PRINTER'S NO. 195
No. 195 Session of 1975
INTRODUCED BY NOLAN, SMITH, MURRAY, MURPHY, ORLANDO, ANDREWS,
COPPERSMITH, STAPLETON, FLEMING, NOSZKA AND ROSS,
FEBRUARY 11, 1975
REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 11, 1975
AN ACT
1 Relating to the practice of physical therapy.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short Title.--This act shall be known and may be
5 cited as the "Physical Therapy Practice Act."
6 Section 2. Definitions.--The following definitions shall
7 apply, when used in this act, unless otherwise expressed
8 therein:
9 "Board" means the State Board of Physical Therapy Examiners
10 established in accordance with the act of April 9, 1929
11 (P.L.177, No.175), known as "The Administrative Code of 1929."
12 "Healing arts" shall mean the science and skill of diagnosis
13 and treatment in any manner whatsoever of disease or any ailment
14 of the human body.
15 "Physical therapist" shall mean a person who practices
16 physical therapy in some or all respects as defined in "physical
17 therapy", subject to section 9 and has met all requirements as
1 stated in this act.
2 "Physical therapy" means the evaluation and treatment of any
3 person by the utilization of the effective properties of
4 physical measures such as mechanical stimulation, heat, cold,
5 light, air, water, electricity, sound, massage, mobilization and
6 the use of therapeutic exercises and rehabilitative procedures
7 including training in functional activities, with or without
8 assistive devices, for the purpose of limiting or preventing
9 disability and alleviating or correcting any physical or mental
10 conditions, and the performance of tests and measurements as an
11 aid in diagnosis or evaluation of function.
12 "Physician" means a person who has received formal and
13 recognized training in the art and science of medicine and is
14 qualified to seek or has acquired an unlimited license to
15 practice medicine and surgery as provided by law.
16 Section 3. Powers and Duties of Board.--The board shall
17 elect annually from its membership a chairman and a vice-
18 chairman and shall select a secretary who need not be a member
19 of the board. It shall be the duty of the board to pass upon the
20 qualifications of applicants for licensure, to conduct
21 examinations, to issue and renew licenses to physical therapists
22 who qualify under this act, and in proper cases to suspend or
23 revoke the license of any physical therapist. The board may
24 adopt rules and regulations not inconsistent with law as it may
25 deem necessary for the performance of its duties and the proper
26 administration of this law. The board is authorized and
27 empowered to conduct investigations and hearings upon charges
28 for discipline of a licensee or for violations of this act, and
29 to cause, through the office of the Attorney General, the
30 prosecution and enjoinder of persons violating this act. The
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1 board shall maintain a register listing the name of every living
2 physical therapist licensed to practice in this State, his last
3 known place of business and last known place of residence, and
4 the date and number of his license.
5 Section 4. License Required; Exceptions.--(a) From and after
6 one year from the effective date of this act, it shall be
7 unlawful for any person to practice or hold himself out as being
8 able to practice physical therapy in this State unless he is
9 licensed in accordance with the provisions of this act. Nothing
10 in this act, however, shall prohibit any person licensed to
11 practice any of the healing arts in this State under any other
12 law from engaging in the practice for which he is licensed.
13 (b) This act shall not prohibit students who are enrolled in
14 schools of physical therapy approved by the board, from
15 performing acts of physical therapy as is incidental to their
16 course of study; nor shall it prevent any student in any
17 recognized school of the healing arts in carrying out prescribed
18 courses of study; provided such schools are recognized schools
19 of physical therapy and of the healing arts by the laws of
20 Pennsylvania, and its practitioners supervising such acts of
21 physical therapy are duly licensed as prescribed by law. Nothing
22 in this act shall apply to any person employed by an agency,
23 bureau, or division of the Federal Government while in the
24 discharge of official duties, however, if such individual
25 engages in the practice of physical therapy outside the scope of
26 official duty, he must be licensed as herein provided. The
27 provisions of this act are not intended to limit the activities
28 of persons legitimately engaged in the nontherapeutic
29 administration of baths, massage, and normal exercise.
30 Section 5. Application for License.--Unless entitled to
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1 licensure without examination under the provisions of section 6,
2 a person who desires and applies to be licensed as a physical
3 therapist shall apply to the board in writing, on forms
4 furnished by the board, and such application blanks shall embody
5 evidence satisfactory to the board of the applicant's possessing
6 the qualifications preliminary to examination required by this
7 act. At the time of forwarding such application to the board, an
8 applicant for licensure as a physical therapist shall pay a fee
9 of $50, which shall not be refundable.
