PRIOR PRINTER'S NO. 195 PRINTER'S NO. 579
No. 195 Session of 1975
INTRODUCED BY NOLAN, SMITH, MURRAY, MURPHY, ORLANDO, ANDREWS,
COPPERSMITH, STAPLETON, FLEMING, NOSZKA, ROSS AND DWYER
FEBRUARY 11, 1975
SENATOR COPPERSMITH, PUBLIC HEALTH AND WELFARE, AS AMENDED,
APRIL 15, 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
1 therapy", subject to section 9 and has met all requirements as
2 stated in this act.
3 "Physical therapy" means the evaluation and treatment of any
4 person by the utilization of the effective properties of
5 physical measures such as mechanical stimulation, heat, cold,
6 light, air, water, electricity, sound, massage, mobilization and
7 the use of therapeutic exercises and rehabilitative procedures
8 including training in functional activities, with or without
9 assistive devices, for the purpose of limiting or preventing
10 disability and alleviating or correcting any physical or mental
11 conditions, and the performance of tests and measurements as an
12 aid in diagnosis or evaluation of function.
13 "Physician" means a person who has received formal and
14 recognized training in the art and science of medicine and is
15 qualified to seek or has acquired an unlimited license to
16 practice medicine and surgery as provided by law.
17 Section 3. Powers and Duties of Board.--The board shall
18 elect annually from its membership a chairman and a vice-
19 chairman and shall select a secretary who need not be a member
20 of the board. It shall be the duty of the board to pass upon the
21 qualifications of applicants for licensure, to conduct
22 examinations, to issue and renew licenses to physical therapists
23 who qualify under this act, and in proper cases to suspend or
24 revoke the license of any physical therapist. The board may
25 adopt rules and regulations not inconsistent with law as it may
26 deem necessary for the performance of its duties and the proper
27 administration of this law. The board is authorized and
28 empowered to conduct investigations and hearings upon charges
29 for discipline of a licensee or for violations of this act, and
30 to cause, through the office of the Attorney General, the
19750S0195B0579 - 2 -
1 prosecution and enjoinder of persons violating this act. The
2 board shall maintain a register listing the name of every living
3 physical therapist licensed to practice in this State, his last
4 known place of business and last known place of residence, and
5 the date and number of his license.
6 Section 4. TRAINING AND License Required; Exceptions.--(a) <--
7 From and after one year from the effective date of this act, it
8 shall be unlawful for any person to practice or hold himself out
9 as being able to practice physical therapy in this State unless
10 he is TRAINED AND licensed in accordance with the provisions of <--
11 this act. Nothing in this act, however, shall prohibit any
12 person TRAINED AND licensed to practice any of the healing arts <--
13 in this State under any other law, from engaging in the practice
14 for which he is TRAINED AND licensed. <--
15 (b) This act shall not prohibit students who are enrolled in
16 schools of physical therapy approved by the board, from
17 performing acts of physical therapy as is incidental to their
18 course of study; nor shall it prevent any student in any
19 recognized school of the healing arts EDUCATIONAL PROGRAM IN THE <--
20 HEALING ARTS APPROVED OR ACCREDITED UNDER THE LAWS OF
21 PENNSYLVANIA in carrying out prescribed courses of study.
22 provided such schools are recognized schools of physical therapy <--
23 and of the healing arts by the laws of Pennsylvania, and its
24 practitioners supervising such acts of physical therapy are duly
25 licensed as prescribed by law. Nothing in this act shall apply
26 to any person employed by an agency, bureau, or division of the
27 Federal Government while in the discharge of official duties,
28 however, if such individual engages in the practice of physical
29 therapy outside the scope of official duty, he must be TRAINED <--
30 AND licensed as herein provided. The provisions of this act are
19750S0195B0579 - 3 -
1 not intended to limit the activities of persons legitimately
2 engaged in the nontherapeutic administration of baths, massage,
3 and normal exercise.
4 (C) THE PRACTICE OF PHYSICAL THERAPY SHALL NOT INCLUDE THE <--
5 PRACTICE OF CHIROPRACTIC AS DEFINED BY THE ACT OF AUGUST 10,
6 1951 (P.L.1182, NO.264), KNOWN AS THE "CHIROPRACTIC REGISTRATION
7 ACT OF 1951."
8 Section 5. Application for License.--Unless entitled to
9 licensure without examination under the provisions of section 6,
10 a person who desires and applies to be licensed as a physical
11 therapist shall apply to the board in writing, on forms
12 furnished by the board, and such application blanks shall embody
13 evidence satisfactory to the board of the applicant's possessing
14 the qualifications preliminary to examination required by this
15 act. At the time of forwarding such application to the board, an
16 applicant for licensure as a physical therapist shall pay a fee
17 of $50, which shall not be refundable.
