit and actively
    27  participate in the treatment of the patient at least every seven
    28  patient visits or every 14 days, whichever shall occur first.     <--
    29  The board shall review and make recommendations relating to the
    30  requirements OCCUR FIRST. THE BOARD SHALL REVIEW AND MAKE         <--
    20070H1199B4189                 - 31 -     

     1  RECOMMENDATIONS TO THE CONSUMER PROTECTION AND PROFESSIONAL
     2  LICENSURE COMMITTEE OF THE SENATE AND TO THE PROFESSIONAL
     3  LICENSURE COMMITTEE OF THE HOUSE OF REPRESENTATIVES RELATING TO
     4  THE IMPLEMENTATION of this paragraph three years following the
     5  effective date of this paragraph.
     6     (4)  In all practice settings, a physical therapist assistant
     7  shall be under the direct on-premises supervision of a licensed
     8  physical therapist until the physical therapist assistant
     9  submits for approval evidence satisfactory to the board of:
    10     (i)  at least 2,000 hours of experience providing patient-
    11  related acts and services verified by a supervising licensed
    12  physical therapist; or
    13     (ii)  employment as a physical therapist assistant for at
    14  least three of the five years immediately preceding the
    15  effective date of this paragraph.
    16     (5)  Upon compliance with paragraph (4), a physical therapist
    17  assistant may only provide physical therapy acts and services
    18  when the licensed physical therapist is available and accessible
    19  in person or by telecommunication to the physical therapist
    20  assistant during all working hours of the physical therapist
    21  assistant and is present within a 100-mile radius of the
    22  treatment location. A physical therapist assistant shall consult
    23  with the supervising physical therapist in the event of a change
    24  in the patient's condition which may require the assessment of a
    25  licensed physical therapist.
    26     (6)  A licensed physical therapist shall not supervise more
    27  than three physical therapist assistants at any time.
    28     (7)  In the event of a change of the supervising licensed
    29  physical therapist, the subsequent supervisor shall assume
    30  responsibility for the ongoing supervision of any certified
    20070H1199B4189                 - 32 -     

     1  physical therapist assistant providing physical therapy acts and
     2  services and shall become the supervising physical therapist.
     3     (d)  Only [a person] an individual who has been properly
     4  [registered] certified as a physical therapist assistant with
     5  the board, pursuant to the provisions of this section and rules
     6  and regulations promulgated by the board thereto, shall assist a
     7  licensed physical therapist in the practice of physical therapy
     8  as a physical therapist assistant and use the title "physical
     9  therapist [assistant."] assistant" and the abbreviation "PTA."
    10  UNTIL SUCH TIME AS THE BOARD PROMULGATES RULES AND REGULATIONS,   <--
    11  AN INDIVIDUAL WHO IS PROPERLY REGISTERED WITH THE BOARD SHALL BE
    12  DEEMED CERTIFIED FOR THE PURPOSES OF THIS SECTION.
    13     [(e)  The qualifications provision of this section shall not
    14  apply and an applicant shall be registered without examination
    15  if the applicant has submitted an application for registration
    16  accompanied by an application fee as specified by the board
    17  within two years after the effective date of this amendatory act
    18  and is a resident of Pennsylvania or has practiced in this
    19  Commonwealth for a two-year period; and
    20     (1)  on the effective date of this amendatory act, is a
    21  graduate of a physical therapist assistant program acceptable to
    22  the board and has engaged in physical therapist assistant
    23  practice acceptable to the board for two years; and
    24     (2)  on the effective date of this amendatory act, is listed
    25  with the board as a physical therapist assistant.]
    26     (f)  The board shall issue, renew, revoke or suspend the
    27  [registration] certification of physical therapist assistants
    28  pursuant to rules and regulations promulgated by the board. All
    29  actions of the board shall be taken subject to the right of
    30  notice, hearing and adjudication and the right of appeal
    20070H1199B4189                 - 33 -     

