Alabama 2023 Regular Session

Alabama House Bill HB110 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB110ENROLLED~~
	1	+	HB110INTRODUCED
2	2		Page 0
3		-	G3WYC6-2
	3	+	G3WYC6-1
4	4		By Representative Moore (P)
5	5		RFD: Boards, Agencies and Commissions
6	6		First Read: 21-Mar-23
7		-	2023 Regular Session
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12		-	5 ~~HB110 EnrolledHB110 Enrolled~~
	11	+	5 G3WYC6-1 02/24/2023 MAP (L) ma 2022-5196
13	12		Page 1
14		-	Enrolled, An Act,
	13	+	SYNOPSIS:
	14	+	Interstate licensure compacts are legislatively
	15	+	enacted contractual agreements between states to allow
	16	+	various health professionals with compact privileges to
	17	+	provide services to individuals in other states.
	18	+	Alabama enacted the Physical Therapy Licensure
	19	+	Compact on March 18, 2021, Act 2021-115.
	20	+	This bill would grant the Board of Physical
	21	+	Therapy jurisdiction over physical therapists and
	22	+	physical therapy assistants licensed in other states
	23	+	who have compact privileges to practice in this state.
	24	+	A BILL
	25	+	TO BE ENTITLED
	26	+	AN ACT
15	27		Relating to the Board of Physical Therapy; to amend
16	28		Sections 34-24-191, 34-24-193, 34-24-194, 34-24-196,
17	29		34-24-210, 34-24-210.1, 34-24-211, 34-24-212, 34-24-213,
18	30		34-24-214, and 34-24-217, Code of Alabama 1975; to give the
19	31		board authority over certain physical therapy professionals
20	32		licensed in other states.
21	33		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
22	34		Section 1. Sections 34-24-191, 34-24-193, 34-24-194,
23		-	34-24-196, 34-24-210, 34-24-210.1, 34-24-211, 34-24-212,
24		-	34-24-213, 34-24-214, and 34-24-217, Code of Alabama 1975, are
25		-	amended to read as follows:
26		-	"§34-24-191
27		-	(a) For the purposes of this article, the following
28		-	words and phrases shall have the meanings respectively
29		-	ascribed by this section:
30		-	(1) BOARD. The Board of Physical Therapy established by
31		-	Section 34-24-192.
32		-	(2) COMMISSION. The Physical Therapy Compact
33		-	Commission, the national administrative body whose membership
34		-	consists of all states that have enacted the interstate
35		-	compact.
36		-	(3) COMPACT PRIVILEGE. The authorization granted by a
37		-	remote state to allow a licensee from another state to
38		-	practice as a physical therapist or work as a physical
39		-	therapist assistant in the remote state under its laws and
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	64	+	34-24-196, 34-24-210, 34-24-210.1, 34-24-211, 34-24-212,
	65	+	34-24-213, 34-24-214, and 34-24-217, Code of Alabama 1975, are
	66	+	amended to read as follows:
	67	+	"§34-24-191
	68	+	(a) For the purposes of this article, the following
	69	+	words and phrases shall have the meanings respectively
	70	+	ascribed by this section:
	71	+	(1) BOARD. The Board of Physical Therapy established by
	72	+	Section 34-24-192.
	73	+	(2) COMMISSION. The Physical Therapy Compact
	74	+	Commission, the national administrative body whose membership
	75	+	consists of all states that have enacted the interstate
	76	+	compact.
	77	+	(3) COMPACT PRIVILEGE. The authorization granted by a
	78	+	remote state to allow a licensee from another state to
	79	+	practice as a physical therapist or work as a physical
	80	+	therapist assistant in the remote state under its laws and
69	81		rules. The practice of physical therapy occurs in the state
70	82		where the patient/client is located at the time of the
71	83		patient/client encounter.
72	84		(4) COMPACT PRIVILEGE HOLDER. An individual licensed as
73	85		a physical therapist or physical therapist assistant in a
74	86		compact state who has been granted a compact privilege by the
75	87		Commission.
76	88		(2)(5) FOREIGN EDUCATED PHYSICAL THERAPIST. A person
77	89		trained or educated in the practice of physical therapy
78	90		outside of the United States or any of its territorial
79	91		possessions.
80		-	(3)(6) IMPAIRED. The inability of a physical therapy
81		-	licensee to practice physical therapy with reasonable skill
82		-	and safety to patients by reason of illness, inebriation,
83		-	excessive use of drugs, narcotics, alcohol, chemicals, or
84		-	other substances, or as a result of any physical or mental
85		-	condition.
86		-	(4)(9) PHYSICAL THERAPY. The treatment of a human being
87		-	by the use of exercise, massage, heat, cold, water, radiant
88		-	energy, electricity, or sound for the purpose of correcting or
89		-	alleviating any physical or mental condition or preventing the
90		-	development of any physical or mental disability, or the
91		-	performance of neuromuscular-skeletal tests and measurements
92		-	to determine the existence and extent of body malfunction;
93		-	provided, that physical therapy shall be practiced only upon
94		-	the referral of a physician licensed to practice medicine or
95		-	surgery, a dentist licensed to practice dentistry, a licensed
96		-	chiropractor, a licensed assistant to a physician acting
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	121	+	(3)(6) IMPAIRED. The inability of a physical therapy
	122	+	licensee to practice physical therapy with reasonable skill
	123	+	and safety to patients by reason of illness, inebriation,
	124	+	excessive use of drugs, narcotics, alcohol, chemicals, or
	125	+	other substances, or as a result of any physical or mental
	126	+	condition.
