SENATE AMENDED PRIOR PRINTER'S NOS. 1468, 3012, 3239 PRINTER'S NO. 4033
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 TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN SENATE, AS AMENDED, JUNE 24, 2008
AN ACT 1 Amending the act of October 10, 1975 (P.L.383, No.110), entitled 2 "An act relating to the practice of physical therapy," 3 further providing for definitions, for State Board of 4 Physical Therapy and its powers and duties, for training and 5 license required and exceptions, for application for license, 6 for qualifications for license and examinations, for renewal 7 of license and for reporting of multiple licensure; providing 8 for continuing education; further providing for practice of 9 physical therapy, for physical therapy assistant, education 10 and examination, scope of duties and registration and for 11 supportive personnel; repealing provisions relating to 12 Athletic Trainer Advisory Committee and certification of 13 athletic trainers and certification renewal, revocation and 14 suspension; and further providing for refusal or suspension 15 or revocation of license, for automatic suspension, for 16 temporary suspension, for subpoenas, reports and surrender of 17 license, for penalties and injunctive relief and for impaired 18 professional. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. The definitions of "athletic trainer," "Athletic 22 Trainer Advisory Committee," "physical therapist assistant" and
1 "physical therapy" in section 2 of the act of October 10, 1975 2 (P.L.383, No.110), known as the Physical Therapy Practice Act, 3 amended April 2, 2002 (P.L.234, No.27), are amended and the 4 section is amended by adding definitions to read: 5 Section 2. Definitions.--The following definitions shall 6 apply, when used in this act, unless otherwise expressed 7 therein: 8 ["Athletic trainer" shall mean a person certified by the 9 State Board of Physical Therapy as an athletic trainer after 10 meeting the requirements of this act and rules and regulations 11 promulgated pursuant thereto. 12 "Athletic Trainer Advisory Committee" shall mean the 13 committee created by section 10.1 of this act to advise the 14 board.] 15 * * * 16 "CERTIFICATE OF AUTHORIZATION" MEANS A CERTIFICATE, APPROVED <-- 17 BY THE BOARD, TO PRACTICE PHYSICAL THERAPY WITHOUT A REFERRAL 18 UNDER SECTION 9(A). 19 "Certified Registered Nurse Practitioner" means an individual 20 as defined in section 2 of the act of May 22, 1951 (P.L.317, 21 No.69), known as "The Professional Nursing Law." 22 * * * 23 "Consultation by means of telecommunications" means that a 24 physical therapist renders a professional opinion or advice 25 regarding the practice of physical therapy to another physical 26 therapist or licensed health care provider via 27 telecommunications or computer technology from a distant 28 location, subject to section 4(b.3)(5) and consistent with 29 applicable health information privacy laws. It includes the 30 review or transfer of patient records or related information by 20070H1199B4033 - 2 -
1 means of audio, video or data communication. 2 "Dentist" means an individual as defined in 1 Pa.C.S. § 1991 3 (relating to definitions). 4 "Direct on-premises supervision" means the physical presence 5 of a licensed physical therapist in the facility, INCLUDING <-- 6 AFFILIATED BUILDINGS IN IMMEDIATE PROXIMITY, who is immediately 7 available to exercise supervision, direction and control. 8 "Facility" means the physical premises where physical therapy <-- 9 services are being provided and all associated lands and 10 buildings within the immediate proximity. 11 * * * 12 "Physical therapist assistant" shall mean [a person] an 13 individual who has met all the requirements of this act and is 14 [registered] certified as a physical therapist assistant in 15 accordance with this act. ANY PERSON OR INDIVIDUAL WHO IS <-- 16 REGISTERED AND IN GOOD STANDING WITH THE BOARD SHALL BE DEEMED 17 CERTIFIED UNTIL SUCH TIME AS THE BOARD PROMULGATES REGULATIONS 18 REGARDING CERTIFICATION. 19 "Physical therapy" means [the evaluation and treatment of any <-- 20 person by] evaluating, examining and testing individuals with 21 mechanical, physiological and developmental impairments, 22 functional limitations and disabilities or other health-related 23 and movement-related conditions in order to determine a 24 diagnosis, prognosis and plan of treatment intervention within 25 the scope of this act, and to assess the ongoing effects of 26 intervention. The practice of physical therapy includes the 27 performance of tests and measurements as an aid in diagnosis or 28 evaluation of function and the treatment of the individual 29 through the utilization of the effective properties of physical 30 measures such as mechanical stimulation, heat, cold, light, air, 20070H1199B4033 - 3 -
1 water, electricity, sound, massage, [mobilization] 2 mobilization/manual therapy and the use of therapeutic exercises 3 and rehabilitative procedures including training in functional 4 activities, with or without the utilization of assistive 5 devices, for the purpose of limiting or preventing disability 6 and alleviating or correcting any physical or mental 7 conditions[, and the performance of tests and measurements as an 8 aid in diagnosis or evaluation of function]. The practice of 9 physical therapy also includes reducing the risk of injury, 10 impairment, functional limitation and disability as well as 11 engaging in administration, consultation, education and 12 research. 13 "PHYSICAL THERAPY" MEANS [THE EVALUATION AND TREATMENT OF ANY <-- 14 PERSON BY THE UTILIZATION OF THE EFFECTIVE PROPERTIES OF 15 PHYSICAL MEASURES SUCH AS MECHANICAL STIMULATION, HEAT, COLD, 16 LIGHT, AIR, WATER, ELECTRICITY, SOUND, MASSAGE, MOBILIZATION AND 17 THE USE OF THERAPEUTIC EXERCISES AND REHABILITATIVE PROCEDURES 18 INCLUDING TRAINING IN FUNCTIONAL ACTIVITIES, WITH OR WITHOUT 19 ASSISTIVE DEVICES, FOR THE PURPOSE OF LIMITING OR PREVENTING 20 DISABILITY AND ALLEVIATING OR CORRECTING ANY PHYSICAL OR MENTAL 21 CONDITIONS, AND THE PERFORMANCE OF TESTS AND MEASUREMENTS AS AN 22 AID IN DIAGNOSIS OR EVALUATION OF FUNCTION.] ANY OF THE 23 FOLLOWING: 24 (1) THE EVALUATION, EXAMINATION AND TESTING OF INDIVIDUALS 25 WITH MECHANICAL, PHYSIOLOGICAL AND DEVELOPMENTAL IMPAIRMENTS, 26 FUNCTIONAL LIMITATIONS AND DISABILITIES, OTHER HEALTH-RELATED OR 27 MOVEMENT-RELATED CONDITIONS, PERFORMED TO DETERMINE A DIAGNOSIS, 28 PROGNOSIS AND PLAN OF TREATMENT INTERVENTION WITHIN THE SCOPE OF 29 THIS ACT OR TO ASSESS THE ONGOING EFFECTS OF INTERVENTION. 30 (2) THE PERFORMANCE OF TESTS AND MEASUREMENTS AS AN AID IN 20070H1199B4033 - 4 -
1 DIAGNOSIS OR EVALUATION OF FUNCTION AND THE TREATMENT OF THE 2 INDIVIDUAL THROUGH THE UTILIZATION OF THE EFFECTIVE PROPERTIES 3 OF PHYSICAL MEASURES SUCH AS MECHANICAL STIMULATION, HEAT, COLD, 4 LIGHT, AIR, WATER, ELECTRICITY, SOUND, MASSAGE, MOBILIZATION- 5 MANUAL THERAPY. 6 (3) THE USE OF THERAPEUTIC EXERCISES AND REHABILITATIVE 7 PROCEDURES INCLUDING TRAINING IN FUNCTIONAL ACTIVITIES, WITH OR 8 WITHOUT THE UTILIZATION OF ASSISTIVE DEVICES, FOR THE PURPOSE OF 9 LIMITING OR PREVENTING DISABILITY AND ALLEVIATING OR CORRECTING 10 ANY PHYSICAL OR MENTAL CONDITIONS. 11 (4) REDUCING THE RISK OF INJURY, IMPAIRMENT, FUNCTIONAL 12 LIMITATION AND DISABILITY, INCLUDING THE PROMOTION AND 13 MAINTENANCE OF FITNESS, HEALTH AND WELLNESS IN POPULATIONS OF 14 ALL AGES AS WELL AS ENGAGING IN ADMINISTRATION, CONSULTATION, 15 EDUCATION AND RESEARCH. 16 "PHYSICAL THERAPY INDEPENDENT PRIVATE PRACTICE OUTPATIENT 17 FACILITY" MEANS A PRACTICE OWNED AND OPERATED BY A LICENSEE 18 UNDER THIS ACT AND A HEALTH CARE PRACTITIONER, LICENSED BY THIS 19 COMMONWEALTH, AS PERMITTED BY LAW. THE TERM SHALL NOT INCLUDE A 20 PRACTICE OWNED OR AFFILIATED WITH A HOSPITAL OR HEALTH CARE 21 SYSTEM. 22 "Physician assistant" means an individual as defined in the 23 act of October 5, 1978 (P.L.1109, No.261), known as the 24 "Osteopathic Medical Practice Act," or the act of December 20, 25 1985 (P.L.457, No.112), known as the "Medical Practice Act of 26 1985." 27 "Podiatrist" means an individual licensed under the act of 28 March 2, 1956 (1955 P.L.1206, No.375), known as the "Podiatry 29 Practice Act." 30 "UNRESTRICTED LICENSE" MEANS A LICENSE WHICH IS NOT <-- 20070H1199B4033 - 5 -
1 RESTRICTED OR LIMITED BY ORDER OF THE BOARD UNDER ITS 2 DISCIPLINARY POWER. 3 Section 2. Section 2.1 of the act, amended or added December 4 20, 1985 (P.L.500, No.117) and February 21, 2002 (P.L.90, No.6), 5 is amended to read: 6 Section 2.1. State Board of Physical Therapy.--(a) The 7 board shall consist of [eleven] THIRTEEN members, all of whom <-- 8 shall be residents of Pennsylvania. [Six] SEVEN members shall be <-- 9 physical therapists [licensed] holding an active license to 10 practice in this Commonwealth, each having had at least five 11 years of experience as a physical therapist IN THIS <-- 12 COMMONWEALTH, three years of which must have immediately 13 preceded the appointment to the board. One member shall be a 14 physical therapist assistant [currently registered] holding an 15 active certificate with the board [or an athletic trainer 16 currently certified by the board]. Two members shall be 17 representatives of the public. One member shall be the 18 Commissioner of Professional and Occupational Affairs. One 19 member shall be the Physician General of the Commonwealth or his 20 designee. ONE MEMBER SHALL BE THE ATTORNEY GENERAL OR A <-- 21 DESIGNEE. The members of the board, OTHER THAN THE ATTORNEY <-- 22 GENERAL, PHYSICIAN GENERAL AND COMMISSIONER, shall be appointed 23 by the Governor, with the advice and consent of a majority of 24 the members elected to the Senate. The board shall meet no less 25 than four times per calendar year. 26 (b) Professional and public members [appointed after the 27 expiration of the terms of current board members shall serve the 28 following terms: one physical therapist shall serve one year; 29 one physical therapist shall serve two years; one physical 30 therapist and one public member shall serve three years; and two 20070H1199B4033 - 6 -