     1  therefrom in accordance with Title 2 of the Pennsylvania
     2  Consolidated Statutes (relating to administrative law and
     3  procedure).
     4     (g)  Unless ordered to do so by a court, the board shall not
     5  reinstate the [registration of a person] certification of an
     6  individual to practice as a physical therapist assistant which
     7  has been revoked, and such [person] individual shall be required
     8  to apply for [registration] certification after a five-year
     9  period in accordance with the provisions of this section,
    10  including the examination requirement, if he desires to practice
    11  at any time after such revocation.
    12     (h)  A physical therapist assistant may not authorize the
    13  discharge of a patient from physical therapy services.
    14     (i)  In an emergency situation, SUCH AS SERIOUS ILLNESS OR     <--
    15  DEATH OF A FAMILY MEMBER, which causes the unanticipated absence
    16  of the supervising physical therapist for not more than two days
    17  per month, a certified physical therapist assistant may continue
    18  to render services to only those patients for which the
    19  certified physical therapist assistant has previously
    20  participated in the intervention for established plans of care
    21  not to exceed the regularly scheduled operational hours of the
    22  particular day or days the supervising physical therapist is
    23  absent. Every effort shall be made by the licensed physical
    24  therapist or certified physical therapist assistant to obtain
    25  supervision in the care described in this subsection. A licensee
    26  utilizing this section shall MAINTAIN A WRITTEN RECORD NOTING     <--
    27  THE DATE AND THE EMERGENCY, WHICH SHALL BE AVAILABLE FOR BOARD
    28  REVIEW, AND SHALL submit a report to the board biennially
    29  setting forth each day absent under this paragraph and the
    30  reason for such absence. A licensed physical therapist may
    20070H1199B4189                 - 34 -     

     1  utilize this emergency provision no more than ten days per
     2  calendar year.
     3     (j)  For each certificate renewal, a certificate holder shall
     4  complete within the immediately preceding two-year period at
     5  least 30 hours of continuing physical therapy education as
     6  approved by the board in accordance with standards and criteria
     7  established by the board by regulation. The certificate holder
     8  shall provide the board with evidence of the completion of the
     9  continuing education. THE CURRENT RULES AND REGULATIONS SHALL     <--
    10  REMAIN IN EFFECT UNTIL SUCH TIME AS THE BOARD ESTABLISHES BY
    11  REGULATIONS, STANDARDS AND CRITERIA RELATING TO CONTINUING
    12  PHYSICAL THERAPY EDUCATION FOR CERTIFIED PHYSICAL THERAPIST
    13  ASSISTANTS AND PHYSICAL THERAPISTS.
    14     Section 9.2.  Supportive Personnel.--Nothing in this act [or
    15  the act of October 10, 1975 (P.L.383, No.110), known as the
    16  "Physical Therapy Practice Act,"] shall prohibit a licensed
    17  physical therapist from assigning or delegating various
    18  activities to other [persons] individuals who may, from time to
    19  time, aid and assist a licensed physical therapist or certified
    20  physical therapist assistant in the provision of physical
    21  therapy services; provided that such activities are performed
    22  under the direct on-premises supervision of a licensed physical
    23  therapist or certified physical therapist assistant and the
    24  level of such activities do not require formal education or
    25  training in the practice of physical therapy, the skill and
    26  knowledge of a licensed physical therapist and the skill and
    27  knowledge of a properly [registered] certified physical
    28  therapist assistant.
    29     Section 10.  Section 10.1 of the act, added April 4, 1984
    30  (P.L.196, No.41), is repealed:
    20070H1199B4189                 - 35 -     

