SENATE AMENDED PRIOR PRINTER'S NOS. 1468, 3012, 3239, PRINTER'S NO. 4189 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 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 <--
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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 20070H1199B4189 - 46 -
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. <-- D25L63DMS/20070H1199B4189 - 47 -