1 physical therapists, one physical therapist assistant and one 2 public member shall serve four years. Thereafter, professional 3 and public members shall serve] of the board shall serve 4 staggered four-year terms. No member may be eligible for 5 appointment to serve more than two consecutive terms. A member 6 may continue to serve for a period not to exceed six months 7 beyond the expiration of his term, if a successor has yet to be 8 duly appointed and qualified according to law. 9 (c) The board shall select, from among their number, a 10 chairman, a vice chairman and a secretary. 11 (d) A majority of the members of the board serving in 12 accordance with law shall constitute a quorum for purposes of 13 conducting the business of the board. Except for temporary and 14 automatic suspensions under sections 11.1 and 11.2, a member may 15 not be counted as part of a quorum or vote on any issue unless 16 he or she is physically in attendance at the meeting. 17 (e) Each public and professional member of the board shall 18 be paid reasonable traveling, hotel and other necessary expenses 19 and per diem compensation at the rate of $60 for each day of 20 actual service while on board business. 21 (f) [A member who fails to attend three consecutive meetings <-- 22 shall forfeit his seat unless the Commissioner of Professional 23 and Occupational Affairs, upon written request from the member, 24 finds that the member should be excused from a meeting because 25 of illness or the death of an immediate family member.] A <-- 26 PROFESSIONAL OR PUBLIC MEMBER WHO FAILS TO ATTEND THREE MEETINGS 27 IN 18 MONTHS SHALL FORFEIT THE MEMBER'S SEAT UNLESS THE 28 COMMISSIONER UPON WRITTEN REQUEST FROM THE MEMBER FINDS THAT THE 29 MEMBER SHOULD BE EXCUSED FROM A MEETING BECAUSE OF ILLNESS OR 30 DEATH OF A FAMILY MEMBER. 20070H1199B4033 - 7 -
1 (g) In the event that a member of the board dies or resigns 2 or otherwise becomes disqualified during the term of office, a 3 successor shall be appointed in the same way and with the same 4 qualifications as set forth in subsection (a) and shall hold 5 office for the unexpired term. 6 [(h) The board is subject to evaluation, review and 7 termination within the time and in the manner provided in the 8 act of December 22, 1981 (P.L.508, No.142), known as the "Sunset 9 Act."] 10 (i) A public member who fails to attend two consecutive 11 statutorily mandated seminars in accordance with section 813(e) 12 of the act of April 9, 1929 (P.L.177, No.175), known as "The 13 Administrative Code of 1929," shall forfeit his or her seat 14 unless the Commissioner of Professional and Occupational 15 Affairs, upon written request from the public member, finds that 16 the public member should be excused from a meeting because of 17 illness or the death of a family member. 18 Section 3. Section 3 of the act, amended December 20, 1985 19 (P.L.500, No.117), is amended to read: 20 Section 3. Powers and Duties of Board.--(a) It shall be the 21 duty of the board to pass upon the qualifications of applicants 22 for licensure as physical therapists[, registration] and 23 certification as physical therapist assistants [and 24 certification as athletic trainers], to conduct examinations, to 25 issue and renew licenses and certificates of authorization to 26 physical therapists[, registrations] and certificates to 27 physical therapist assistants [and certifications to athletic 28 trainers] who qualify under this act, and in proper cases to 29 refuse to issue, suspend or revoke the license or certificate of 30 authorization of any physical therapist[, registration] or 20070H1199B4033 - 8 -
1 certificate of any physical therapist assistant [or 2 certification of any athletic trainer]. The board may adopt 3 rules and regulations not inconsistent with law as it may deem 4 necessary for the performance of its duties and the proper 5 administration of this law. The board is authorized and 6 empowered to appoint hearing examiners and to conduct 7 investigations and hearings upon charges for discipline of a 8 licensee[, registrant] or certificate holder or for violations 9 of this act, and to cause, through the office of the Attorney 10 General, the prosecution and enjoinder of [persons] individuals 11 violating this act. The board shall maintain a register listing 12 the name of every living physical therapist licensed to practice 13 in this State, and every physical therapist assistant duly 14 [registered] certified pursuant to section 9.1 [and every 15 athletic trainer certified to practice in this State], such 16 individual's last known place of [business and last known place 17 of] residence, and the date and number of the physical 18 therapist's license [or athletic trainer's certification] and <-- 19 the physical therapist assistant's certificate. CERTIFICATION.] <-- 20 AND THE PHYSICAL THERAPIST ASSISTANT'S CERTIFICATE. RESIDENTIAL 21 INFORMATION SHALL NOT BE CONSIDERED A PUBLIC RECORD UNDER THE 22 ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE 23 RIGHT-TO-KNOW LAW. 24 (b) The board shall submit annually to the Department of 25 State and to the House and Senate Appropriations Committees, 26 within 15 days of the date on which the Governor has submitted 27 his budget to the General Assembly, an estimate of the financial 28 requirements of the board for its administrative, investigative, 29 legal and miscellaneous expenses. 30 (c) The board shall submit annually a report, to the 20070H1199B4033 - 9 -
1 Professional Licensure Committee of the House of Representatives 2 and to the Consumer Protection and Professional Licensure 3 Committee of the Senate, containing a description of the types 4 of complaints received, status of cases, board action which has 5 been taken and the length of time from the initial complaint to 6 final board resolution. The board shall report final adverse 7 disciplinary action taken against a licensee to a national 8 disciplinary database recognized by the board as required by 9 law. The board shall be responsible for processing complaints <-- 10 alleging a violation of the act in accordance with the act of 11 April 9, 1929 (P.L.177, No.175), known as "The Administrative 12 Code of 1929." 13 Section 4. Section 4 of the act, amended April 4, 1984 <-- 14 (P.L.196, No.41) and December 20, 1985 (P.L.500, No.117), is 15 amended to read: 16 Section 4. Training and License Required; Exceptions.--(a) 17 It shall be unlawful for [any person] an individual to practice 18 or hold himself out as being able to practice physical therapy 19 in this State in any manner whatsoever unless such [person] 20 individual has met the educational requirements and is licensed 21 in accordance with the provisions of this act. The board shall 22 determine standards, by regulations, regarding qualifications 23 necessary for the performance of such tests or treatment forms 24 as the board shall determine require additional training or 25 education beyond the educational requirements set forth by this 26 act, as such relates to the practice of physical therapy in 27 accordance with law. Nothing in this act, however, shall 28 prohibit [any person] an individual trained and licensed or 29 certified to practice or to act within the scope of his license 30 or certification in this State under any other law, from 20070H1199B4033 - 10 -
1 engaging in the licensed or certified practice for which he is
2 trained.
3 [(b) This act shall not prohibit students who are enrolled
4 in schools of physical therapy approved by the board, from
5 performing acts of physical therapy as is incidental to their
6 course of study; nor shall it prevent any student in any
7 educational program in the healing arts approved or accredited
8 under the laws of Pennsylvania in carrying out prescribed
9 courses of study. Nothing in this act shall apply to any person
10 employed by an agency, bureau, or division of the Federal
11 Government while in the discharge of official duties, however,
12 if such individual engages in the practice of physical therapy
13 outside the scope of official duty, such individual must meet
14 the educational requirements and be licensed as herein provided.
15 The provisions of this act are not intended to limit the
16 activities of persons legitimately engaged in the nontherapeutic
17 administration of baths, massage, and normal exercise.]
18 (b.1) It shall be a violation of this act for [any person]
19 an individual or business entity to utilize in connection with a
20 business name or activity the words "physical therapy,"
21 "physical therapist," "physiotherapy," "physiotherapist" or
22 similar words and their related abbreviations which imply
23 directly or indirectly that physical therapy services are being
24 provided, including the billing of physical therapy services,
25 unless such services are provided by a licensed physical
26 therapist in accordance with this act: Provided, however, That
27 nothing in this section shall limit a physician's authority to
28 practice medicine or to bill for such practice nor limit a
29 chiropractor's authority to practice chiropractic or to bill for
30 such practice.