	127	+	(4)(9) PHYSICAL THERAPY. The treatment of a human being
	128	+	by the use of exercise, massage, heat, cold, water, radiant
	129	+	energy, electricity, or sound for the purpose of correcting or
	130	+	alleviating any physical or mental condition or preventing the
	131	+	development of any physical or mental disability, or the
	132	+	performance of neuromuscular-skeletal tests and measurements
	133	+	to determine the existence and extent of body malfunction;
	134	+	provided, that physical therapy shall be practiced only upon
	135	+	the referral of a physician licensed to practice medicine or
	136	+	surgery, a dentist licensed to practice dentistry, a licensed
	137	+	chiropractor, a licensed assistant to a physician acting
126	138		pursuant to a valid supervisory agreement, or a licensed
127	139		certified registered nurse practitioner in a collaborative
128	140		practice agreement with a licensed physician, except as
129	141		otherwise provided in this chapter. Physical therapy does not
130	142		include radiology or electrosurgery.
131	143		(5)(7) PHYSICAL THERAPIST. A person who practices
132	144		physical therapy.
133	145		(6)(11) PHYSICAL THERAPY LICENSEE. A physical therapist
134	146		or physical therapist assistant who is licensed under this
135	147		article.
136	148		(7)(12) PHYSIOTHERAPIST. Synonymous with the term
137		-	"physical therapist," and the term shall be used to identify
138		-	only those persons licensed under this article. The physical
139		-	therapist may use the letters "P.T." or "R.P.T." in connection
140		-	with his or her name or place of business to denote his or her
141		-	registration hereunder.
142		-	(8)(8) PHYSICAL THERAPIST ASSISTANT. A person who
143		-	assists in the practice of physical therapy and whose
144		-	activities require an understanding of physical therapy but do
145		-	not require professional or advanced training in the
146		-	anatomical, biological, and physical sciences involved in the
147		-	practice of physical therapy. The physical therapist assistant
148		-	shall practice only under the direction of a licensed physical
149		-	therapist.
150		-	(9)(10) PHYSICAL THERAPY AIDE. A person trained under
151		-	the direction of a physical therapist who performs designated
152		-	and supervised routine tasks related to physical therapy
153		-	services.
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	178	+	"physical therapist," and the term shall be used to identify
	179	+	only those persons licensed under this article. The physical
	180	+	therapist may use the letters "P.T." or "R.P.T." in connection
	181	+	with his or her name or place of business to denote his or her
	182	+	registration hereunder.
	183	+	(8)(8) PHYSICAL THERAPIST ASSISTANT. A person who
	184	+	assists in the practice of physical therapy and whose
	185	+	activities require an understanding of physical therapy but do
	186	+	not require professional or advanced training in the
	187	+	anatomical, biological, and physical sciences involved in the
	188	+	practice of physical therapy. The physical therapist assistant
	189	+	shall practice only under the direction of a licensed physical
	190	+	therapist.
	191	+	(9)(10) PHYSICAL THERAPY AIDE. A person trained under
	192	+	the direction of a physical therapist who performs designated
	193	+	and supervised routine tasks related to physical therapy
	194	+	services.
183	195		(10)(13) RESTRICTED LICENSE.
184	196		a. For a physical therapist, a license on which the
185	197		board has placed restrictions or conditions, or both, as to
186	198		the scope of practice, place of practice, supervision of
187	199		practice, duration of licensed status, or type or condition of
188	200		patient to whom the physical therapist may provide services.
189	201		b. For a physical therapist assistant, a license on
190	202		which the board has placed any restriction.
191	203		(b) Words importing the masculine gender shall include
192	204		the feminine."
193	205		"§34-24-193
194		-	(a) It shall be the duty of t The board to shall have
195		-	the following duties:
196		-	(1) To pass upon the qualifications of applicants for
197		-	licensing as physical therapists and licensing as or physical
198		-	therapist assistants ,.
199		-	(2) Toto conduct examinations ,.
200		-	(3) Toto issue licenses andand license renewals to
201		-	physical therapists and physical therapist assistants
202		-	qualifying under this article .
203		-	(4) Toand in a proper case to suspend or revoke as
204		-	necessary the license or compact privilege of such persons
205		-	individuals.
206		-	(b) The board mayshall adopt rules and regulations not
207		-	inconsistent with law as it may deem necessary for the
208		-	performance of its duties ;, however, the board shall not issue
209		-	adopt any rules or regulations that require a physical
210		-	therapist assistant to be within sight of a consulting
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	235	+	(a) It shall be the duty of t The board to shall have
	236	+	the following duties:
	237	+	(1) To pass upon the qualifications of applicants for
	238	+	licensing as physical therapists and licensing as or physical
	239	+	therapist assistants ,.
	240	+	(2) Toto conduct examinations ,.
	241	+	(3) Toto issue licenses andand license renewals to
	242	+	physical therapists and physical therapist assistants
	243	+	qualifying under this article .
	244	+	(4) Toand in a proper case to suspend or revoke as
	245	+	necessary the license or compact privilege of such persons
	246	+	individuals.