18 Section 6. Qualifications for License; Examinations; Failure
19 of Examinations; Licensure Without Examination; Issuing of
20 License; Foreign Applicants for Licensure; Temporary License;
21 Perjury.--(a) To be eligible for licensure as a physical
22 therapist, an applicant must be at least 20 years of age unless
23 otherwise determined by the board in its discretion, be of good
24 moral character, not be addicted to the habitual use of alcohol
25 or narcotics or other habit-forming drugs, and have a general <--
26 education of not less than graduation by an approved high school
27 or its equivalent as determined by the Department of Education,
28 AND HAVE AN EDUCATION OF not less than 60 semester hours of <--
29 college credits or the equivalent thereof including courses in
30 biological, physical and social studies at an accredited college
19750S0195B0579 - 4 -
1 or university and has attended an accredited physical therapy
2 course of not less than 12 months, in a school of physical
3 therapy established in a fully accredited medical school,
4 hospital, college or university which course has provided
5 curricula and training, the requirements of which shall be
6 approved from time to time by the board with advice and
7 consultation with recognized national accrediting agencies and
8 professional organizations including the American Physical
9 Therapy Association. By the time of completion of the
10 professional study of physical therapy, a physical therapist
11 must hold a minimum of a baccalaureate degree from a regionally
12 accredited institution of higher education. In the case of those
13 applicants who have completed requirements prior to the first
14 day of January, 1967, but who may not technically or totally
15 fulfill the above requirements, the board at its discretion and
16 by the unanimous MAJORITY vote of all members present may accept <--
17 evidence of satisfactory equivalence.
18 (b) An applicant for licensure must pass, to the
19 satisfaction of the board, a written examination which shall
20 test the applicant's knowledge of the basic and clinical
21 sciences as they relate to physical therapy theory and physical
22 therapy procedures and such other subjects as the board may deem
23 necessary to test the applicants' fitness to practice physical
24 therapy. Such examination may also include an oral examination
25 or practical examination or both at the discretion of the board.
26 The examination shall be held within the Commonwealth of
27 Pennsylvania twice a year at such time and place as the board
28 shall determine.
29 (c) In case of failure at the first examination, the
30 applicant for licensure shall have, after the expiration of six
19750S0195B0579 - 5 -
1 months and within two years from the first failure, the
2 privilege of a second examination. In case of failure in a
3 second examination, any further examinations shall be given at
4 the discretion of the board, but in any such case the applicant
5 must enter de novo MAKE A NEW APPLICATION, and otherwise qualify <--
6 under the conditions in force at the time of the application for
7 a third or successive examinations.
8 (d) On payment to the board of a fee of $15 for applicants
9 subject to paragraph (1) of this subsection and $75 for
10 applicants subject to paragraph (2) of this subsection, and on
11 submission of a written application on forms provided by the
12 board, the board shall issue a license without examination to:
13 (1) A person filing said application within one year from
14 the effective date of this act who presents evidence
15 satisfactory to the board that he meets the qualifications set
16 forth in subsection (a) and that he has a valid license to
17 practice physical therapy in the Commonwealth of Pennsylvania on
18 the effective date of this act.
19 (2) A person who is a licensed or otherwise registered as a
20 physical therapist by another state or territory of the United
21 States of America, or the District of Columbia, if the
22 requirements for license or registration, as the case may be, in
23 such state, territory, or district were at the date of his
24 license or registration by such state, substantially equal to
25 the requirements set forth in this act: Provided, That such
26 person has not taken and failed, one or more times, the
27 examination referred to in subsection (b), in which case, the
28 issuance of a license under this paragraph shall be at the
29 discretion of the board.
30 (e) The board shall issue a license to a physical therapist
19750S0195B0579 - 6 -
1 who successfully establishes his eligibility under the terms of
2 this act and any person who holds a license pursuant to this
3 section may use the words physical therapist or licensed
4 physical therapist and he may use the letters LPT in connection
5 with his name or place of business to denote his licensure
6 hereunder.