20070H1199B4033 - 11 -
1 (b.2) Nothing in this act shall limit a physician's 2 authority to practice medicine or to delegate the performance of 3 a medical service to a certified physical therapist assistant 4 who is under the supervision of a licensed physical therapist, 5 if the medical service is within the education and training for 6 the physical therapist assistant and provided that the licensed 7 physical therapist provides the initial evaluation for the 8 physical therapy. 9 (b.3) This act shall not prohibit the following activities <-- 10 by the following individuals: 11 (B.3) THE FOLLOWING SHALL APPLY: <-- 12 (1) A student who is enrolled in a board-approved school of 13 physical therapy from performing acts of physical therapy as is <-- 14 MAY PERFORM ACTS OF PHYSICAL THERAPY incidental to the student's <-- 15 course of study. 16 (2) An individual engaged MAY ENGAGE in the nontreatment- <-- 17 specific administration of baths, massage and exercise. 18 (3) A physical therapist who is licensed without restriction <-- 19 in a HOLDING AN UNRESTRICTED LICENSE IN ANOTHER jurisdiction of <-- 20 the United States or credentialed in another country, if that 21 individual by contract or employment is providing physical 22 therapy to individuals affiliated with or employed by 23 established athletic teams, athletic organizations or performing 24 arts companies temporarily practicing, competing or performing 25 in this Commonwealth, MAY PERFORM PHYSICAL THERAPY for no more <-- 26 than 60 days within a consecutive 12-month period. 27 (4) A physical therapist who is licensed without restriction <-- 28 in a HOLDING AN UNRESTRICTED LICENSE IN ANOTHER jurisdiction of <-- 29 the United States and who enters OR CREDENTIALED IN ANOTHER <-- 30 COUNTRY MAY ENTER this Commonwealth to provide physical therapy 20070H1199B4033 - 12 -
1 during a declared local, State or national disaster or <-- 2 emergency. This exemption applies for no more than 60 days 3 within a consecutive 12-month period following the declaration 4 of the emergency. In order to be eligible for this exemption, 5 the physical therapist shall notify the board of their intent to 6 practice. 7 (5) A physical therapist who holds an active UNRESTRICTED <-- 8 license in another jurisdiction of the United States if that <-- 9 individual is providing consultation for no fee MAY PROVIDE <-- 10 CONSULTATION by means of telecommunication WHERE THERE IS NO FEE <-- 11 PAID FOR THE CONSULTATION. 12 (6) An individual employed by an agency, bureau or division 13 of the Federal Government while in the discharge of WHO IS <-- 14 DISCHARGING official duties is not subject to this act. However, 15 if the individual engages in the practice of physical therapy 16 outside the scope of official duty DUTIES, the individual must <-- 17 meet the educational requirements and be licensed or certified 18 as provided in this act. 19 (c) The practice of physical therapy shall not include the 20 practice of chiropractic as defined by the act of [August 10, 21 1951 (P.L.1182, No.264), known as the "Chiropractic Registration 22 Act of 1951."] December 16, 1986 (P.L.1646, No.188), known as 23 the "Chiropractic Practice Act." 24 (d) A physical therapist assistant who is certified or <-- 25 licensed in a jurisdiction of the United States and is assisting 26 a physical therapist engaged specifically in activities related 27 to subsection (b.3)(3) and (4) is exempt from the requirement of 28 certification under this act for no more than 60 days within a 29 consecutive 12-month period. 30 (D) A PHYSICAL THERAPIST ASSISTANT IS EXEMPT FROM THE <-- 20070H1199B4033 - 13 -
1 REQUIREMENT OF CERTIFICATION UNDER THIS ACT FOR NO MORE THAN 60 2 DAYS WITHIN A CONSECUTIVE 12-MONTH PERIOD IF THE PHYSICAL 3 THERAPIST ASSISTANT IS CERTIFIED OR LICENSED IN A JURISDICTION 4 OF THE UNITED STATES OR CREDENTIALED IN ANOTHER COUNTRY AND IS 5 ASSISTING A PHYSICAL THERAPIST ENGAGED SPECIFICALLY IN 6 ACTIVITIES RELATED TO SUBSECTION (B.3)(3) AND (4). 7 (E) NOTWITHSTANDING SUBSECTION (D), A PHYSICAL THERAPIST 8 ASSISTANT PROVIDING PHYSICAL THERAPY ACTS AND SERVICES AND THE 9 PHYSICAL THERAPIST SUPERVISING SUCH PHYSICAL THERAPIST ASSISTANT 10 SHALL BE SUBJECT TO THE SUPERVISION REQUIREMENTS OF THIS ACT. 11 Section 5. Section 5 of the act, amended April 4, 1984 12 (P.L.196, No.41), is amended to read: 13 Section 5. Application for License.--Unless entitled to 14 licensure without examination under the provisions of section 6, 15 [a person] an individual who desires and applies to be licensed 16 as a physical therapist shall apply to the board [in writing, on 17 forms] on a form furnished by the board, and such application 18 [blanks] shall embody evidence satisfactory to the board of the 19 applicant's possessing the qualifications preliminary to 20 examination required by this act. At the time of forwarding such 21 application to the board, an applicant for licensure as a 22 physical therapist shall pay a fee as set by regulation. 23 Section 6. Sections 6, 7 and 7.1 of the act, amended or 24 added December 20, 1985 (P.L.500, No.117), are amended to read: <-- 25 Section 6. Qualifications for License; Examinations; Failure 26 of Examinations; Licensure Without Examination; Issuing of 27 License; Foreign Applicants for Licensure; Temporary License; 28 Perjury.--(a) To be eligible for licensure as a physical 29 therapist, an applicant must be at least 20 years of age unless 30 otherwise determined by the board in its discretion, be of good 20070H1199B4033 - 14 -
1 moral character, not be addicted to the habitual use of alcohol 2 or narcotics or other habit-forming drugs, and be a graduate of 3 a school offering an educational program in physical therapy as 4 adopted by the board, which program has been approved for the 5 education and training of physical therapists by the appropriate 6 nationally recognized accrediting agency. [By the time of 7 completion of] An applicant completing the professional study of 8 physical therapy[, a physical therapist] after 2002 must hold a 9 minimum of a master's degree from a regionally accredited 10 institution of higher education. An applicant completing the 11 professional study of physical therapy between January 1967 and 12 2002 must hold a minimum of a baccalaureate degree from a 13 regionally accredited institution of higher education. In the 14 case of those applicants who have completed requirements prior 15 to the first day of January, 1967, but who may not technically 16 or totally fulfill the above requirements, the board at its 17 discretion and by the majority vote of all members present may 18 accept evidence of satisfactory equivalence. The board shall not 19 issue a license to an applicant who has been convicted of a 20 felony under the act of April 14, 1972 (P.L.233, No.64), known 21 as "The Controlled Substance, Drug, Device and Cosmetic Act," or 22 of an offense under the laws of another jurisdiction which, if 23 committed in this Commonwealth, would be a felony under "The 24 Controlled Substance, Drug, Device and Cosmetic Act," unless: 25 (1) at least ten years have elapsed from the date of 26 conviction; 27 (2) the applicant satisfactorily demonstrates to the board 28 that he has made significant progress in personal rehabilitation 29 since the conviction such that licensure of the applicant should 30 not be expected to create a substantial risk of harm to the 20070H1199B4033 - 15 -
1 health and safety of patients or the public or a substantial 2 risk of further criminal violations; and 3 (3) the applicant otherwise satisfies the qualifications 4 contained in or authorized by this act. 5 As used in this subsection the term "convicted" includes a 6 judgment, an admission of guilt or a plea of nolo contendere. 7 (b) An applicant for licensure must pass [a written] an 8 examination approved by the board which shall test the 9 applicant's knowledge of the basic and clinical sciences as they 10 relate to physical therapy theory and physical therapy 11 procedures and such other subjects as the board may deem 12 necessary to test the applicant's fitness to practice physical 13 therapy. No license shall be granted unless an applicant has 14 attained passing scores established by the testing agency and 15 published prior to the administration of the examination. The 16 examination shall be held [within the Commonwealth of 17 Pennsylvania twice a year] at such time and place as the board 18 shall determine. 19 (c) In case of failure at the first examination, the 20 applicant for licensure shall have, after the expiration of [six 21 months] 60 days and within [two years] one year from the first 22 failure, the privilege of a second examination. The board may 23 adopt regulations governing the eligibility of applicants who 24 have failed to pass two examinations in order to be admitted to 25 subsequent examinations. An applicant may take the examination 26 no more than three times in a consecutive 12-month period. 27 (d.1) The board may grant licenses and [registrations] 28 certifications without further examination to individuals from 29 another state, territory or the District of Columbia if the 30 following conditions exist: 20070H1199B4033 - 16 -
1 (1) Licensing or [registration] certification standards in 2 the other state, territory or the District of Columbia are 3 substantially the same as those of this act. 4 (2) Similar privileges are accorded [persons] individuals 5 licensed or [registered] certified in this Commonwealth. 6 (3) The applicant holds a valid license [or registration], 7 registration or certification issued by the other state, 8 territory or the District of Columbia. 9 (4) The applicant complies with the rules and regulations of 10 the board. 11 (e) The board shall issue a license to a physical therapist 12 who successfully establishes his eligibility under the terms of 13 this act and [any person] an individual who holds a license 14 pursuant to this section may use the words physical therapist or 15 licensed physical therapist and he [may] shall use the letters 16 [LPT] PT in connection with his name or place of business to 17 denote his licensure hereunder. A licensed physical therapist 18 may include designations for physical therapy degrees, including 19 MPT and DPT when a master's or doctor's of physical therapy 20 degree has been earned from a regionally accredited institution 21 of higher education, academic degrees, specialist certification 22 and other credentials after the letters PT. 23 (f) [Foreign trained physical therapists who desire and 24 apply to be licensed as a physical therapist by the board shall, 25 before examination, furnish proof as to age, moral character, 26 and no addiction to the use of alcohol or narcotics or other 27 habit-forming drugs, and shall present proof indicating the 28 completion of educational requirements substantially equal to 29 those in subsection (a). In addition thereto] At the board's 30 discretion, the foreign trained applicant must complete[, at the 20070H1199B4033 - 17 -
