Regular Session 2023-2024 Senate Bill 1042 P.N. 1340

PRINTER'S NO. 1340

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1042

Session of

2024

INTRODUCED BY BROWN, CULVER, HUTCHINSON, COSTA, SCHWANK AND

ARGALL, JANUARY 29, 2024

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,

JANUARY 29, 2024

AN ACT

Amending the act of October 10, 1975 (P.L.383, No.110), entitled

"An act relating to the practice of physical therapy,"

further providing for definitions, for powers and duties of

board, for continuing education and for practice of physical

therapy.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "certificate of authorization"

in section 2 of the act of October 10, 1975 (P.L.383, No.110),

known as the Physical Therapy Practice Act, is amended to read:

Section 2. Definitions.--The following definitions shall

apply, when used in this act, unless otherwise expressed

therein:

* * *

["Certificate of authorization" means a certificate, approved

by the board, to practice physical therapy without a referral

under section 9(a).]

* * *

Section 2. Sections 3(a), 7.2 and 9(b), (c) and (e) of the

act are amended to read:

Section 3. Powers and Duties of Board.--(a) It shall be the

duty of the board to pass upon the qualifications of applicants

for licensure as physical therapists and certification as

physical therapist assistants, to conduct examinations, to issue

and renew licenses [and certificates of authorization] to

physical therapists and certificates to physical therapist

assistants who qualify under this act, and in proper cases to

refuse to issue, suspend or revoke the license [or certificate

of authorization] of any physical therapist or certificate of

any physical therapist assistant. The board may adopt rules and

regulations not inconsistent with law as it may deem necessary

for the performance of its duties and the proper administration

of this law. The board is authorized and empowered to appoint

hearing examiners and to conduct investigations and hearings

upon charges for discipline of a licensee or certificate holder

or for violations of this act and to cause, through the office

of the Attorney General, the prosecution and enjoinder of

individuals violating this act. The board shall maintain a

licensed to practice in this State, and every physical therapist

assistant duly certified pursuant to section 9.1, such

individual's last known place of residence, and the date and

number of the physical therapist's license and the physical

therapist assistant's certificate. Residential information shall

not be considered a public record under the act of [June 21,

1957 (P.L.390, No.212), referred to as the Right-to-Know Law]

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

* * *

Section 7.2. Continuing Education.--For each license

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renewal, a licensee shall complete within the immediately

preceding two-year period at least 30 hours of continuing

physical therapy education as approved by the board. The

licensee shall provide the board with evidence of the completion

of the continuing education. [A physical therapist who has met

the continuing education requirements for a certificate of

authorization set forth in section 9(c)(1) shall be deemed to

have met the continuing education requirement for license

renewal. No credit shall be given for any course in office

management or practice building.]

Section 9. Practice of Physical Therapy.--* * *

(b) Licensees who meet the standards set forth in this

subsection may [apply to the board for a certificate of

authorization to] practice physical therapy under this act

without the required referral under subsection (a). [A

certificate of authorization to] The practice of physical

therapy without a referral under subsection (a) shall not

authorize a physical therapist either to treat a condition in an

individual which is a nonneurologic, nonmuscular or nonskeletal

condition or to treat an individual who has an acute cardiac or

acute pulmonary condition unless the physical therapist has

consulted with the individual's licensed physician, dentist or

podiatrist regarding the individual's condition and the physical

therapy treatment plan or has referred the individual to a

licensed physician, dentist or podiatrist for diagnosis and

referral. [The certificate of authorization shall be issued only

to licensed physical therapists practicing physical therapy. The

certificate of authorization shall be displayed by the

certificate holder in a manner conspicuous to the public. The

renewal of the certificate of authorization shall coincide with

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the renewal of the license of the licensee. Licensees making

application for a certificate of authorization] To practice

physical therapy under this subsection, a licensee shall present

satisfactory evidence to the board of all of the following:

(1) That the licensee has[:

(i)] passed an examination for licensure to practice

physical therapy, which examination included testing on the

appropriate evaluative procedures to treat an individual without

a referral.[; or

(ii) passed an examination for licensure to practice

physical therapy prior to 1990 and successfully completed a

course approved by the board on the appropriate evaluative

procedures to treat an individual without a referral.