7 (f) Foreign trained physical therapists who desire and apply
8 to be licensed as a physical therapist by the board shall,
9 before examination, furnish proof as to age, moral character, no
10 addiction to the use of alcohol or narcotics or other habit-
11 forming drugs, shall present proof indicating the completion of
12 educational requirements substantially equal to those in
13 subsection (a). In addition thereto, the foreign trained
14 applicant must complete, at the board's discretion, up to one
15 year of supervised clinical experience as prescribed by the
16 board prior to taking the examination for licensure.
17 (g) On payment to the board of a fee of $25, and the
18 submission of a written application on forms provided by it, the
19 board, in its discretion, shall issue without examination a
20 temporary license to practice physical therapy in this State for
21 a period not to exceed one year to any person who meets the
22 qualifications set forth in CLAUSE (2) OF SUBSECTION (D) OF this <--
23 section upon submission by such person of evidence satisfactory
24 to the board and verified by oath that he is in this State on a
25 temporary basis to assist in a case of medical emergency or to
26 engage in a special physical therapy project. A temporary
27 license, as described above, may be renewed for one additional
28 year at the board's discretion, and upon expiration must be
29 surrendered to the board.
30 (h) Upon the submission of a written application on forms
19750S0195B0579 - 7 -
1 provided by it, the board shall also issue a temporary license
2 to a person who has applied for a license under the provisions
3 of subsection (a) and who is, in the judgment of the board,
4 eligible to take the examination provided for in subsection (b).
5 Such temporary license shall be available to an applicant with
6 respect to his application for a license under subsection (a),
7 but the applicant may only use the temporary license while under
8 the direct supervision of a licensed physical therapist. Such
9 temporary license shall expire upon the failure of the first
10 examination and upon expiration the license must be surrendered
11 to the board.
12 (i) Any applicant who knowingly or willfully makes a false
13 statement of fact in any application shall be subject to
14 prosecution for perjury.
15 Section 7. Renewal of License.--(a) Each license issued
16 under the provisions of this act shall be renewed biennially,
17 except as provided in subsection (b). On or before November 1 of
18 each renewal year, the board shall mail an application for
19 renewal of license to each person to whom a license was issued
20 or renewed during the current licensing period, which
21 application shall be mailed to the most recent address of said
22 person as it appears on the records of the board. Such person
23 shall complete the renewal application and return it to the
24 board with a renewal fee before December 31 of the year in which
25 said application was received. Upon receipt of any such
26 application and fee, the board shall verify the accuracy of such
27 application and issue to the applicant a certificate of renewal
28 of license for the next licensing period as described above. The
29 renewal fee shall be established by the board and shall be <--
30 sufficient to cover the expenses of the board. $10 FOR EACH <--
19750S0195B0579 - 8 -
1 LICENSING PERIOD AS DESCRIBED IN THIS SUBSECTION.
2 (b) If any person shall not so renew his or her license such
3 license shall automatically expire. A license which has thus
4 expired may, within three years of its expiration date, be
5 renewed on the payment to the board of the fee for each
6 licensing period or part thereof, pro-rata, during which the
7 license was ineffective and the payment of a restoration fee of
8 $5. After said three years period such license shall be renewed
9 only by complying with the provisions in subsections (a) and (b)
10 of section 6 relating to obtaining an orginal license.
11 Section 8. Fees and Fines for Board.--All fees and fines
12 collected under the provisions of this act shall be paid into
13 the State Treasury for the use of the Commonwealth.
14 Section 9. Referrals by Physicians.--Any person licensed
15 under this act as a physical therapist shall not treat human
16 ailments by physical therapy or otherwise except by the referral
17 of a person licensed in this State as a physician; however, a
18 physical therapist shall be permitted to accept the referral of
19 a dentist or podiatrist licensed in this State, for the
20 treatment of a condition that is within the scope of practice of
21 dentistry or podiatry. Nothing in this act shall be construed as
22 authorization for a physical therapist to practice any branch of
23 the healing arts except as described in this act. Any person
24 violating the provisions of this act shall be guilty of a
25 misdemeanor as described in section 12.