1 board's discretion,] up to one year of supervised clinical 2 experience as prescribed by the board prior to taking the 3 examination for licensure. 4 (g) Upon the submission of [a written application, on forms 5 provided by it] an application as provided by the board, the 6 board shall issue a temporary license to an applicant for 7 licensure who has met all of the requirements of subsection (a) 8 and who is eligible to take the examination provided for in 9 subsection (b). The board shall issue only one temporary license 10 to an applicant, and such temporary license shall expire upon 11 failure of the first examination or six months after the date of 12 issue, whichever first occurs. Issuance by the board of a 13 temporary license shall permit the applicant to practice 14 physical therapy only while under the direct on-premises 15 supervision of a licensed physical therapist with at least two 16 years of experience. Upon expiration, the temporary license 17 shall be promptly returned by the applicant to the board. 18 (h) Any applicant who knowingly or willfully makes a false 19 statement of fact in any application shall be subject to 20 prosecution for perjury. 21 (i) An applicant for licensure who has been educated outside 22 of the United States shall: 23 (1) Complete the application process, including payment of 24 fees. 25 (2) Provide proof of holding an unrestricted license in the 26 country where the applicant was educated. 27 (3) Provide satisfactory evidence that the applicant's 28 education is substantially equivalent to the education of 29 physical therapists educated in an accredited entry-level <-- 30 program as determined by the board. Graduation outside the 20070H1199B4033 - 18 -
1 United States from a professional education program accredited 2 by the same accrediting agency that the board approves for 3 programs within the United States constitutes evidence of 4 substantial equivalency. In all other instances, "substantially 5 equivalent" means that an applicant for licensure educated 6 outside the United States shall have: 7 (i) Graduated from a physical therapist education program 8 that prepares the applicant to engage without restriction in the 9 practice of physical therapy. 10 (ii) Provided written proof that the applicant's school of 11 physical therapy is recognized by its own ministry of education. 12 (iii) Undergone a credentials evaluation as directed by the 13 board that determines that the candidate has met uniform 14 criteria for education requirements as further established by 15 this rule. 16 (iv) Completed any additional education as required by the 17 board. 18 (4) Comply with all State, Federal and administrative laws 19 and regulations related to the application for and maintenance 20 of licensure. 21 (5) Pass the examination approved by the board. 22 (6) Meet the requirements established by board regulations 23 if applicable. 24 (k) (J) Each licensee and certificate holder shall display a <-- 25 copy of the licensee's license or certificate holder's 26 certificate in a location accessible to public view and produce 27 a copy immediately upon request. 28 Section 7. Renewal of License.--Each license issued under 29 the provisions of this act shall be renewed biennially. On or 30 before November 1 of each renewal year, the board shall mail an 20070H1199B4033 - 19 -
1 application for renewal of license to each [person] individual 2 to whom a license was issued or renewed during the current 3 licensing period, which application shall be mailed to the most 4 recent address of said [person] individual as it appears on the 5 records of the board. Such [person] individual shall complete 6 the renewal application and [return] submit it to the board with 7 a renewal fee before December 31 of the year in which said 8 application was received. Upon receipt of any such application 9 and fee, the board shall verify the accuracy of such application 10 and issue to the applicant a certificate of renewal of license 11 for the next licensing period as described above. The renewal 12 fee for each licensing period shall be set by regulation. 13 Section 7.1. Reporting of Multiple Licensure.--Any licensed 14 physical therapist or [registered] certified physical therapist 15 assistant of this Commonwealth who is also licensed to practice 16 physical therapy or [registered] certified as a physical 17 therapist assistant in any other state, territory or country 18 shall report this information to the board on the biennial 19 registration application. Any disciplinary action taken in such 20 other jurisdiction shall be reported to the board on the 21 biennial registration application, or within [90] 30 days of 22 final disposition, whichever occurs sooner. Multiple licensure 23 or [registration] certification shall be noted by the board on 24 the physical therapist or physical therapist assistant's record, 25 and such state, territory or country shall be notified by the 26 board of any disciplinary actions taken against said physical 27 therapist or physical therapist assistant in this Commonwealth. 28 Section 7. The act is amended by adding a section to read: 29 Section 7.2. Continuing Education.--For each license 30 renewal, a licensee shall complete within the immediately 20070H1199B4033 - 20 -
1 preceding two-year period at least 30 hours of continuing 2 physical therapy education as approved by the board. The 3 licensee shall provide the board with evidence of the completion 4 of the continuing education. A physical therapist who has met 5 the continuing education requirements for a certificate of 6 authorization set forth in section 9(c)(1) shall be deemed to 7 have met the continuing education requirement for license 8 renewal. No credit shall be given for any course in office 9 management or practice building. 10 Section 8. Section 9 of the act, amended February 21, 2002 11 (P.L.90, No.6), is amended to read: 12 Section 9. Practice of Physical Therapy.--(a) Except as 13 provided in subsection (b), no [person] individual licensed 14 under this act as a physical therapist shall treat human 15 ailments by physical therapy or otherwise except by the referral 16 of [a person] an individual licensed as a physician, a licensed 17 physician assistant practicing pursuant to a written agreement 18 with a physician, or a certified registered nurse practitioner 19 practicing pursuant to a collaborative agreement with a 20 physician; however, a physical therapist shall be permitted to 21 accept the referral of a licensed dentist or podiatrist 22 [licensed], for the treatment of a condition that is within the 23 scope of practice of dentistry or podiatry. Nothing in this act 24 shall be construed as authorization for a physical therapist to 25 practice any branch of the healing arts except as described in 26 this act. [Any person] An individual violating the provisions of <-- 27 this act shall be guilty of a misdemeanor as described in 28 section 12.] For purposes of this section, relating to <-- 29 referrals, a licensed physician, dentist or podiatrist means an 30 individual holding an active license in this Commonwealth, the 20070H1199B4033 - 21 -
1 District of Columbia or any other state or United States 2 territory. 3 (b) Licensees who meet the standards set forth in this 4 subsection may apply to the board for a certificate of 5 authorization to practice physical therapy under this act 6 without the required referral under subsection (a). A 7 certificate of authorization to practice physical therapy 8 without a referral under subsection (a) shall not authorize a 9 physical therapist either to treat a condition in [any person] 10 an individual which is a nonneurologic, nonmuscular or 11 nonskeletal condition or to treat [a person] an individual who 12 has an acute cardiac or acute pulmonary condition unless the 13 physical therapist has consulted with the [person's] 14 individual's licensed physician, dentist or podiatrist regarding 15 the [person's] individual's condition and the physical therapy 16 treatment plan or has referred the [person] individual to a 17 licensed physician, dentist or podiatrist for diagnosis and 18 referral. The certificate of authorization shall be issued only 19 to licensed physical therapists practicing physical therapy. The 20 certificate of authorization shall be displayed by the 21 certificate holder in a manner conspicuous to the public. The 22 renewal of the certificate of authorization shall coincide with 23 the renewal of the license of the licensee. Licensees making 24 application for a certificate of authorization shall present 25 satisfactory evidence to the board of all of the following: 26 (1) That the licensee has: 27 (i) passed an examination for licensure to practice physical 28 therapy, which examination included testing on the appropriate 29 evaluative procedures to treat [a person] an individual without 30 a referral; or 20070H1199B4033 - 22 -
1 (ii) passed an examination for licensure to practice 2 physical therapy prior to 1990 and successfully completed a 3 course approved by the board on the appropriate evaluative 4 procedures to treat [a person] an individual without a referral. 5 (2) That the licensee has: 6 (i) practiced physical therapy as a licensed physical 7 therapist in the delivery of patient care in accordance with 8 this act on a continuous basis for at least two years 9 immediately preceding the application for a certificate of 10 authorization; 11 (ii) been licensed under section 6(d.1) and has practiced 12 physical therapy in the delivery of patient care as a licensed 13 physical therapist in a reciprocal state on a continuous basis 14 for at least two years immediately preceding the application for 15 a certificate of authorization; or 16 (iii) provided proof of meeting the standards of clause (i) 17 or (ii) of this paragraph through the application of any 18 combination thereof. 19 (3) That the license of that licensee has been maintained in 20 good standing. 21 (4) That the licensee has professional liability insurance 22 in accordance with the following provisions: 23 [(i) [Beginning with the first license renewal period at <-- 24 least two years after the effective date of this subsection or 25 upon first making application for a certificate of 26 authorization, whichever occurs earlier, any licensee applying 27 for and obtaining a certificate of authorization shall obtain 28 and maintain, to the satisfaction of the board, professional 29 liability insurance coverage in the minimum amounts required to 30 be maintained by physicians pursuant to the act of October 15, 20070H1199B4033 - 23 -