	247	+	(b) The board mayshall adopt rules and regulations not
	248	+	inconsistent with law as it may deem necessary for the
	249	+	performance of its duties ;, however, the board shall not issue
	250	+	adopt any rules or regulations that require a physical
	251	+	therapist assistant to be within sight of a consulting
240	252		physical therapist or a physical therapist supervisor while
241	253		working under the direction of that physical therapist , or
242	254		issue adopt any rules, regulations, or issue any orders
243	255		inconsistent with Section 34-24-217(b). The board shall
244	256		maintain a listing of the name of every living physical
245	257		therapist and physical therapist assistant licensed or granted
246	258		a compact privilege in this state, his or her last known place
247	259		of business and last known place of residence, and the date
248	260		and number of his or her license.
249	261		(c) The board shall compile a list of physical
250	262		therapists and physical therapist assistants licensed to
251		-	practice or granted a compact privilege in this state, and
252		-	such list shall be available to any person upon application to
253		-	the board and the payment of such chargea fee as may be fixed
254		-	by the board.
255		-	(d) The board may establish and collect a fee for the
256		-	issuance of a compact privilege.
257		-	(e) Subject to the provisions of Section 34-24-195, the
258		-	board shall have the power to may make such expenditures and
259		-	employ such personnel as it may deem necessary for the
260		-	administration of the provisions of this article.
261		-	(f) The board shall hire and establish the
262		-	responsibilities and salary of an executive director.
263		-	(b)(g) The board is hereby specifically authorized to
264		-	may establish and collect a fee for certifying to other boards
265		-	or entities that a licensee is a member in good standing with
266		-	the Alabama board.
267		-	(c)(h) The board may collect a fee from providers of
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	292	+	practice or granted a compact privilege in this state, and
	293	+	such list shall be available to any person upon application to
	294	+	the board and the payment of such chargea fee as may be fixed
	295	+	by the board.
	296	+	(d) The board may establish and collect a fee for the
	297	+	issuance of a compact privilege.
	298	+	(e) Subject to the provisions of Section 34-24-195, the
	299	+	board shall have the power to may make such expenditures and
	300	+	employ such personnel as it may deem necessary for the
	301	+	administration of the provisions of this article.
	302	+	(f) The board shall hire and establish the
	303	+	responsibilities and salary of an executive director.
	304	+	(b)(g) The board is hereby specifically authorized to
	305	+	may establish and collect a fee for certifying to other boards
	306	+	or entities that a licensee is a member in good standing with
	307	+	the Alabama board.
	308	+	(c)(h) The board may collect a fee from providers of
297	309		continuing education programs.
298	310		(d)(i) The board is hereby authorized to may discipline
299	311		its licensees and compact privilege holders by the adoption
300	312		and collection of administrative fines, not to exceed one
301	313		thousand dollars ($1,000) per violation, and it is further
302	314		authorized to may institute any legal proceedings necessary to
303	315		effect compliance with this chapter.
304	316		(e)(j)(1) The board shall provide for an impaired
305	317		practitioner program beginning January 1, 2014.
306	318		(1)(2) The board shall promote the early
307	319		identification, intervention, treatment, and rehabilitation of
308		-	physical therapy licensees or compact privilege holders who
309		-	may be impaired by reason of illness, inebriation, excessive
310		-	use of drugs, narcotics, alcohol, chemicals, or other
311		-	substances, or as a result of any physical or mental
312		-	condition.
313		-	(2)(3) In order to carry out this obligation , the board
314		-	may contract with any nonprofit corporation or medical
315		-	professional association for the purpose of creating,
316		-	supporting, and maintaining a committee to be designated the
317		-	Alabama Physical Therapy Wellness Committee. The committee
318		-	shall be selected in a manner prescribed by the board. The
319		-	board may expend available funds as necessary to adequately
320		-	provide for the operational expenses of the committee
321		-	including, but not limited to, the actual cost of travel,
322		-	office overhead, and personnel expense. The funds provided by
323		-	the board for the purpose of operating expenses are not
324		-	subject to any provision of law requiring competitive bidding.
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	349	+	physical therapy licensees or compact privilege holders who
	350	+	may be impaired by reason of illness, inebriation, excessive
	351	+	use of drugs, narcotics, alcohol, chemicals, or other
	352	+	substances, or as a result of any physical or mental
	353	+	condition.
	354	+	(2)(3) In order to carry out this obligation , the board
	355	+	may contract with any nonprofit corporation or medical
	356	+	professional association for the purpose of creating,
	357	+	supporting, and maintaining a committee to be designated the
	358	+	Alabama Physical Therapy Wellness Committee. The committee
	359	+	shall be selected in a manner prescribed by the board. The
	360	+	board may expend available funds as necessary to adequately
	361	+	provide for the operational expenses of the committee
	362	+	including, but not limited to, the actual cost of travel,
	363	+	office overhead, and personnel expense. The funds provided by
	364	+	the board for the purpose of operating expenses are not
	365	+	subject to any provision of law requiring competitive bidding.
354	366		(3)(4) The board may enter into an agreement with a
355	367		nonprofit corporation or medical professional association for
356	368		the committee to undertake those functions and
357	369		responsibilities specified in the agreement, which may include
358	370		any or all of the following:
359	371		a. Contracting with providers of treatment programs.
360	372		b. Receiving and evaluating reports of suspected
361	373		impairment from any source.
362	374		c. Intervening in cases of verified impairment.