     1     [Section 10.1.  Athletic Trainer Advisory Committee
     2  Created.--There is hereby created an advisory committee to be
     3  known as the Athletic Trainer Advisory Committee which shall be
     4  appointed by and serve at the pleasure of the board for the
     5  purpose of carrying out the provisions of this act as it relates
     6  to athletic trainers. The Athletic Trainer Advisory Committee
     7  shall assist the board in the certification, renewal, revocation
     8  or suspension of athletic trainers in accordance with this act
     9  and rules and regulations and as the board deems appropriate.
    10  The Athletic Trainer Advisory Committee shall consist of no more
    11  than three members who shall be certified athletic trainers and
    12  who shall receive reimbursement for actual traveling expenses
    13  related to their service to the board and a per diem to be fixed
    14  from time to time by the Governor's Executive Board but not less
    15  than $35 per day. Advisory committee members may be selected by
    16  the board from a list of qualified athletic trainers provided by
    17  the Pennsylvania Athletic Trainers Society. Members of the
    18  advisory committee shall serve for three years except that the
    19  initial committee membership shall be appointed to serve for
    20  staggered terms of one, two and three years respectively.]
    21     Section 11.  Section 10.2 of the act, amended or added April   <--
    22  4, 1984 (P.L.196, No.41) and December 20, 1985 (P.L.500,
    23  No.117), is repealed AMENDED TO READ:                             <--
    24     [Section 10.2.  [Certification of Athletic Trainers;           <--
    25  Certification Renewal, Revocation or Suspension.--(a)  The board
    26  shall have the power to adopt rules and regulations governing
    27  the certification of athletic trainers. Such rules and
    28  regulations shall establish standards necessary to Commonwealth
    29  certification in the following categories:
    30     (1)  Approved educational program standards.
    20070H1199B4189                 - 36 -     

     1     (2)  Education degree requirements for certification.
     2     (3)  Practical training experience requirements for
     3  certification.
     4     (4)  Other requirements necessary for the proper, ethical and
     5  professional training of persons applying for certification,
     6  which are deemed appropriate by the board.
     7  Regulations promulgated pursuant to this section shall be
     8  formulated with the advice and consultation of the Athletic
     9  Trainer Advisory Committee.
    10     (b)  The board shall issue certification certificates to
    11  individuals seeking certification as athletic trainers after its
    12  review of a proper certification application presented on forms
    13  prescribed by the board which evidences the satisfaction of the
    14  standards promulgated by rules in accordance with the provisions
    15  in subsection (a) and further upon payment of an appropriate fee
    16  to be set by the board after consultation with the commissioner.
    17     (c)  The board shall renew, revoke or suspend the
    18  certification of athletic trainers pursuant to rules and
    19  regulations formulated in consultation with the Athletic Trainer
    20  Advisory Committee. All actions of the board shall be taken
    21  subject to the right of notice, hearing and adjudication and the
    22  right of appeal therefrom in accordance with Title 2 of the
    23  Pennsylvania Consolidated Statutes (relating to administrative
    24  law and procedure).
    25     (d)  Unless ordered to do so by a court, the board shall not
    26  reinstate the certificate of a person to practice as an athletic
    27  trainer which has been revoked, and such person shall be
    28  required to apply for a certificate after a five-year period in
    29  accordance with this section, if he desires to practice at any
    30  time after such revocation.] ADMINISTRATIVE PROCEDURE.--THE       <--
    20070H1199B4189                 - 37 -     

     1  BOARD SHALL CONDUCT ALL DISCIPLINARY PROCEEDINGS UNDER THIS ACT
     2  IN ACCORDANCE WITH 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW AND
     3  PROCEDURE).
     4     Section 12.  Section 11 of the act, amended December 20, 1985
     5  (P.L.500, No.117) and February 21, 2002 (P.L.90, No.6), is
     6  amended to read:
     7     Section 11.  Refusal or Suspension or Revocation of License
     8  or Certificate.--(a)  [The] Except as otherwise provided in this
     9  act, the board shall refuse to issue a license or certificate to
    10  [any person] an individual and after notice and hearing in
    11  accordance with rules and regulations, may suspend or revoke the
    12  license or certificate of [any person] an individual who has:
    13     (1)  been found to have violated any of the provisions of
    14  section 9;
    15     (2)  attempted to or obtained licensure or certification by
    16  fraud or misrepresentation;
    17     (2.1)  attempted to engage in conduct that subverts or
    18  undermines the integrity of the examination or the examination
    19  process;
    20     (3)  committed repeated occasions of negligence or
    21  incompetence in the practice of physical therapy;
    22     (4)  been convicted of a felony or a crime of moral turpitude
    23  in a Federal court or in the courts of this Commonwealth or any
    24  other state, territory or country. Conviction, as used in this
    25  paragraph, shall include a finding or verdict of guilt, an
    26  admission of guilt or a plea of nolo contendere;
    27     (5)  habitually indulged in the use of narcotics or other
    28  habit-forming drugs, or excessively indulged in the use of
    29  alcoholic liquors;
    30     (6)  been found guilty of unprofessional conduct.
    20070H1199B4189                 - 38 -     