1 1975 (P.L.390, No.111), known as the "Health Care Services 2 Malpractice Act." The professional liability insurance coverage 3 shall remain in effect as long as that licensee has a 4 certificate of authorization.] A licensee with a certificate of <-- 5 authorization under this act practicing in this Commonwealth 6 shall maintain a level of professional liability insurance 7 coverage as required for a nonparticipating health care provider 8 under the act of March 20, 2002 (P.L.154, No.13), known as the 9 "Medical Care Availability and Reduction of Error (Mcare) Act," 10 but shall not be eligible to participate in the Medical Care 11 Availability and Reduction of Error (Mcare) Fund. 12 (i.1) The board shall accept from a licensee with a 13 certificate of authorization as satisfactory evidence of 14 insurance coverage any of the following: 15 (A) Self-insurance. 16 (B) Personally purchased liability insurance. 17 (C) Professional liability insurance coverage provided by 18 the licensee's employer. 19 (D) Similar insurance coverage acceptable to the board. 20 (i.2) A licensee with a certificate of authorization under 21 this act need not be separately insured if the licensee's 22 employer is a health care provider as defined by the "Medical 23 Care Availability and Reduction of Error (Mcare) Act" that 24 maintains insurance as required by Mcare; or whose employer is 25 not a health care provider as defined by the "Medical Care 26 Availability and Reduction of Error (Mcare) Act," but who 27 maintains insurance at the level required of a nonparticipating 28 health care provider under the "Medical Care Availability and 29 Reduction of Error (Mcare) Act." 30 (ii) A licensee shall notify the board within [30] 10 days <-- 20070H1199B4033 - 24 -
1 of the licensee's failure to be covered by the required 2 insurance. Failure to notify the board shall be actionable under 3 section 11 or 12. Further, the certificate of authorization of 4 that licensee shall automatically be suspended upon failure to 5 be covered by the required insurance and shall not be restored 6 until submission to the board of satisfactory evidence that the 7 licensee has the required professional liability insurance 8 coverage. 9 [(iii) The board shall accept from licensees as satisfactory <-- 10 evidence of insurance coverage under this subsection any or all 11 of the following: self-insurance, personally purchased 12 professional liability insurance, professional liability 13 insurance coverage provided by the licensee's employer or any 14 similar type of coverage.] <-- 15 (III.1) A LICENSEE UNDER THIS ACT PRACTICING IN THIS <-- 16 COMMONWEALTH SHALL MAINTAIN A LEVEL OF PROFESSIONAL LIABILITY 17 INSURANCE COVERAGE IN THE MINIMUM AMOUNT OF $1,000,000 PER 18 OCCURRENCE OR CLAIMS MADE. FAILURE TO MAINTAIN INSURANCE 19 COVERAGE AS REQUIRED SHALL SUBJECT THE LICENSEE TO DISCIPLINARY 20 PROCEEDINGS. THE BOARD SHALL ACCEPT AS SATISFACTORY EVIDENCE OF 21 INSURANCE COVERAGE ANY OF THE FOLLOWING: 22 (A) SELF-INSURANCE; 23 (B) PERSONALLY PURCHASED LIABILITY INSURANCE; OR 24 (C) PROFESSIONAL LIABILITY INSURANCE COVERAGE PROVIDED BY 25 THE PHYSICAL THERAPIST'S EMPLOYER OR SIMILAR INSURANCE COVERAGE 26 ACCEPTABLE TO THE BOARD. 27 (III.2) A LICENSE APPLICANT SHALL PROVIDE PROOF THAT THE 28 APPLICANT HAS OBTAINED PROFESSIONAL LIABILITY INSURANCE IN 29 ACCORDANCE WITH SUBPARAGRAPH (III.1). IT IS SUFFICIENT IF THE 30 APPLICANT FILES WITH THE APPLICATION A COPY OF A LETTER FROM THE 20070H1199B4033 - 25 -
1 APPLICANT'S PROFESSIONAL LIABILITY INSURANCE CARRIER INDICATING 2 THAT THE APPLICANT WILL BE COVERED AGAINST PROFESSIONAL 3 LIABILITY IN THE REQUIRED AMOUNTS EFFECTIVE UPON THE ISSUANCE OF 4 THE APPLICANT'S LICENSE TO PRACTICE PHYSICAL THERAPY IN THIS 5 COMMONWEALTH. 6 (III.3) UPON ISSUANCE OF A LICENSE, A LICENSEE HAS 30 DAYS 7 TO SUBMIT TO THE BOARD THE CERTIFICATE OF INSURANCE OR A COPY OF 8 THE POLICY DECLARATION PAGE. 9 (iv) The board shall adopt, by regulation, standards and 10 procedures established by the Insurance Commissioner for self- 11 insurance. In the absence of these standards and procedures, the 12 board, after consultation with the Insurance Commissioner, shall 13 establish standards and procedures by regulation for self- 14 insurance under this subsection. 15 (c) (1) For each renewal of the certificate of 16 authorization, the licensee shall complete within the 17 immediately preceding two-year period at least [20] 30 hours of 18 continuing physical therapy education related to keeping the 19 certificate holder apprised of advancements and new developments 20 in the practice of the physical therapy profession. At least ten 21 of the [20] 30 hours shall be in appropriate evaluative 22 procedures to treat [a person] an individual without a referral. 23 No credit shall be given for any course in office management or 24 practice building. The licensee shall provide the board with 25 evidence of the completion of the continuing education. 26 (2) Continuing education programs and program providers 27 under this subsection shall be approved by the board in 28 accordance with standards and criteria established by the board 29 by regulation. The regulation shall include any fees necessary 30 to implement this provision and provide for waiver of the 20070H1199B4033 - 26 -
1 continuing education requirement due to illness or hardship in 2 any licensing renewal period. 3 [(3) The requirements for continuing physical therapy 4 education shall not apply until the first renewal of the 5 certificate of authorization at least two years after the 6 effective date of this subsection. No credit shall be given for 7 any course in office management or practice building.] 8 (d) A physical therapist practicing physical therapy under 9 this act shall refer patients to a licensed physician or other 10 appropriate health care practitioner in any of the following 11 cases: 12 (1) Cases where symptoms are present for which physical 13 therapy is a contraindication. 14 (2) Cases for which treatment is outside the scope of 15 practice of physical therapy. 16 (3) Cases for which treatment is beyond the education, 17 expertise or experience of the physical therapist. 18 (e) A physical therapist may treat [a person] an individual 19 without a referral as provided for in subsection (b) for up to 20 30 days from the date of the first treatment. A physical 21 therapist shall not treat [a person] an individual beyond 30 22 days from the date of the first treatment unless he or she has 23 obtained a referral from a licensed physician[, dentist or 24 podiatrist.]; a licensed physician assistant practicing pursuant 25 to a written agreement with a physician; a certified registered 26 nurse practitioner practicing pursuant to a collaborative 27 agreement with a physician; or a licensed dentist or licensed 28 podiatrist, for the treatment of a condition that is within the 29 scope of practice of dentistry or podiatry. The date of the 30 first treatment for purposes of this subsection is the date the 20070H1199B4033 - 27 -
1 [person] individual is treated by any physical therapist 2 treating without a referral. 3 (f) Nothing in this section shall be construed to require or 4 preclude third-party insurance reimbursement. Nothing herein 5 shall preclude an insurer or other third-party payor from 6 requiring that a physical therapist obtain a referral from a 7 licensed physician[, dentist or podiatrist or]; a licensed 8 physician assistant practicing pursuant to a written agreement 9 with a physician; a certified registered nurse practitioner 10 practicing pursuant to a collaborative agreement with a 11 physician; or a licensed dentist or licensed podiatrist, for the 12 treatment of a condition that is within the scope of practice of 13 dentistry or podiatry; or that a physical therapist file an 14 evaluation and treatment plan with the insurer or third-party 15 payor as a precondition of reimbursement. 16 Section 9. Sections 9.1 and 9.2 of the act, added December 17 20, 1985 (P.L.500, No.117), are amended to read: 18 Section 9.1. Physical Therapist Assistant; Education and 19 Examination; Scope of Duties; [Registration] Certification.--(a) 20 To be eligible [to register with] for certification by the board 21 as a physical therapist assistant, an applicant must be at least 22 [20] 18 years of age unless otherwise determined by the board, 23 be of good moral character, not be addicted to the habitual use 24 of alcohol or narcotics or other habit-forming drugs, be a 25 graduate of a physical therapist assistant program adopted by 26 the board, which program has been approved for the education and 27 training for physical therapist assistants by the appropriate 28 nationally recognized accrediting agency and be successful in 29 passing an examination [adopted] APPROVED by the board, subject <-- 30 to rules and regulations established by the board and 20070H1199B4033 - 28 -
1 administered in accordance with section 812.1 of the act of 2 April 9, 1929 (P.L.177, No.175), known as "The Administrative 3 Code of 1929." APPLICANTS ELIGIBLE TO REGISTER WITH THE BOARD <-- 4 SHALL BE DEEMED ELIGIBLE FOR CERTIFICATION BY THE BOARD UNTIL 5 SUCH TIME AS THE BOARD PROMULGATES ANY REGULATION REGARDING 6 CERTIFICATION. No applicant shall be [registered] certified 7 unless he has attained passing scores established by the 8 [testing agency] board and published prior to the administration 9 of the examination. 10 (a.1) Upon the submission of an application, as provided by 11 the board, the board shall issue a temporary certificate to an 12 applicant for certification who has met all of the requirements 13 of subsection (a) and who is eligible to take the examination 14 provided for in subsection (a). The board shall issue only one 15 temporary certificate to an applicant, and the temporary 16 certificate shall expire upon failure of the first examination 17 or six months after the date of issue, whichever first occurs. 18 Issuance by the board of a temporary certificate shall permit 19 the applicant to provide physical therapy acts and services only 20 while under the direct on-premises supervision of a licensed 21 physical therapist. Upon expiration, the temporary certificate 22 shall be promptly returned by the applicant to the board. 23 (b) In case of failure of the first examination, the 24 applicant for [registration] certification shall have, after the 25 expiration of [six months] 60 days and within [two years] one 26 year from the first failure, the privilege of a second 27 examination. The board may adopt regulations governing the 28 eligibility of applicants who have failed to pass two 29 examinations in order to be admitted to subsequent examinations. 30 (c) A physical therapist assistant while assisting a 20070H1199B4033 - 29 -