363	375		d. Referring impaired physical therapy licensees or
364	376		compact privilege holders to treatment programs.
365		-	e. Monitoring the treatment and rehabilitation of
366		-	impaired physical therapy licensees or compact privilege
367		-	holders.
368		-	f. Providing post-treatment monitoring and support of
369		-	rehabilitated impaired physical therapy licensees or compact
370		-	privilege holders .
371		-	g. Performing other activities as agreed by the board
372		-	and the committee.
373		-	(4)(5) The committee shall develop procedures in
374		-	consultation with the board for all of the following:
375		-	a. Periodic reporting of statistical information
376		-	regarding impaired physical therapy licensee program activity.
377		-	b. Periodic disclosure and joint review of all
378		-	information the board deems appropriate regarding reports
379		-	received, contracts or investigations made, and the
380		-	disposition of each report. The committee may not disclose any
381		-	personally identifiable information except as otherwise
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	406	+	e. Monitoring the treatment and rehabilitation of
	407	+	impaired physical therapy licensees or compact privilege
	408	+	holders.
	409	+	f. Providing post-treatment monitoring and support of
	410	+	rehabilitated impaired physical therapy licensees or compact
	411	+	privilege holders .
	412	+	g. Performing other activities as agreed by the board
	413	+	and the committee.
	414	+	(4)(5) The committee shall develop procedures in
	415	+	consultation with the board for all of the following:
	416	+	a. Periodic reporting of statistical information
	417	+	regarding impaired physical therapy licensee program activity.
	418	+	b. Periodic disclosure and joint review of all
	419	+	information the board deems appropriate regarding reports
	420	+	received, contracts or investigations made, and the
	421	+	disposition of each report. The committee may not disclose any
	422	+	personally identifiable information except as otherwise
411	423		provided in this article.
412	424		(5)(6) Any individual appointed to serve as a member of
413	425		the committee and any auxiliary personnel, consultant,
414	426		attorney, or other volunteer or employee of the committee
415	427		taking any action authorized by this article, engaging in the
416	428		performance of any duties on behalf of the committee, or
417	429		participating in any administrative or judicial proceeding
418	430		resulting therefrom, in the performance and operation thereof,
419	431		shall be immune from any liability, civil or criminal, that
420	432		might otherwise be incurred or imposed. Any nonprofit
421	433		corporation or medical professional association or other
422		-	entity that contracts with or receives funds from the board
423		-	for the creation, support, and operation of the committee, in
424		-	so doing, shall be immune from any liability, civil or
425		-	criminal, that might otherwise be incurred or imposed.
426		-	(6)(7) All information, interviews, reports,
427		-	statements, memoranda, or other documents furnished to or
428		-	produced by the committee and any findings, conclusions,
429		-	recommendations, or reports resulting from any investigation,
430		-	intervention, treatment, or rehabilitation, or other
431		-	proceeding of the committee is privileged and confidential.
432		-	All records and proceedings of the committee pertaining to an
433		-	impaired physical therapy licensee or compact privilege holder
434		-	are confidential and shall be used by the committee and the
435		-	members of the committee only in the exercise of the proper
436		-	function of the committee and shall not be public record nor
437		-	available for court subpoena or for discovery proceedings. In
438		-	the event of a breach of contract between the committee and
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	463	+	entity that contracts with or receives funds from the board
	464	+	for the creation, support, and operation of the committee, in
	465	+	so doing, shall be immune from any liability, civil or
	466	+	criminal, that might otherwise be incurred or imposed.
	467	+	(6)(7) All information, interviews, reports,
	468	+	statements, memoranda, or other documents furnished to or
	469	+	produced by the committee and any findings, conclusions,
	470	+	recommendations, or reports resulting from any investigation,
	471	+	intervention, treatment, or rehabilitation, or other
	472	+	proceeding of the committee is privileged and confidential.
	473	+	All records and proceedings of the committee pertaining to an
	474	+	impaired physical therapy licensee or compact privilege holder
	475	+	are confidential and shall be used by the committee and the
	476	+	members of the committee only in the exercise of the proper
	477	+	function of the committee and shall not be public record nor
	478	+	available for court subpoena or for discovery proceedings. In
	479	+	the event of a breach of contract between the committee and
468	480		the impaired physical therapy licensee or compact privilege
469	481		holder, all records pertaining to the conduct determined to
470	482		cause the breach of contract shall be disclosed to the board
471	483		upon its request for disciplinary purposes only. Nothing
472	484		contained in this subdivision shall apply to records made in
473	485		the regular course of business of a physical therapy licensee
474	486		and any information, document, or record otherwise available
475	487		from an original source is not to be construed as immune from
476	488		discovery or use in any civil proceeding merely because it is
477	489		presented or considered during proceedings of the committee.