     1  Unprofessional conduct shall include any departure from or the
     2  failure to conform to the minimal standards of acceptable and
     3  prevailing physical therapy practice, including the recognized
     4  standards of ethics of the physical therapy profession, in which
     5  proceeding actual injury to a patient need not be established;
     6     (7)  treated or undertaken to treat human ailments otherwise
     7  than by physical therapy as defined in this act;
     8     (8)  had his license or certificate to practice physical
     9  therapy revoked or suspended or having other disciplinary action
    10  taken, or his application for a license or certificate refused,
    11  revoked or suspended by the proper licensing or certifying
    12  authority of another state, territory or country; [and]
    13     (9)  made misleading, deceptive, untrue or fraudulent
    14  representations in violation of this act or otherwise in the
    15  practice of the profession[.];
    16     (10)  in the case of a licensed physical therapist who failed
    17  to supervise physical therapist assistants or supportive
    18  personnel in accordance with this act or board regulation; or
    19     (11)  knowingly aiding, assisting, procuring or advising any
    20  unlicensed individual to practice a profession contrary to this
    21  act or regulations of the board.
    22     [(b)  All actions of the board shall be taken subject to the   <--
    23  right of notice, hearing and adjudication and the right of
    24  appeal therefrom in accordance with Title 2 of the Pennsylvania
    25  Consolidated Statutes (relating to administrative law and
    26  procedure).]                                                      <--
    27     (c)  Unless ordered to do so by a court, the board shall not
    28  reinstate the license of [a person to practice as a physical
    29  therapist] an individual to practice as a physical therapist or
    30  the certificate of an individual certified to practice as a
    20070H1199B4189                 - 39 -     

     1  physical therapist assistant which has been revoked, and such
     2  [person] individual shall be required to apply for a license or
     3  certificate after a five-year period in accordance with section
     4  6, if he desires to practice at any time after such revocation.
     5     Section 13.  Sections 11.1, 11.2 and 11.3 of the act, added
     6  December 20, 1985 (P.L.500, No.117), are amended to read:
     7     Section 11.1.  Automatic Suspension.--A license[,
     8  registration] or certificate issued under this act shall
     9  automatically be suspended upon the legal commitment of a
    10  licensee[, registrant] or certificate holder to an institution
    11  because of mental incompetency from any cause upon filing with
    12  the board a certified copy of such commitment; conviction of a
    13  felony under the act of April 14, 1972 (P.L.233, No.64), known
    14  as "The Controlled Substance, Drug, Device and Cosmetic Act"; or
    15  conviction of an offense under the laws of another jurisdiction
    16  which, if committed in Pennsylvania, would be a felony under
    17  "The Controlled Substance, Drug, Device and Cosmetic Act." As
    18  used in this section the term "conviction" shall include a
    19  judgment, an admission of guilty or a plea of nolo contendere.
    20  Automatic suspension under this section shall not be stayed
    21  pending any appeal of a conviction. Restoration of such
    22  license[, registration] or certificate shall be made as provided
    23  in this act for revocation or suspension of such license[,
    24  registrant] or certificate holder.
    25     Section 11.2.  Temporary Suspension.--The board shall
    26  temporarily suspend a license[, registration] or certificate
    27  under circumstances as determined by the board to be an
    28  immediate and clear danger to the public health or safety. The
    29  board shall issue an order to that effect without a hearing, but
    30  upon due notice, to the licensee[, registrant] or certificate
    20070H1199B4189                 - 40 -     