1 licensed physical therapist in the practice of physical therapy 2 shall only perform patient-related physical therapy acts and 3 services that are assigned or delegated by and under the [direct 4 on-premises] supervision of a licensed physical therapist. Such 5 acts and services of a physical therapist assistant shall not 6 include evaluation, testing, interpretation, planning or 7 modification of patient programs. For purposes of this section 8 the term ["direct on-premises supervision" shall mean the 9 physical presence of a licensed physical therapist on the 10 premises who is immediately available to exercise supervision, 11 direction and control.] "supervision" means as follows: 12 (1) In all practice settings, the performance of selected 13 acts and services by the physical therapist assistant shall be: 14 (i) The responsibility of the licensed physical therapist at 15 all times. 16 (ii) Consistent with safe and legal physical therapy <-- 17 practice. 18 (iii) Predicated (II) BASED on the following factors: <-- 19 (A) Complexity and acuity of the patient's needs. 20 (B) Proximity and accessibility of the licensed physical 21 therapist to the certified physical therapist assistant. 22 (C) Supervision available in the event of an emergency or 23 critical event. 24 (D) Type of PRACTICE setting in which the service is <-- 25 provided. 26 (2) In all practice settings and relating to physical <-- 27 therapy intervention, the initial patient contact shall be made 28 by a licensed physical therapist for evaluation of the patient 29 and establishment of a plan of care. 30 (3) Supervision requirements of a physical therapist 20070H1199B4033 - 30 -
1 assistant shall be dependent upon the practice setting in which 2 the care is delivered: 3 (i) When care is delivered to an individual in an acute care 4 hospital, acute inpatient rehabilitation center, long-term acute 5 care hospital facility setting or as otherwise required by 6 FEDERAL OR STATE law or regulation, the physical therapist <-- 7 assistant shall be under the direct on-premises supervision of a 8 licensed physical therapist. 9 (ii) When care is provided to an individual in a preschool, 10 primary school, secondary school or other similar educational 11 setting, a licensed physical therapist shall make an onsite 12 visit and examine the patient at least every four patient visits 13 or every 30 days, whichever shall occur first. 14 (iii) When care is provided to a patient in an A PHYSICAL <-- 15 THERAPY independent private practice outpatient facility, a 16 licensed physical therapist shall provide direct on-premises 17 supervision of a physical therapist assistant for at least 50% 18 of the hours worked by the physical therapist assistant during 19 the workweek CALENDAR WEEK unless otherwise required by FEDERAL <-- 20 law, and the physical therapist shall be immediately available 21 by telecommunication if not providing direct on-premises 22 supervision. 23 (iv) For any home health care, facility or practice setting 24 not specified in subparagraph (i), (ii) or (iii), a licensed 25 physical therapist shall make an onsite visit and actively 26 participate in the treatment of the patient at least every seven 27 patient visits or every 14 days, whichever shall occur first. <-- 28 The board shall review and make recommendations relating to the 29 requirements OCCUR FIRST. THE BOARD SHALL REVIEW AND MAKE <-- 30 RECOMMENDATIONS TO THE CONSUMER PROTECTION AND PROFESSIONAL 20070H1199B4033 - 31 -
1 LICENSURE COMMITTEE OF THE SENATE AND TO THE PROFESSIONAL 2 LICENSURE COMMITTEE OF THE HOUSE OF REPRESENTATIVES RELATING TO 3 THE IMPLEMENTATION of this paragraph three years following the 4 effective date of this paragraph. 5 (4) In all practice settings, a physical therapist assistant 6 shall be under the direct on-premises supervision of a licensed 7 physical therapist until the physical therapist assistant 8 submits for approval evidence satisfactory to the board of: 9 (i) at least 2,000 hours of experience providing patient- 10 related acts and services verified by a supervising licensed 11 physical therapist; or 12 (ii) employment as a physical therapist assistant for at 13 least three of the five years immediately preceding the 14 effective date of this paragraph. 15 (5) Upon compliance with paragraph (4), a physical therapist 16 assistant may only provide physical therapy acts and services 17 when the licensed physical therapist is available and accessible 18 in person or by telecommunication to the physical therapist 19 assistant during all working hours of the physical therapist 20 assistant and is present within a 100-mile radius of the 21 treatment location. A physical therapist assistant shall consult 22 with the supervising physical therapist in the event of a change 23 in the patient's condition which may require the assessment of a 24 licensed physical therapist. 25 (6) A licensed physical therapist shall not supervise more 26 than three physical therapist assistants at any time. 27 (7) In the event of a change of the supervising licensed 28 physical therapist, the subsequent supervisor shall assume 29 responsibility for the ongoing supervision of any certified 30 physical therapist assistant providing physical therapy acts and 20070H1199B4033 - 32 -
1 services and shall become the supervising physical therapist. 2 (d) Only [a person] an individual who has been properly 3 [registered] certified as a physical therapist assistant with 4 the board, pursuant to the provisions of this section and rules 5 and regulations promulgated by the board thereto, shall assist a 6 licensed physical therapist in the practice of physical therapy 7 as a physical therapist assistant and use the title "physical 8 therapist [assistant."] assistant" and the abbreviation "PTA." 9 UNTIL SUCH TIME AS THE BOARD PROMULGATES RULES AND REGULATIONS, <-- 10 AN INDIVIDUAL WHO IS PROPERLY REGISTERED WITH THE BOARD SHALL BE 11 DEEMED CERTIFIED FOR THE PURPOSES OF THIS SECTION. 12 [(e) The qualifications provision of this section shall not 13 apply and an applicant shall be registered without examination 14 if the applicant has submitted an application for registration 15 accompanied by an application fee as specified by the board 16 within two years after the effective date of this amendatory act 17 and is a resident of Pennsylvania or has practiced in this 18 Commonwealth for a two-year period; and 19 (1) on the effective date of this amendatory act, is a 20 graduate of a physical therapist assistant program acceptable to 21 the board and has engaged in physical therapist assistant 22 practice acceptable to the board for two years; and 23 (2) on the effective date of this amendatory act, is listed 24 with the board as a physical therapist assistant.] 25 (f) The board shall issue, renew, revoke or suspend the 26 [registration] certification of physical therapist assistants 27 pursuant to rules and regulations promulgated by the board. All 28 actions of the board shall be taken subject to the right of 29 notice, hearing and adjudication and the right of appeal 30 therefrom in accordance with Title 2 of the Pennsylvania 20070H1199B4033 - 33 -
1 Consolidated Statutes (relating to administrative law and 2 procedure). 3 (g) Unless ordered to do so by a court, the board shall not 4 reinstate the [registration of a person] certification of an 5 individual to practice as a physical therapist assistant which 6 has been revoked, and such [person] individual shall be required 7 to apply for [registration] certification after a five-year 8 period in accordance with the provisions of this section, 9 including the examination requirement, if he desires to practice 10 at any time after such revocation. 11 (h) A physical therapist assistant may not authorize the 12 discharge of a patient from physical therapy services. 13 (i) In an emergency situation, SUCH AS SERIOUS ILLNESS OR <-- 14 DEATH OF A FAMILY MEMBER, which causes the unanticipated absence 15 of the supervising physical therapist for not more than two days 16 per month, a certified physical therapist assistant may continue 17 to render services to only those patients for which the 18 certified physical therapist assistant has previously 19 participated in the intervention for established plans of care 20 not to exceed the regularly scheduled operational hours of the 21 particular day or days the supervising physical therapist is 22 absent. Every effort shall be made by the licensed physical 23 therapist or certified physical therapist assistant to obtain 24 supervision in the care described in this subsection. A licensee 25 utilizing this section shall MAINTAIN A WRITTEN RECORD NOTING <-- 26 THE DATE AND THE EMERGENCY, WHICH SHALL BE AVAILABLE FOR BOARD 27 REVIEW, AND SHALL submit a report to the board biennially 28 setting forth each day absent under this paragraph and the 29 reason for such absence. A licensed physical therapist may 30 utilize this emergency provision no more than ten days per 20070H1199B4033 - 34 -
1 calendar year. 2 (j) For each certificate renewal, a certificate holder shall 3 complete within the immediately preceding two-year period at 4 least 30 hours of continuing physical therapy education as 5 approved by the board in accordance with standards and criteria 6 established by the board by regulation. The certificate holder 7 shall provide the board with evidence of the completion of the 8 continuing education. THE CURRENT RULES AND REGULATIONS SHALL <-- 9 REMAIN IN EFFECT UNTIL SUCH TIME AS THE BOARD ESTABLISHES BY 10 REGULATIONS, STANDARDS AND CRITERIA RELATING TO CONTINUING 11 PHYSICAL THERAPY EDUCATION FOR CERTIFIED PHYSICAL THERAPIST 12 ASSISTANTS AND PHYSICAL THERAPISTS. 13 Section 9.2. Supportive Personnel.--Nothing in this act [or 14 the act of October 10, 1975 (P.L.383, No.110), known as the 15 "Physical Therapy Practice Act,"] shall prohibit a licensed 16 physical therapist from assigning or delegating various 17 activities to other [persons] individuals who may, from time to 18 time, aid and assist a licensed physical therapist or certified 19 physical therapist assistant in the provision of physical 20 therapy services; provided that such activities are performed 21 under the direct on-premises supervision of a licensed physical 22 therapist or certified physical therapist assistant and the 23 level of such activities do not require formal education or 24 training in the practice of physical therapy, the skill and 25 knowledge of a licensed physical therapist and the skill and 26 knowledge of a properly [registered] certified physical 27 therapist assistant. 28 Section 10. Section 10.1 of the act, added April 4, 1984 29 (P.L.196, No.41), is repealed: 30 [Section 10.1. Athletic Trainer Advisory Committee 20070H1199B4033 - 35 -