(2) That the licensee has:

(i) practiced physical therapy as a licensed physical

therapist in the delivery of patient care in accordance with

this act on a continuous basis for at least two years

immediately preceding the application for a certificate of

authorization;

(ii) been licensed under section 6(d.1) and has practiced

physical therapy in the delivery of patient care as a licensed

physical therapist in a reciprocal state on a continuous basis

for at least two years immediately preceding the application for

a certificate of authorization; or

(iii) provided proof of meeting the standards of clause (i)

or (ii) of this paragraph through the application of any

combination thereof.]

(3) That the license of that licensee has been maintained in

good standing.

(4) That the licensee has professional liability insurance

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in accordance with the following provisions:

(ii) A licensee shall notify the board within 30 days of the

licensee's failure to be covered by the required insurance.

Failure to notify the board shall be actionable under section 11

or 12. Further, the certificate of authorization of that

licensee shall automatically be suspended upon failure to be

covered by the required insurance and shall not be restored

until submission to the board of satisfactory evidence that the

licensee has the required professional liability insurance

coverage.

(iii) The board shall accept from licensees as satisfactory

evidence of insurance coverage under this subsection any or all

of the following: self-insurance, personally purchased

professional liability insurance, professional liability

insurance coverage provided by the licensee's employer or any

similar type of coverage.

(iii.1) A licensee under this act, practicing in this

Commonwealth, shall maintain a level of professional liability

insurance coverage in the minimum amount of $1,000,000 per

occurrence or claims made. Failure to maintain insurance

coverage as required shall subject the licensee to disciplinary

proceedings. The board shall accept as satisfactory evidence of

insurance coverage any of the following:

(A) self-insurance;

(B) personally purchased liability insurance; or

the physical therapist's employer or similar insurance coverage

acceptable to the board.

(iii.2) A license applicant shall provide proof that the

applicant has obtained professional liability insurance in

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accordance with subparagraph (iii.1). It is sufficient if the

applicant files with the application a copy of a letter from the

applicant's professional liability insurance carrier indicating

that the applicant will be covered against professional

liability in the required amounts effective upon the issuance of

the applicant's license to practice physical therapy in this

Commonwealth.

(iii.3) Upon issuance of a license, a licensee has 30 days

to submit to the board the certificate of insurance or a copy of

the policy declaration page.

(iv) The board shall adopt, by regulation, standards and

procedures established by the Insurance Commissioner for self-

insurance. In the absence of these standards and procedures, the

board, after consultation with the Insurance Commissioner, shall

establish standards and procedures by regulation for self-

insurance under this subsection.

[(c) (1) For each renewal of the certificate of

authorization, the licensee shall complete within the

immediately preceding two-year period at least 30 hours of

continuing physical therapy education related to keeping the

certificate holder apprised of advancements and new developments

in the practice of the physical therapy profession. At least ten

of the 30 hours shall be in appropriate evaluative procedures to

treat an individual without a referral. No credit shall be given

for any course in office management or practice building. The

licensee shall provide the board with evidence of the completion

of the continuing education.

(2) Continuing education programs and program providers

under this subsection shall be approved by the board in

accordance with standards and criteria established by the board

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by regulation. The regulation shall include any fees necessary

to implement this provision and provide for waiver of the

continuing education requirement due to illness or hardship in

any licensing renewal period.]

* * *

(e) A physical therapist may treat an individual without a

referral as provided for in subsection (b) for up to [30] 60

days from the date of the first treatment. A physical therapist

shall not treat an individual beyond [30] 60 days from the date

of the first treatment unless he or she has obtained a referral

from a licensed physician; a licensed physician assistant

practicing pursuant to a written agreement with a physician; a

certified registered nurse practitioner practicing pursuant to a

collaborative agreement with a physician; or a licensed dentist

or licensed podiatrist, for the treatment of a condition that is

within the scope of practice of dentistry or podiatry. The date

of the first treatment for purposes of this subsection is the

date the individual is treated by any physical therapist

treating without a referral.

* * *

Section 3. This act shall take effect in 60 days.

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