     1  holder concerned at his last known address, which shall include
     2  a written statement of all allegations against the licensee[,
     3  registrant] or certificate holder. The provisions of section
     4  11(c) shall not apply to temporary suspension. The board shall
     5  thereupon commence formal action to suspend, revoke or restrict
     6  the license[, registration] or certificate of the [person]
     7  individual concerned as otherwise provided for in this act. All
     8  actions shall be taken promptly and without delay. Within 30
     9  days following the issuance of an order temporarily suspending a
    10  license[, registration] or certificate, the board shall conduct,
    11  or cause to be conducted, a preliminary hearing to determine
    12  that there is a prima facie case supporting the suspension. The
    13  licensee[, registrant] or certificate holder whose license[,
    14  registration] or certificate has been temporarily suspended may
    15  be present at the preliminary hearing and may be represented by
    16  counsel, cross-examine witnesses, inspect physical evidence,
    17  call witnesses, offer evidence and testimony and make a record
    18  of the proceedings. If it is determined that there is not a
    19  prima facie case, the suspended license[, registration] or
    20  certificate shall be immediately restored. The temporary
    21  suspension shall remain in effect until vacated by the board,
    22  but in no event longer than 180 days.
    23     Section 11.3.  Subpoenas; Examinations; Reports; Surrender of
    24  License.--(a)  The board shall have the authority to issue
    25  subpoenas, upon application of an attorney responsible for
    26  representing the Commonwealth in disciplinary matters before the
    27  board, for the purpose of investigating alleged violations of
    28  the disciplinary provisions administered by the board. The board
    29  shall have the power to subpoena witnesses, to administer oaths,
    30  to examine witnesses and to take testimony or compel the
    20070H1199B4189                 - 41 -     

     1  production of books, records, papers and documents as it may
     2  deem necessary or proper in and pertinent to any proceeding,
     3  investigation or hearing held by it. Patient records may not be
     4  subpoenaed without consent of the patient or without order of a
     5  court of competent jurisdiction on a showing that the records
     6  are reasonably necessary for the conduct of the investigation.
     7  The court may impose such limitations on the scope of the
     8  subpoena as are necessary to prevent unnecessary intrusion into
     9  patient confidential information. The board is authorized to
    10  apply to Commonwealth Court to enforce its subpoenas.
    11     (b)  An attorney responsible for representing the
    12  Commonwealth in disciplinary matters before the board shall
    13  notify the board immediately upon receiving notification of an
    14  alleged violation of this act. The board shall maintain current
    15  records of all reports of alleged violations and periodically
    16  review the records for the purpose of determining that each
    17  alleged violation has been resolved in a timely manner.
    18     (c)  The board shall require [a person] an individual whose
    19  license[,] or certificate [or registration] has been suspended
    20  or revoked to return the license[,] or certificate [or
    21  registration] in such manner as the board directs. [A person] An
    22  individual who fails to do so commits a misdemeanor of the third
    23  degree.
    24     (d)  The board, upon probable cause, has authority to compel
    25  a licensee or certificate holder to submit to a mental or
    26  physical examination by a physician approved by the board.
    27  Failure of a licensee or certificate holder to submit to an
    28  examination when directed by the board, unless the failure is
    29  due to circumstances beyond the licensee's or certificate
    30  holder's control, shall constitute an admission of the
    20070H1199B4189                 - 42 -     