1 Created.--There is hereby created an advisory committee to be 2 known as the Athletic Trainer Advisory Committee which shall be 3 appointed by and serve at the pleasure of the board for the 4 purpose of carrying out the provisions of this act as it relates 5 to athletic trainers. The Athletic Trainer Advisory Committee 6 shall assist the board in the certification, renewal, revocation 7 or suspension of athletic trainers in accordance with this act 8 and rules and regulations and as the board deems appropriate. 9 The Athletic Trainer Advisory Committee shall consist of no more 10 than three members who shall be certified athletic trainers and 11 who shall receive reimbursement for actual traveling expenses 12 related to their service to the board and a per diem to be fixed 13 from time to time by the Governor's Executive Board but not less 14 than $35 per day. Advisory committee members may be selected by 15 the board from a list of qualified athletic trainers provided by 16 the Pennsylvania Athletic Trainers Society. Members of the 17 advisory committee shall serve for three years except that the 18 initial committee membership shall be appointed to serve for 19 staggered terms of one, two and three years respectively.] 20 Section 11. Section 10.2 of the act, amended or added April <-- 21 4, 1984 (P.L.196, No.41) and December 20, 1985 (P.L.500, 22 No.117), is repealed AMENDED TO READ: <-- 23 [Section 10.2. [Certification of Athletic Trainers; <-- 24 Certification Renewal, Revocation or Suspension.--(a) The board 25 shall have the power to adopt rules and regulations governing 26 the certification of athletic trainers. Such rules and 27 regulations shall establish standards necessary to Commonwealth 28 certification in the following categories: 29 (1) Approved educational program standards. 30 (2) Education degree requirements for certification. 20070H1199B4033 - 36 -
1 (3) Practical training experience requirements for 2 certification. 3 (4) Other requirements necessary for the proper, ethical and 4 professional training of persons applying for certification, 5 which are deemed appropriate by the board. 6 Regulations promulgated pursuant to this section shall be 7 formulated with the advice and consultation of the Athletic 8 Trainer Advisory Committee. 9 (b) The board shall issue certification certificates to 10 individuals seeking certification as athletic trainers after its 11 review of a proper certification application presented on forms 12 prescribed by the board which evidences the satisfaction of the 13 standards promulgated by rules in accordance with the provisions 14 in subsection (a) and further upon payment of an appropriate fee 15 to be set by the board after consultation with the commissioner. 16 (c) The board shall renew, revoke or suspend the 17 certification of athletic trainers pursuant to rules and 18 regulations formulated in consultation with the Athletic Trainer 19 Advisory Committee. All actions of the board shall be taken 20 subject to the right of notice, hearing and adjudication and the 21 right of appeal therefrom in accordance with Title 2 of the 22 Pennsylvania Consolidated Statutes (relating to administrative 23 law and procedure). 24 (d) Unless ordered to do so by a court, the board shall not 25 reinstate the certificate of a person to practice as an athletic 26 trainer which has been revoked, and such person shall be 27 required to apply for a certificate after a five-year period in 28 accordance with this section, if he desires to practice at any 29 time after such revocation.] ADMINISTRATIVE PROCEDURE.--THE <-- 30 BOARD SHALL CONDUCT ALL DISCIPLINARY PROCEEDINGS UNDER THIS ACT 20070H1199B4033 - 37 -
1 IN ACCORDANCE WITH 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW AND 2 PROCEDURE). 3 Section 12. Section 11 of the act, amended December 20, 1985 4 (P.L.500, No.117) and February 21, 2002 (P.L.90, No.6), is 5 amended to read: 6 Section 11. Refusal or Suspension or Revocation of License 7 or Certificate.--(a) [The] Except as otherwise provided in this 8 act, the board shall refuse to issue a license or certificate to 9 [any person] an individual and after notice and hearing in 10 accordance with rules and regulations, may suspend or revoke the 11 license or certificate of [any person] an individual who has: 12 (1) been found to have violated any of the provisions of 13 section 9; 14 (2) attempted to or obtained licensure or certification by 15 fraud or misrepresentation; 16 (2.1) attempted to engage in conduct that subverts or 17 undermines the integrity of the examination or the examination 18 process; 19 (3) committed repeated occasions of negligence or 20 incompetence in the practice of physical therapy; 21 (4) been convicted of a felony or a crime of moral turpitude 22 in a Federal court or in the courts of this Commonwealth or any 23 other state, territory or country. Conviction, as used in this 24 paragraph, shall include a finding or verdict of guilt, an 25 admission of guilt or a plea of nolo contendere; 26 (5) habitually indulged in the use of narcotics or other 27 habit-forming drugs, or excessively indulged in the use of 28 alcoholic liquors; 29 (6) been found guilty of unprofessional conduct. 30 Unprofessional conduct shall include any departure from or the 20070H1199B4033 - 38 -
1 failure to conform to the minimal standards of acceptable and 2 prevailing physical therapy practice, including the recognized 3 standards of ethics of the physical therapy profession, in which 4 proceeding actual injury to a patient need not be established; 5 (7) treated or undertaken to treat human ailments otherwise 6 than by physical therapy as defined in this act; 7 (8) had his license or certificate to practice physical 8 therapy revoked or suspended or having other disciplinary action 9 taken, or his application for a license or certificate refused, 10 revoked or suspended by the proper licensing or certifying 11 authority of another state, territory or country; [and] 12 (9) made misleading, deceptive, untrue or fraudulent 13 representations in violation of this act or otherwise in the 14 practice of the profession[.]; 15 (10) in the case of a licensed physical therapist who failed 16 to supervise physical therapist assistants or supportive 17 personnel in accordance with this act or board regulation; or 18 (11) knowingly aiding, assisting, procuring or advising any 19 unlicensed individual to practice a profession contrary to this 20 act or regulations of the board. 21 [(b) All actions of the board shall be taken subject to the <-- 22 right of notice, hearing and adjudication and the right of 23 appeal therefrom in accordance with Title 2 of the Pennsylvania 24 Consolidated Statutes (relating to administrative law and 25 procedure).] <-- 26 (c) Unless ordered to do so by a court, the board shall not 27 reinstate the license of [a person to practice as a physical 28 therapist] an individual to practice as a physical therapist or 29 the certificate of an individual certified to practice as a 30 physical therapist assistant which has been revoked, and such 20070H1199B4033 - 39 -
1 [person] individual shall be required to apply for a license or 2 certificate after a five-year period in accordance with section 3 6, if he desires to practice at any time after such revocation. 4 Section 13. Sections 11.1, 11.2 and 11.3 of the act, added 5 December 20, 1985 (P.L.500, No.117), are amended to read: 6 Section 11.1. Automatic Suspension.--A license[, 7 registration] or certificate issued under this act shall 8 automatically be suspended upon the legal commitment of a 9 licensee[, registrant] or certificate holder to an institution 10 because of mental incompetency from any cause upon filing with 11 the board a certified copy of such commitment; conviction of a 12 felony under the act of April 14, 1972 (P.L.233, No.64), known 13 as "The Controlled Substance, Drug, Device and Cosmetic Act"; or 14 conviction of an offense under the laws of another jurisdiction 15 which, if committed in Pennsylvania, would be a felony under 16 "The Controlled Substance, Drug, Device and Cosmetic Act." As 17 used in this section the term "conviction" shall include a 18 judgment, an admission of guilty or a plea of nolo contendere. 19 Automatic suspension under this section shall not be stayed 20 pending any appeal of a conviction. Restoration of such 21 license[, registration] or certificate shall be made as provided 22 in this act for revocation or suspension of such license[, 23 registrant] or certificate holder. 24 Section 11.2. Temporary Suspension.--The board shall 25 temporarily suspend a license[, registration] or certificate 26 under circumstances as determined by the board to be an 27 immediate and clear danger to the public health or safety. The 28 board shall issue an order to that effect without a hearing, but 29 upon due notice, to the licensee[, registrant] or certificate 30 holder concerned at his last known address, which shall include 20070H1199B4033 - 40 -
1 a written statement of all allegations against the licensee[, 2 registrant] or certificate holder. The provisions of section 3 11(c) shall not apply to temporary suspension. The board shall 4 thereupon commence formal action to suspend, revoke or restrict 5 the license[, registration] or certificate of the [person] 6 individual concerned as otherwise provided for in this act. All 7 actions shall be taken promptly and without delay. Within 30 8 days following the issuance of an order temporarily suspending a 9 license[, registration] or certificate, the board shall conduct, 10 or cause to be conducted, a preliminary hearing to determine 11 that there is a prima facie case supporting the suspension. The 12 licensee[, registrant] or certificate holder whose license[, 13 registration] or certificate has been temporarily suspended may 14 be present at the preliminary hearing and may be represented by 15 counsel, cross-examine witnesses, inspect physical evidence, 16 call witnesses, offer evidence and testimony and make a record 17 of the proceedings. If it is determined that there is not a 18 prima facie case, the suspended license[, registration] or 19 certificate shall be immediately restored. The temporary 20 suspension shall remain in effect until vacated by the board, 21 but in no event longer than 180 days. 22 Section 11.3. Subpoenas; Examinations; Reports; Surrender of 23 License.--(a) The board shall have the authority to issue 24 subpoenas, upon application of an attorney responsible for 25 representing the Commonwealth in disciplinary matters before the 26 board, for the purpose of investigating alleged violations of 27 the disciplinary provisions administered by the board. The board 28 shall have the power to subpoena witnesses, to administer oaths, 29 to examine witnesses and to take testimony or compel the 30 production of books, records, papers and documents as it may 20070H1199B4033 - 41 -