478	490		(7)(8) The committee shall render an annual report to
479		-	the board concerning the operations and proceedings of the
480		-	committee for the preceding year. The committee shall report
481		-	to the board any physical therapy licensee or compact
482		-	privilege holder who in the opinion of the committee is unable
483		-	to perform physical therapy duties with reasonable skill and
484		-	safety to patients by reason of illness, inebriation,
485		-	excessive use of drugs, narcotics, alcohol, chemicals, or
486		-	other substances, or as a result of any physical or mental
487		-	condition when it appears that the physical therapy licensee
488		-	or compact privilege holder is currently in need of
489		-	intervention, treatment, or rehabilitation and the licensee
490		-	individual has failed or refused to participate in any program
491		-	of treatment or rehabilitation recommended by the committee. A
492		-	report to the Alabama Physical Therapy Wellness Committee
493		-	shall be deemed a report to the board for the purposes of any
494		-	mandated reporting of physical therapy licensee impairment of
495		-	a licensee or compact privilege holder otherwise provided for
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518	513		247
519	514		248
520	515		249
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	520	+	the board concerning the operations and proceedings of the
	521	+	committee for the preceding year. The committee shall report
	522	+	to the board any physical therapy licensee or compact
	523	+	privilege holder who in the opinion of the committee is unable
	524	+	to perform physical therapy duties with reasonable skill and
	525	+	safety to patients by reason of illness, inebriation,
	526	+	excessive use of drugs, narcotics, alcohol, chemicals, or
	527	+	other substances, or as a result of any physical or mental
	528	+	condition when it appears that the physical therapy licensee
	529	+	or compact privilege holder is currently in need of
	530	+	intervention, treatment, or rehabilitation and the licensee
	531	+	individual has failed or refused to participate in any program
	532	+	of treatment or rehabilitation recommended by the committee. A
	533	+	report to the Alabama Physical Therapy Wellness Committee
	534	+	shall be deemed a report to the board for the purposes of any
	535	+	mandated reporting of physical therapy licensee impairment of
	536	+	a licensee or compact privilege holder otherwise provided for
525	537		by law.
526	538		(8)(9) If the board has reasonable cause to believe
527	539		that a physical therapy licensee or compact privilege holder
528	540		is impaired, the board may cause an evaluation of the physical
529	541		therapy licensee that individual to be conducted by the
530	542		committee for the purpose of determining if there is an
531	543		impairment. The committee shall report the findings of its
532	544		evaluation to the board."
533	545		"§34-24-194
534	546		(a) Any person may file a complaint with the board
535	547		against any licensed physical therapist , or licensed physical
536		-	therapist assistant , or compact privilege holder in the state
537		-	charging the person with a violation of this article. The
538		-	complaint shall set forth specifications of charges in
539		-	sufficient detail to disclose to the accused fully and
540		-	completely the alleged acts of misconduct for which he or she
541		-	is charged. When a complaint is filed, the executive director
542		-	of the board shall mail a copy thereof to the accused by
543		-	registered mail at his or her address of record, with a
544		-	written notice of the time and place of a hearing of the
545		-	complaint, advising the accused that he or she may be present
546		-	in person and by counsel if he or she so desires to offer
547		-	testimony and evidence in his or her defense.
548		-	(b) The board may issue subpoenas and compel the
549		-	attendance of any witness or the production of any book,
550		-	writing, or other documentation in the possession, custody, or
551		-	control of any person. Any person refusing to produce any
552		-	book, writing, or other documentation or to appear to testify,
553	548		253
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573	568		273
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	577	+	therapist assistant , or compact privilege holder in the state
	578	+	charging the person with a violation of this article. The
	579	+	complaint shall set forth specifications of charges in
	580	+	sufficient detail to disclose to the accused fully and
	581	+	completely the alleged acts of misconduct for which he or she
	582	+	is charged. When a complaint is filed, the executive director
	583	+	of the board shall mail a copy thereof to the accused by
	584	+	registered mail at his or her address of record, with a
	585	+	written notice of the time and place of a hearing of the
	586	+	complaint, advising the accused that he or she may be present
	587	+	in person and by counsel if he or she so desires to offer
	588	+	testimony and evidence in his or her defense.
	589	+	(b) The board may issue subpoenas and compel the
	590	+	attendance of any witness or the production of any book,
	591	+	writing, or other documentation in the possession, custody, or
	592	+	control of any person. Any person refusing to produce any
	593	+	book, writing, or other documentation or to appear to testify,
582	594		without legal excuse, at a hearing of the board, after having
583	595		been served with a subpoena issued by the board requiring the
584	596		person to appear, produce any book, writing, or other form of
585	597		documentation or testify at the hearing, shall be guilty of
586	598		contempt. Upon certification of the act of contempt by the
587	599		board to the judge of the circuit court in whose jurisdiction
588	600		the hearing is held or is to be held, the judge shall punish
589	601		the contempt as though committed before the judge. The accused
590	602		party shall, on application to the board, be furnished by the
591	603		board with a subpoena for any witness in his or her behalf or
592	604		for the production of any book, writing, or other
593		-	documentation to be used in his or her behalf at the hearing.
594		-	(c) At the hearing, the board shall receive evidence
595		-	upon the subject matter under consideration and shall accord
596		-	the accused person individual a full and fair opportunity to
597		-	be heard in his or her defense. The board shall not be bound
598		-	by strict or technical rules of evidence, but shall consider
599		-	all evidence fully and fairly except, that all oral testimony
600		-	considered by the board must be under oath. If the board is
601		-	convinced that the licensed physical therapist or the licensed
602		-	physical therapist assistant licensee or compact privilege
603		-	holder has violated this article, it may revoke his or her
604		-	license.