10 Section 6. Qualifications for License; Examinations; Failure
11 of Examinations; Licensure Without Examination; Issuing of
12 License; Foreign Applicants for Licensure; Temporary License;
13 Perjury.--(a) To be eligible for licensure as a physical
14 therapist, an applicant must be at least 20 years of age unless
15 otherwise determined by the board in its discretion, be of good
16 moral character, not be addicted to the habitual use of alcohol
17 or narcotics or other habit-forming drugs, and have a general
18 education of not less than graduation by an approved high school
19 or its equivalent as determined by the Department of Education,
20 not less than 60 semester hours of college credits or the
21 equivalent thereof including courses in biological, physical and
22 social studies at an accredited college or university and has
23 attended an accredited physical therapy course of not less than
24 12 months, in a school of physical therapy established in a
25 fully accredited medical school, hospital, college or university
26 which course has provided curricula and training, the
27 requirements of which shall be approved from time to time by the
28 board with advice and consultation with recognized national
29 accrediting agencies and professional organizations including
30 the American Physical Therapy Association. By the time of
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1 completion of the professional study of physical therapy, a
2 physical therapist must hold a minimum of a baccalaureate degree
3 from a regionally accredited institution of higher education. In
4 the case of those applicants who have completed requirements
5 prior to the first day of January, 1967, but who may not
6 technically or totally fulfill the above requirements, the board
7 at its discretion and by the unanimous vote of all members
8 present may accept evidence of satisfactory equivalence.
9 (b) An applicant for licensure must pass, to the
10 satisfaction of the board, a written examination which shall
11 test the applicant's knowledge of the basic and clinical
12 sciences as they relate to physical therapy theory and physical
13 therapy procedures and such other subjects as the board may deem
14 necessary to test the applicants' fitness to practice physical
15 therapy. Such examination may also include an oral examination
16 or practical examination or both at the discretion of the board.
17 The 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 and within two years from the first failure, the
23 privilege of a second examination. In case of failure in a
24 second examination, any further examinations shall be given at
25 the discretion of the board, but in any such case the applicant
26 must enter de novo, and otherwise qualify under the conditions
27 in force at the time of the application for a third or
28 successive examinations.
29 (d) On payment to the board of a fee of $15 for applicants
30 subject to paragraph (1) of this subsection and $75 for
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1 applicants subject to paragraph (2) of this subsection, and on
2 submission of a written application on forms provided by the
3 board, the board shall issue a license without examination to:
4 (1) A person filing said application within one year from
5 the effective date of this act who presents evidence
6 satisfactory to the board that he meets the qualifications set
7 forth in subsection (a) and that he has a valid license to
8 practice physical therapy in the Commonwealth of Pennsylvania on
9 the effective date of this act.
10 (2) A person who is a licensed or otherwise registered as a
11 physical therapist by another state or territory of the United
12 States of America, or the District of Columbia, if the
13 requirements for license or registration, as the case may be, in
14 such state, territory, or district were at the date of his
15 license or registration by such state, substantially equal to
16 the requirements set forth in this act: Provided, That such
17 person has not taken and failed, one or more times, the
18 examination referred to in subsection (b), in which case, the
19 issuance of a license under this paragraph shall be at the
20 discretion of the board.
21 (e) The board shall issue a license to a physical therapist
22 who successfully establishes his eligibility under the terms of
23 this act and any person who holds a license pursuant to this
24 section may use the words physical therapist or licensed
25 physical therapist and he may use the letters LPT in connection
26 with his name or place of business to denote his licensure
27 hereunder.
28 (f) Foreign trained physical therapists who desire and apply
29 to be licensed as a physical therapist by the board shall,
30 before examination, furnish proof as to age, moral character, no
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1 addiction to the use of alcohol or narcotics or other habit-
2 forming drugs, shall present proof indicating the completion of
3 educational requirements substantially equal to those in
4 subsection (a). In addition thereto, the foreign trained
5 applicant must complete, at the board's discretion, up to one
6 year of supervised clinical experience as prescribed by the
7 board prior to taking the examination for licensure.
8 (g) On payment to the board of a fee of $25, and the
9 submission of a written application on forms provided by it, the
10 board, in its discretion, shall issue without examination a
11 temporary license to practice physical therapy in this State for
12 a period not to exceed one year to any person who meets the
13 qualifications set forth in this section upon submission by such
14 person of evidence satisfactory to the board and verified by
15 oath that he is in this State on a temporary basis to assist in
16 a case of medical emergency or to engage in a special physical
17 therapy project. A temporary license, as described above, may be
18 renewed for one additional year at the board's discretion, and
19 upon expiration must be surrendered to the board.
20 (h) Upon the submission of a written application on forms
21 provided by it, the board shall also issue a temporary license
22 to a person who has applied for a license under the provisions
23 of subsection (a) and who is, in the judgment of the board,
24 eligible to take the examination provided for in subsection (b).