     1  allegations against the licensee or certificate holder,
     2  consequent upon which a default and final order may be entered
     3  without the taking of testimony or presentation of evidence.
     4     (e)  A licensee or certificate holder affected shall, at
     5  reasonable intervals as determined by the board, be afforded an
     6  opportunity to demonstrate that the licensee or certificate
     7  holder can resume competent practice with reasonable skill and
     8  safety.
     9     Section 14.  Section 12 of the act, amended OR ADDED April 4,  <--
    10  1984 (P.L.196, No.41) and December 20, 1985 (P.L.500, No.117),
    11  is amended to read:
    12     Section 12.  Penalties; Injunctive Relief.--(a)  [Any person]
    13  An individual who violates any provision of this act shall be
    14  guilty of a misdemeanor, as herein set forth, and upon
    15  conviction thereof shall be punished by a fine of not less than
    16  [$100] $500 nor more than [$500] $1,000 or by imprisonment for
    17  not less than 30 days nor more than 90 days, or by both such
    18  fine and imprisonment; and on each additional offense shall be
    19  subject to a fine of not less than $1,000 and imprisonment of
    20  not less than six months nor more than one year, at the
    21  discretion of the court.
    22     (b)  The board may, in the name of the people of the
    23  Commonwealth of Pennsylvania, through the Attorney General's
    24  Office, apply for injunctive relief in any court of competent
    25  jurisdiction to enjoin [any person] an individual from
    26  committing any act in violation of this act. Such injunction
    27  proceedings shall be in addition to, and not in lieu of, all
    28  penalties and other remedies in this act.
    29     (c)  In addition to any other civil remedy or criminal
    30  penalty provided for in this act, the board, by a vote of the
    20070H1199B4189                 - 43 -     

     1  majority of the maximum number of the authorized membership of
     2  the board as provided by this act or by a vote of the majority
     3  of the qualified and confirmed membership or a minimum of four
     4  members, whichever is greater, may levy a civil penalty of up to
     5  $1,000 on any current licensee or [registrant] certificate
     6  holder who violates any provisions of this act or on [any
     7  person] an individual who practices physical therapy without
     8  being properly licensed to do so under this act or who practices
     9  as a physical therapist assistant without being properly
    10  [registered] certified to do so under this act. [The board shall  <--
    11  levy this penalty only after affording the accused party the
    12  opportunity for a hearing, as provided in Title 2 of the
    13  Pennsylvania Consolidated Statutes (relating to administrative
    14  law and procedure).]                                              <--
    15     (d)  All fines and civil penalties imposed in accordance with
    16  this section shall be paid into the Professional Licensure
    17  Augmentation Account.
    18     Section 15.  Section 13 of the act, added December 20, 1985
    19  (P.L.500, No.117), is amended to read:
    20     Section 13.  Impaired Professional.--(a)  The board, with the
    21  approval of the Commissioner of Professional and Occupational
    22  Affairs, shall appoint and fix the compensation of a
    23  professional consultant who is a licensee of the board, or such
    24  other professional as the board may determine, with education
    25  and experience in the identification, treatment and
    26  rehabilitation of [persons] individuals with physical or mental
    27  impairments. Such consultant shall be accountable to the board
    28  and shall act as a liaison between the board and treatment
    29  programs, such as alcohol and drug treatment programs licensed
    30  by the Department of Health, psychological counseling and
    20070H1199B4189                 - 44 -     

     1  impaired professional support groups, which are approved by the
     2  board and which provide services to licensees or certificate
     3  holders under this act.
     4     (b)  The board may defer and ultimately dismiss any of the
     5  types of corrective action set forth in this act for an impaired
     6  professional so long as the professional is progressing
     7  satisfactorily in an approved treatment program, provided that
     8  the provisions of this subsection shall not apply to a
     9  professional convicted of a felonious act prohibited by the act
    10  of April 14, 1972 (P.L.233, No.64), known as "The Controlled
    11  Substance, Drug, Device and Cosmetic Act," or convicted of a
    12  felony relating to a controlled substance in a court of law of
    13  the United States or any other state, territory or country. An
    14  approved program provider shall, upon request, disclose to the
    15  consultant such information in its possession regarding an
    16  impaired professional in treatment which the program provider is
    17  not prohibited from disclosing by an act of this Commonwealth,
    18  another state or the United States. Such requirement of
    19  disclosure by an approved program provider shall apply in the
    20  case of impaired professionals who enter an agreement in
    21  accordance with this section, impaired professionals who are the
    22  subject of a board investigation or disciplinary proceeding and
    23  impaired professionals who voluntarily enter a treatment program
    24  other than under the provisions of this section but who fail to
    25  complete the program successfully or to adhere to an after-care
    26  plan developed by the program provider.
    27     (c)  An impaired professional who enrolls in an approved
    28  treatment program shall enter into an agreement with the board
    29  under which the professional's license or certificate shall be
    30  suspended or revoked, but enforcement of that suspension or
    20070H1199B4189                 - 45 -     