605		-	(d) The action of the board in revoking or refusing to
606		-	issue a license or compact privilege may be reviewed by the
607		-	Circuit Court of Montgomery County by a writ of mandamus,
608		-	accompanied by a bond to be approved by the court, to
609		-	determine whether the board acted arbitrarily, capriciously,
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612	607		283
613	608		284
614	609		285
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624	619		295
625	620		296
626	621		297
627	622		298
628	623		299
629	624		300
630	625		301
631	626		302
632	627		303
633	628		304
634	629		305
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	634	+	documentation to be used in his or her behalf at the hearing.
	635	+	(c) At the hearing, the board shall receive evidence
	636	+	upon the subject matter under consideration and shall accord
	637	+	the accused person individual a full and fair opportunity to
	638	+	be heard in his or her defense. The board shall not be bound
	639	+	by strict or technical rules of evidence, but shall consider
	640	+	all evidence fully and fairly except, that all oral testimony
	641	+	considered by the board must be under oath. If the board is
	642	+	convinced that the licensed physical therapist or the licensed
	643	+	physical therapist assistant licensee or compact privilege
	644	+	holder has violated this article, it may revoke his or her
	645	+	license.
	646	+	(d) The action of the board in revoking or refusing to
	647	+	issue a license or compact privilege may be reviewed by the
	648	+	Circuit Court of Montgomery County by a writ of mandamus,
	649	+	accompanied by a bond to be approved by the court, to
	650	+	determine whether the board acted arbitrarily, capriciously,
639	651		or illegally. The review procedure provided in this subsection
640	652		shall not suspend the action of the board in the revocation or
641	653		refusal of a license.
642	654		(e) The board may restrict a license or compact
643	655		privilege and may require the licensee a licensee or compact
644	656		privilege holder to report regularly to the board on matters
645	657		related to the reasons for the restricted license."
646	658		"§34-24-196
647	659		(a) Each violation of Section 34-24-210 shall be
648	660		punishable by a fine of not less than one hundred dollars
649	661		($100)$100 nor more than five hundred dollars ($500) $500, or
650		-	by imprisonment for not less than 30 days nor more than 90
651		-	days, or both.
652		-	(b) Any person individual who knowingly makes a false
653		-	statement in his or her application for registration or a
654		-	license or compact privilege under this article , or in
655		-	response to any inquiry by the board , shall be fined not less
656		-	than one hundred dollars ($100) $100 nor more than five hundred
657		-	dollars ($500)$500 or by imprisonment for not less than 30
658		-	days nor more than 90 days, or both."
659		-	"§34-24-210
660		-	(a) License or compact privilege required. No person
661		-	individual shall practice nor hold himself or herself out to
662		-	be able to practice physical therapy in this state unless he
663		-	or she is licensed or has been granted a compact privilege in
664		-	accordance with this article chapter.
665		-	(b) License or compact privilege required. No person
666		-	individual shall act nor hold himself or herself out as being
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	691	+	by imprisonment for not less than 30 days nor more than 90
	692	+	days, or both.
	693	+	(b) Any person individual who knowingly makes a false
	694	+	statement in his or her application for registration or a
	695	+	license or compact privilege under this article , or in
	696	+	response to any inquiry by the board , shall be fined not less
	697	+	than one hundred dollars ($100) $100 nor more than five hundred
	698	+	dollars ($500)$500 or by imprisonment for not less than 30
	699	+	days nor more than 90 days, or both."
	700	+	"§34-24-210
	701	+	(a) License or compact privilege required. No person
	702	+	individual shall practice nor hold himself or herself out to
	703	+	be able to practice physical therapy in this state unless he
	704	+	or she is licensed or has been granted a compact privilege in
	705	+	accordance with this article chapter.
	706	+	(b) License or compact privilege required. No person
	707	+	individual shall act nor hold himself or herself out as being
696	708		able to act as a physical therapist assistant unless he or she
697	709		is licensed or has been granted a compact privilege in
698	710		accordance with this article.
699	711		(c) Other healing arts not affected. Nothing in this
700	712		article shall prohibit any person individual licensed to
701	713		practice any other of the healing arts in this state under any
702	714		other law from engaging in the practice for which he or she is
703	715		licensed."
704	716		"§34-24-210.1
705	717		(a) Without prescription or referral, a licensed
706	718		physical therapist or compact privilege holder may perform an
707		-	initial evaluation or consultation of a screening nature to
708		-	determine the need for physical therapy and may perform the
709		-	physical therapy and other services provided in subdivisions
710		-	(1) to (5), inclusive, of subsection (b)(1) through (5).
711		-	Implementation of physical therapy shall otherwise be based on
712		-	the referral of a person licensed to practice medicine,
713		-	surgery, dentistry, chiropractic, licensed assistant to a
714		-	physician acting pursuant to a valid supervising agreement, or
715		-	a licensed certified registered nurse practitioner in a valid
716		-	collaborative practice agreement with a licensed physician.
717		-	(b) The physical therapy and other services referred to
718		-	in subsection (a), which may be performed without prescription
719		-	or referral, include and are limited to the following:
720		-	(1) To a child with a diagnosed developmental
721		-	disability pursuant to the plan of care for the child.
722		-	(2) To a patient of a home health care agency pursuant
723		-	to the plan of care for the patient.
724	719		337
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729	724		342
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739	734		352
740	735		353
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742	737		355
743	738		356
744	739		357
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747	742		360
748	743		361
749	744		362
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	748	+	initial evaluation or consultation of a screening nature to
	749	+	determine the need for physical therapy and may perform the
	750	+	physical therapy and other services provided in subdivisions
	751	+	(1) to (5), inclusive, of subsection (b)(1) through (5).