25 Such temporary license shall be available to an applicant with
26 respect to his application for a license under subsection (a),
27 but the applicant may only use the temporary license while under
28 the direct supervision of a licensed physical therapist. Such
29 temporary license shall expire upon the failure of the first
30 examination and upon expiration the license must be surrendered
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1 to the board.
2 (i) Any applicant who knowingly or willfully makes a false
3 statement of fact in any application shall be subject to
4 prosecution for perjury.
5 Section 7. Renewal of License.--(a) Each license issued
6 under the provisions of this act shall be renewed biennially,
7 except as provided in subsection (b). On or before November 1 of
8 each renewal year, the board shall mail an application for
9 renewal of license to each person to whom a license was issued
10 or renewed during the current licensing period, which
11 application shall be mailed to the most recent address of said
12 person as it appears on the records of the board. Such person
13 shall complete the renewal application and return it to the
14 board with a renewal fee before December 31 of the year in which
15 said application was received. Upon receipt of any such
16 application and fee, the board shall verify the accuracy of such
17 application and issue to the applicant a certificate of renewal
18 of license for the next licensing period as described above. The
19 renewal fee shall be established by the board and shall be
20 sufficient to cover the expenses of the board.
21 (b) If any person shall not so renew his or her license such
22 license shall automatically expire. A license which has thus
23 expired may, within three years of its expiration date, be
24 renewed on the payment to the board of the fee for each
25 licensing period or part thereof, pro-rata, during which the
26 license was ineffective and the payment of a restoration fee of
27 $5. After said three years period such license shall be renewed
28 only by complying with the provisions in subsections (a) and (b)
29 of section 6 relating to obtaining an orginal license.
30 Section 8. Fees and Fines for Board.--All fees and fines
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1 collected under the provisions of this act shall be paid into
2 the State Treasury for the use of the Commonwealth.
3 Section 9. Referrals by Physicians.--Any person licensed
4 under this act as a physical therapist shall not treat human
5 ailments by physical therapy or otherwise except by the referral
6 of a person licensed in this State as a physician; however, a
7 physical therapist shall be permitted to accept the referral of
8 a dentist or podiatrist licensed in this State, for the
9 treatment of a condition that is within the scope of practice of
10 dentistry or podiatry. Nothing in this act shall be construed as
11 authorization for a physical therapist to practice any branch of
12 the healing arts except as described in this act. Any person
13 violating the provisions of this act shall be guilty of a
14 misdemeanor as described in section 12.
15 Section 10. Acts and Services Performed by an Assistant to a
16 Physical Therapist.--The board shall have the power to adopt and
17 revise rules and regulations governing supportive personnel who
18 assist physical therapists. In the absence of standards
19 established by the board, nothing in this act shall be construed
20 as to prohibit services and acts relating to physical therapy
21 rendered by a physical therapist assistant or supportive
22 personnel if such services and acts are rendered under the
23 direct on-premise supervision of a licensed physical therapist
24 who is acting in accordance with the provisions of this act.
25 Section 11. Refusal or Suspension or Revocation of
26 License.--The board shall refuse to issue a license to any
27 person and after notice and hearing in accordance with rules and
28 regulations, may suspend or revoke the license of any person who
29 has:
30 (1) practiced physical therapy other than upon the referral
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1 of a physician or as set forth in section 9;
2 (2) attempted to or obtained licensure by fraud or
3 misrepresentation;
4 (3) committed gross negligence in the practice of physical
5 therapy;
6 (4) been convicted of a felony or of a crime involving moral
7 turpitude;
8 (5) habitually indulged in the use of narcotics or other
9 habit-forming drugs, or excessively indulged in the use of
10 alcoholic liquors;
11 (6) been guilty of conduct unbecoming a person licensed as a
12 physical therapist in the performance of duties inherent to
13 their profession or employment;
14 (7) been adjudged mentally incompetent by a court of
15 competent jurisdiction; and
16 (8) treated or undertaken to treat human ailments otherwise
17 than by physical therapy as defined in this act.
18 Section 12. Penalties; Injunctive Relief.--(a) Any person
19 who violates any provision of this act shall be guilty of a
20 misdemeanor, as herein set forth, and upon conviction thereof
21 shall be punished by a fine of not less than $100 nor more than
22 $500 or by imprisonment for not less than 30 days nor more than
23 90 days, or by both such fine and imprisonment; and on each
24 additional offense shall be subject to a fine of not less than
25 $1,000 and imprisonment of not less than six months nor more
26 than one year, at the discretion of the court.
27 (b) The board may, in the name of the people of the
28 Commonwealth of Pennsylvania, through the Attorney General's
29 Office, apply for injunctive relief in any court of competent
30 jurisdiction to enjoin any person from committing any act in
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1 violation of this act. Such injunction proceedings shall be in
2 addition to, and in lieu of, all penalties and other remedies in
3 this act.
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