1 deem necessary or proper in and pertinent to any proceeding, 2 investigation or hearing held by it. Patient records may not be 3 subpoenaed without consent of the patient or without order of a 4 court of competent jurisdiction on a showing that the records 5 are reasonably necessary for the conduct of the investigation. 6 The court may impose such limitations on the scope of the 7 subpoena as are necessary to prevent unnecessary intrusion into 8 patient confidential information. The board is authorized to 9 apply to Commonwealth Court to enforce its subpoenas. 10 (b) An attorney responsible for representing the 11 Commonwealth in disciplinary matters before the board shall 12 notify the board immediately upon receiving notification of an 13 alleged violation of this act. The board shall maintain current 14 records of all reports of alleged violations and periodically 15 review the records for the purpose of determining that each 16 alleged violation has been resolved in a timely manner. 17 (c) The board shall require [a person] an individual whose 18 license[,] or certificate [or registration] has been suspended 19 or revoked to return the license[,] or certificate [or 20 registration] in such manner as the board directs. [A person] An 21 individual who fails to do so commits a misdemeanor of the third 22 degree. 23 (d) The board, upon probable cause, has authority to compel 24 a licensee or certificate holder to submit to a mental or 25 physical examination by a physician approved by the board. 26 Failure of a licensee or certificate holder to submit to an 27 examination when directed by the board, unless the failure is 28 due to circumstances beyond the licensee's or certificate 29 holder's control, shall constitute an admission of the 30 allegations against the licensee or certificate holder, 20070H1199B4033 - 42 -
1 consequent upon which a default and final order may be entered 2 without the taking of testimony or presentation of evidence. 3 (e) A licensee or certificate holder affected shall, at 4 reasonable intervals as determined by the board, be afforded an 5 opportunity to demonstrate that the licensee or certificate 6 holder can resume competent practice with reasonable skill and 7 safety. 8 Section 14. Section 12 of the act, amended OR ADDED April 4, <-- 9 1984 (P.L.196, No.41) and December 20, 1985 (P.L.500, No.117), 10 is amended to read: 11 Section 12. Penalties; Injunctive Relief.--(a) [Any person] 12 An individual who violates any provision of this act shall be 13 guilty of a misdemeanor, as herein set forth, and upon 14 conviction thereof shall be punished by a fine of not less than 15 [$100] $500 nor more than [$500] $1,000 or by imprisonment for 16 not less than 30 days nor more than 90 days, or by both such 17 fine and imprisonment; and on each additional offense shall be 18 subject to a fine of not less than $1,000 and imprisonment of 19 not less than six months nor more than one year, at the 20 discretion of the court. 21 (b) The board may, in the name of the people of the 22 Commonwealth of Pennsylvania, through the Attorney General's 23 Office, apply for injunctive relief in any court of competent 24 jurisdiction to enjoin [any person] an individual from 25 committing any act in violation of this act. Such injunction 26 proceedings shall be in addition to, and not in lieu of, all 27 penalties and other remedies in this act. 28 (c) In addition to any other civil remedy or criminal 29 penalty provided for in this act, the board, by a vote of the 30 majority of the maximum number of the authorized membership of 20070H1199B4033 - 43 -
1 the board as provided by this act or by a vote of the majority 2 of the qualified and confirmed membership or a minimum of four 3 members, whichever is greater, may levy a civil penalty of up to 4 $1,000 on any current licensee or [registrant] certificate 5 holder who violates any provisions of this act or on [any 6 person] an individual who practices physical therapy without 7 being properly licensed to do so under this act or who practices 8 as a physical therapist assistant without being properly 9 [registered] certified to do so under this act. [The board shall <-- 10 levy this penalty only after affording the accused party the 11 opportunity for a hearing, as provided in Title 2 of the 12 Pennsylvania Consolidated Statutes (relating to administrative 13 law and procedure).] <-- 14 (d) All fines and civil penalties imposed in accordance with 15 this section shall be paid into the Professional Licensure 16 Augmentation Account. 17 Section 15. Section 13 of the act, added December 20, 1985 18 (P.L.500, No.117), is amended to read: 19 Section 13. Impaired Professional.--(a) The board, with the 20 approval of the Commissioner of Professional and Occupational 21 Affairs, shall appoint and fix the compensation of a 22 professional consultant who is a licensee of the board, or such 23 other professional as the board may determine, with education 24 and experience in the identification, treatment and 25 rehabilitation of [persons] individuals with physical or mental 26 impairments. Such consultant shall be accountable to the board 27 and shall act as a liaison between the board and treatment 28 programs, such as alcohol and drug treatment programs licensed 29 by the Department of Health, psychological counseling and 30 impaired professional support groups, which are approved by the 20070H1199B4033 - 44 -
1 board and which provide services to licensees or certificate 2 holders under this act. 3 (b) The board may defer and ultimately dismiss any of the 4 types of corrective action set forth in this act for an impaired 5 professional so long as the professional is progressing 6 satisfactorily in an approved treatment program, provided that 7 the provisions of this subsection shall not apply to a 8 professional convicted of a felonious act prohibited by the act 9 of April 14, 1972 (P.L.233, No.64), known as "The Controlled 10 Substance, Drug, Device and Cosmetic Act," or convicted of a 11 felony relating to a controlled substance in a court of law of 12 the United States or any other state, territory or country. An 13 approved program provider shall, upon request, disclose to the 14 consultant such information in its possession regarding an 15 impaired professional in treatment which the program provider is 16 not prohibited from disclosing by an act of this Commonwealth, 17 another state or the United States. Such requirement of 18 disclosure by an approved program provider shall apply in the 19 case of impaired professionals who enter an agreement in 20 accordance with this section, impaired professionals who are the 21 subject of a board investigation or disciplinary proceeding and 22 impaired professionals who voluntarily enter a treatment program 23 other than under the provisions of this section but who fail to 24 complete the program successfully or to adhere to an after-care 25 plan developed by the program provider. 26 (c) An impaired professional who enrolls in an approved 27 treatment program shall enter into an agreement with the board 28 under which the professional's license or certificate shall be 29 suspended or revoked, but enforcement of that suspension or 30 revocation may be stayed for the length of time the professional 20070H1199B4033 - 45 -
1 remains in the program and makes satisfactory progress, complies 2 with the terms of the agreement and adheres to any limitations 3 on his practice imposed by the board to protect the public. 4 Failure to enter into such an agreement shall disqualify the 5 professional from the impaired professional program and shall 6 activate an immediate investigation and disciplinary proceeding 7 by the board. 8 (d) If, in the opinion of the consultant after consultation 9 with the provider, an impaired professional who is enrolled in 10 an approved treatment program has not progressed satisfactorily, 11 the consultant shall disclose to the board all information in 12 his possession regarding said professional, and the board shall 13 institute proceedings to determine if the stay of the 14 enforcement of the suspension or revocation of the impaired 15 professional's license or certificate shall be vacated. 16 (e) An approved program provider who makes a disclosure 17 pursuant to this section shall not be subject to civil liability 18 for such disclosure or its consequences. 19 (f) Any hospital or health care facility, peer or colleague 20 who has substantial evidence that a professional has an active 21 addictive disease for which the professional is not receiving 22 treatment, is diverting a controlled substance or is mentally or 23 physically incompetent to carry out the duties of his or her 24 license or certification shall make or cause to be made a report 25 to the board: Provided, That [any person] an individual or 26 facility who acts in a treatment capacity to an impaired 27 physical therapist in an approved treatment program is exempt 28 from the mandatory reporting requirements of this subsection. 29 [Any person or facility who reports pursuant to this section in 30 good faith and without malice shall be immune from any civil or 20070H1199B4033 - 46 -
1 criminal liability arising from such report. Failure to provide 2 such report within a reasonable time from receipt of knowledge 3 of impairment shall subject the person or facility to a fine not 4 to exceed $1,000. The board shall levy this penalty only after 5 affording the accused party the opportunity for a hearing, as 6 provided in Title 2 of the Pennsylvania Consolidated Statutes 7 (relating to administrative law and procedure).] 8 (g) An individual or facility who reports pursuant to this 9 section in good faith and without malice shall be immune from 10 any civil or criminal liability arising from such report. 11 Failure to provide a report within a reasonable time from 12 receipt of knowledge of impairment shall subject the individual 13 or facility to a fine not to exceed $1,000. The board shall levy 14 this penalty only after affording the accused party the 15 opportunity for a hearing as provided in Title 2 of the 16 Pennsylvania Consolidated Statutes (relating to administrative 17 law and procedure). 18 Section 16. The State Board of Physical Therapy shall 19 promulgate regulations to implement the amendment or addition of 20 sections 2, 2.1, 3, 4, 5, 6, 7, 7.1, 7.2, 9, 9.1, 9.2, 9.1(A), <-- 21 (A.1), (B), (D), (E), (F), (G) AND (J), 11, 11.1, 11.2, 11.3, 12 22 and 13 of the act within 18 months of the effective date of this 23 section. UNTIL SUCH TIME AS THE BOARD PROMULGATES RULES AND <-- 24 REGULATIONS REGARDING ISSUE, RENEWAL, REVOCATION OR SUSPENSION 25 OF PHYSICAL THERAPIST ASSISTANTS, THE CURRENT RULES AND 26 REGULATIONS SHALL REMAIN IN EFFECT. 27 Section 17. This act shall take effect in 60 90 days. <-- D25L63DMS/20070H1199B4033 - 47 -