	752	+	Implementation of physical therapy shall otherwise be based on
	753	+	the referral of a person licensed to practice medicine,
	754	+	surgery, dentistry, chiropractic, licensed assistant to a
	755	+	physician acting pursuant to a valid supervising agreement, or
	756	+	a licensed certified registered nurse practitioner in a valid
	757	+	collaborative practice agreement with a licensed physician.
	758	+	(b) The physical therapy and other services referred to
	759	+	in subsection (a), which may be performed without prescription
	760	+	or referral, include and are limited to the following:
	761	+	(1) To a child with a diagnosed developmental
	762	+	disability pursuant to the plan of care for the child.
	763	+	(2) To a patient of a home health care agency pursuant
	764	+	to the plan of care for the patient.
753	765		(3) To a patient in a nursing home pursuant to the plan
754	766		of care for the patient.
755	767		(4) Related to conditioning or to providing education
756	768		or activities in a wellness setting for the purpose of injury
757	769		prevention, reduction of stress, or promotion of fitness.
758	770		(5) To an individual for a previously diagnosed
759	771		condition or conditions for which physical therapy services
760	772		are appropriate after informing the health care provider
761	773		rendering the diagnosis. The diagnosis shall have been made
762	774		within the immediately preceding 90 days. The physical
763	775		therapist shall provide the health care provider who rendered
764		-	the diagnosis with a plan of care for physical therapy
765		-	services within the first 15 days of physical therapy
766		-	intervention."
767		-	"§34-24-211
768		-	(a) An applicant for licensure as a physical therapist
769		-	or for a license as a physical therapist assistant shall file
770		-	a written application on forms provided by the board together
771		-	with a fee as set by the board, no part of which shall be
772		-	returnedrefundable. The applicant shall present evidence
773		-	satisfactory to the board that he or she is of good moral
774		-	character and has completed a program of physical therapy
775		-	education appropriate for training a physical therapist or a
776		-	physical therapist assistant , as the case may be, approved by
777		-	the board or a nationally recognized accrediting agency. Each
778		-	applicant shall also be a citizen of the United States or, if
779		-	not a citizen of the United States, a person who is legally
780		-	present in the United States with appropriate documentation
781	776		365
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792	787		376
793	788		377
794	789		378
795	790		379
796	791		380
797	792		381
798	793		382
799	794		383
800	795		384
801	796		385
802	797		386
803	798		387
804	799		388
805	800		389
806	801		390
807	802		391
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	805	+	the diagnosis with a plan of care for physical therapy
	806	+	services within the first 15 days of physical therapy
	807	+	intervention."
	808	+	"§34-24-211
	809	+	(a) An applicant for licensure as a physical therapist
	810	+	or for a license as a physical therapist assistant shall file
	811	+	a written application on forms provided by the board together
	812	+	with a fee as set by the board, no part of which shall be
	813	+	returnedrefundable. The applicant shall present evidence
	814	+	satisfactory to the board that he or she is of good moral
	815	+	character and has completed a program of physical therapy
	816	+	education appropriate for training a physical therapist or a
	817	+	physical therapist assistant , as the case may be, approved by
	818	+	the board or a nationally recognized accrediting agency. Each
	819	+	applicant shall also be a citizen of the United States or, if
	820	+	not a citizen of the United States, a person who is legally
	821	+	present in the United States with appropriate documentation
810	822		from the federal government.
811	823		(b) On and after June 1, 2021, an applicant for
812	824		licensure as a physical therapist or a physical therapist
813	825		assistant shall submit to the board, on a form sworn to by the
814	826		applicant, his or her name, date of birth, Social Security
815	827		number, and two complete sets of fingerprints for completion
816	828		of a criminal history background check. The board shall submit
817	829		the fingerprints to the Alabama State Law Enforcement Agency
818	830		for a state criminal history background check. The
819	831		fingerprints shall be forwarded by the agency to the Federal
820	832		Bureau of Investigation for a national criminal history
821		-	background check. Costs associated with conducting a criminal
822		-	history background check shall be paid by the applicant."
823		-	"§34-24-212
824		-	(a) Generally. The board shall give an appropriate
825		-	physical therapy examination and a jurisprudence examination
826		-	to every applicant who complies with Section 34-24-211 and who
827		-	pays the fee prescribed for the examination. Examinations
828		-	shall be held within the state at least once each year, at
829		-	such times and places as the board determines. A practical or
830		-	demonstration examination may be required at the discretion of
831		-	the board when an applicant is retaking a written examination
832		-	after previously having failed such an examination.
833		-	(b) Physical therapist. The physical therapy
834		-	examination given applicants for licensure as a physical
835		-	therapist shall be a written examination , approved by the
836		-	board. Such examination shall to test the applicant's
837		-	knowledge of the basic and clinical sciences as they relate to
838	833		393
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840	835		395
841	836		396
842	837		397
843	838		398
844	839		399
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847	842		402
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849	844		404
850	845		405
851	846		406
852	847		407
853	848		408
854	849		409
855	850		410
856	851		411
857	852		412
858	853		413
859	854		414
860	855		415
861	856		416
862	857		417
863	858		418
864	859		419
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	862	+	background check. Costs associated with conducting a criminal
	863	+	history background check shall be paid by the applicant."