     1  revocation may be stayed for the length of time the professional
     2  remains in the program and makes satisfactory progress, complies
     3  with the terms of the agreement and adheres to any limitations
     4  on his practice imposed by the board to protect the public.
     5  Failure to enter into such an agreement shall disqualify the
     6  professional from the impaired professional program and shall
     7  activate an immediate investigation and disciplinary proceeding
     8  by the board.
     9     (d)  If, in the opinion of the consultant after consultation
    10  with the provider, an impaired professional who is enrolled in
    11  an approved treatment program has not progressed satisfactorily,
    12  the consultant shall disclose to the board all information in
    13  his possession regarding said professional, and the board shall
    14  institute proceedings to determine if the stay of the
    15  enforcement of the suspension or revocation of the impaired
    16  professional's license or certificate shall be vacated.
    17     (e)  An approved program provider who makes a disclosure
    18  pursuant to this section shall not be subject to civil liability
    19  for such disclosure or its consequences.
    20     (f)  Any hospital or health care facility, peer or colleague
    21  who has substantial evidence that a professional has an active
    22  addictive disease for which the professional is not receiving
    23  treatment, is diverting a controlled substance or is mentally or
    24  physically incompetent to carry out the duties of his or her
    25  license or certification shall make or cause to be made a report
    26  to the board: Provided, That [any person] an individual or
    27  facility who acts in a treatment capacity to an impaired
    28  physical therapist in an approved treatment program is exempt
    29  from the mandatory reporting requirements of this subsection.
    30  [Any person or facility who reports pursuant to this section in
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     1  good faith and without malice shall be immune from any civil or
     2  criminal liability arising from such report. Failure to provide
     3  such report within a reasonable time from receipt of knowledge
     4  of impairment shall subject the person or facility to a fine not
     5  to exceed $1,000. The board shall levy this penalty only after
     6  affording the accused party the opportunity for a hearing, as
     7  provided in Title 2 of the Pennsylvania Consolidated Statutes
     8  (relating to administrative law and procedure).]
     9     (g)  An individual or facility who reports pursuant to this
    10  section in good faith and without malice shall be immune from
    11  any civil or criminal liability arising from such report.
    12  Failure to provide a report within a reasonable time from
    13  receipt of knowledge of impairment shall subject the individual
    14  or facility to a fine not to exceed $1,000. The board shall levy
    15  this penalty only after affording the accused party the
    16  opportunity for a hearing as provided in Title 2 of the
    17  Pennsylvania Consolidated Statutes (relating to administrative
    18  law and procedure).
    19     Section 16.  The State Board of Physical Therapy shall
    20  promulgate regulations to implement the amendment or addition of
    21  sections 2, 2.1, 3, 4, 5, 6, 7, 7.1, 7.2, 9, 9.1, 9.2, 9.1(A),    <--
    22  (A.1), (B), (D), (E), (F), (G) AND (J), 11, 11.1, 11.2, 11.3, 12
    23  and 13 of the act within 18 months of the effective date of this
    24  section. UNTIL SUCH TIME AS THE BOARD PROMULGATES RULES AND       <--
    25  REGULATIONS REGARDING ISSUE, RENEWAL, REVOCATION OR SUSPENSION
    26  OF PHYSICAL THERAPIST ASSISTANTS, THE CURRENT RULES AND
    27  REGULATIONS SHALL REMAIN IN EFFECT.
    28     Section 17.  This act shall take effect in 60 90 days.         <--


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