26 Section 10. Acts and Services Performed by an Assistant to a
27 Physical Therapist.--The board shall have the power to adopt and
28 revise rules and regulations governing supportive personnel who
29 assist physical therapists. In the absence of standards
30 established by the board, nothing in this act shall be construed
19750S0195B0579 - 9 -
1 as to prohibit services and acts relating to physical therapy
2 rendered by a physical therapist assistant or supportive
3 personnel if such services and acts are rendered under the
4 direct on-premise supervision of a licensed physical therapist
5 who is acting in accordance with the provisions of this act.
6 Section 11. Refusal or Suspension or Revocation of
7 License.--(A) The board shall refuse to issue a license to any <--
8 person and after notice and hearing in accordance with rules and
9 regulations, may suspend or revoke the license of any person who
10 has:
11 (1) practiced physical therapy other than upon the referral
12 of a physician or as set forth in section 9;
13 (2) attempted to or obtained licensure by fraud or
14 misrepresentation;
15 (3) committed gross negligence REPEATED OCCASIONS OF <--
16 NEGLIGENCE OR INCOMPETENCE in the practice of physical therapy;
17 (4) been convicted of a felony or of a crime involving moral <--
18 turpitude;
19 (4) BEEN CONVICTED OF A FELONY IN THE COURTS OF THIS <--
20 COMMONWEALTH OR ANY OTHER STATE, TERRITORY OR COUNTRY.
21 CONVICTION, AS USED IN THIS PARAGRAPH, SHALL INCLUDE A FINDING
22 OR VERDICT OF GUILT, AN ADMISSION OF GUILT OR A PLEA OF NOLO
23 CONTENDERE;
24 (5) habitually indulged in the use of narcotics or other
25 habit-forming drugs, or excessively indulged in the use of
26 alcoholic liquors;
27 (6) been guilty of conduct unbecoming a person licensed as a <--
28 physical therapist in the performance of duties inherent to
29 their profession or employment;
30 (6) BEEN GUILTY OF UNPROFESSIONAL CONDUCT. UNPROFESSIONAL <--
19750S0195B0579 - 10 -
1 CONDUCT SHALL INCLUDE ANY DEPARTURE FROM OR THE FAILURE TO
2 CONFORM TO THE MINIMAL STANDARDS OF ACCEPTABLE AND PREVAILING
3 PHYSICAL THERAPY PRACTICE, IN WHICH PROCEEDING ACTUAL INJURY TO
4 A PATIENT NEED NOT BE ESTABLISHED;
5 (7) been adjudged mentally incompetent by a court of
6 competent jurisdiction; and <--
7 (8) treated or undertaken to treat human ailments otherwise
8 than by physical therapy as defined in this act; AND <--
9 (9) HAD HIS LICENSE TO PRACTICE PHYSICAL THERAPY REVOKED OR <--
10 SUSPENDED OR HAVING OTHER DISCIPLINARY ACTION TAKEN, OR HIS
11 APPLICATION FOR A LICENSE REFUSED, REVOKED OR SUSPENDED BY THE
12 PROPER LICENSING AUTHORITY OF ANOTHER STATE, TERRITORY OR
13 COUNTRY.
14 (B) ALL ACTIONS OF THE BOARD SHALL BE TAKEN SUBJECT TO THE
15 RIGHT OF NOTICE, HEARING AND ADJUDICATION AND THE RIGHT OF
16 APPEAL THEREFROM IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF
17 JUNE 4, 1945 (P.L.1388, NO.442), KNOWN AS THE "ADMINISTRATIVE
18 AGENCY LAW."
19 Section 12. Penalties; Injunctive Relief.--(a) Any person
20 who violates any provision of this act shall be guilty of a
21 misdemeanor, as herein set forth, and upon conviction thereof
22 shall be punished by a fine of not less than $100 nor more than
23 $500 or by imprisonment for not less than 30 days nor more than
24 90 days, or by both such fine and imprisonment; and on each
25 additional offense shall be subject to a fine of not less than
26 $1,000 and imprisonment of not less than six months nor more
27 than one year, at the discretion of the court.
28 (b) The board may, in the name of the people of the
29 Commonwealth of Pennsylvania, through the Attorney General's
30 Office, apply for injunctive relief in any court of competent
19750S0195B0579 - 11 -
1 jurisdiction to enjoin any person from committing any act in
2 violation of this act. Such injunction proceedings shall be in
3 addition to, and in lieu of, all penalties and other remedies in
4 this act.
A13L31RZ/19750S0195B0579 - 12 -