	864	+	"§34-24-212
	865	+	(a) Generally. The board shall give an appropriate
	866	+	physical therapy examination and a jurisprudence examination
	867	+	to every applicant who complies with Section 34-24-211 and who
	868	+	pays the fee prescribed for the examination. Examinations
	869	+	shall be held within the state at least once each year, at
	870	+	such times and places as the board determines. A practical or
	871	+	demonstration examination may be required at the discretion of
	872	+	the board when an applicant is retaking a written examination
	873	+	after previously having failed such an examination.
	874	+	(b) Physical therapist. The physical therapy
	875	+	examination given applicants for licensure as a physical
	876	+	therapist shall be a written examination , approved by the
	877	+	board. Such examination shall to test the applicant's
	878	+	knowledge of the basic and clinical sciences as they relate to
867	879		the practice of physical therapy, physical therapy theory and
868	880		procedures, and such other subjects as the board may deem
869	881		useful to test the applicant's fitness to practice physical
870	882		therapy. The board shall also administer a jurisprudence
871	883		examination to applicants for licensure as a physical
872	884		therapist, which shall be a written examination approved by
873	885		the board to test the applicant's knowledge of the laws and
874	886		rules of the State of Alabama as they relate to the practice
875	887		of physical therapy and such other subjects as the board may
876	888		deem useful to test the applicant's knowledge of applicable
877	889		law. A practical or demonstration examination may be required
878		-	if so determined by the board. The board, in its discretion,
879		-	may waive the requirement for a jurisprudence examination.
880		-	(c) Physical therapist assistant. The physical therapy
881		-	examination given applicants for licensure as physical
882		-	therapist assistant willshall be a written examination ,
883		-	approved by the board . Such examination shall to test the
884		-	applicant's knowledge of the basic and clinical sciences as
885		-	they relate to the practice of physical therapy, physical
886		-	therapy theory and procedures, and such other subjects as the
887		-	board may deem useful to test the applicant's fitness to act
888		-	as a physical therapist assistant. The board shall also
889		-	administer a jurisprudence examination to applicants for
890		-	licensure as a physical therapist assistant, which shall be a
891		-	written examination approved by the board to test the
892		-	applicant's knowledge of the laws and rules of the State of
893		-	Alabama as they relate to the practice of physical therapy and
894		-	such other subjects as the board may deem useful to test the
895	890		421
896	891		422
897	892		423
898	893		424
899	894		425
900	895		426
901	896		427
902	897		428
903	898		429
904	899		430
905	900		431
906	901		432
907	902		433
908	903		434
909	904		435
910	905		436
911	906		437
912	907		438
913	908		439
914	909		440
915	910		441
916	911		442
917	912		443
918	913		444
919	914		445
920	915		446
921	916		447
922		-	448 HB110 ~~EnrolledHB110 Enrolled~~
	917	+	448 HB110 INTRODUCEDHB110 INTRODUCED
923	918		Page 17
	919	+	if so determined by the board. The board, in its discretion,
	920	+	may waive the requirement for a jurisprudence examination.
	921	+	(c) Physical therapist assistant. The physical therapy
	922	+	examination given applicants for licensure as physical
	923	+	therapist assistant willshall be a written examination ,
	924	+	approved by the board . Such examination shall to test the
	925	+	applicant's knowledge of the basic and clinical sciences as
	926	+	they relate to the practice of physical therapy, physical
	927	+	therapy theory and procedures, and such other subjects as the
	928	+	board may deem useful to test the applicant's fitness to act
	929	+	as a physical therapist assistant. The board shall also
	930	+	administer a jurisprudence examination to applicants for
	931	+	licensure as a physical therapist assistant, which shall be a
	932	+	written examination approved by the board to test the
	933	+	applicant's knowledge of the laws and rules of the State of
	934	+	Alabama as they relate to the practice of physical therapy and
	935	+	such other subjects as the board may deem useful to test the
924	936		applicant's knowledge of applicable law. A practical or
925	937		demonstration examination may be required if so determined by
926	938		the board. The board, in its discretion, may waive the
927	939		requirement for a jurisprudence examination.
928	940		(d) Foreign educated physical therapist. Any foreign
929	941		educated physical therapist who plans to practice in the state
930	942		must have their educational credentials evaluated by a
931	943		recognized educational evaluation agency and have that agency
932	944		send their report directly to the board. The board will shall
933	945		determine the acceptability of equivalency in educational
934	946		preparation. If the board rules determines the education to be
935		-	acceptable, the routine application process will be followed.
936		-	(e) Compact privilege applicants. Individuals
937		-	purchasing a compact privilege for the State of Alabama shall
938		-	pass the jurisprudence examination required of licensed
939		-	physical therapists of licensed physical therapist assistants
940		-	before the privilege is issued by the Commission.
941		-	(f) By January 1, 2024, the board shall adopt rules to
942		-	implement this chapter. "
943		-	"§34-24-213
944		-	The board shall issue a license to each applicant who
945		-	passes the appropriate examination for licensure as a physical
946		-	therapist or licensure as a physical therapist assistant in
947		-	accordance with standards fixed by it and who is not
948		-	disqualified to receive a license under the provisions of
949		-	Section 34-24-217."
950		-	"§34-24-214
951		-	On Upon payment to the board of a fee set by the board
952	947		449
953	948		450
954	949		451
955	950		452
956	951		453
957	952		454
958	953		455
959	954		456
960	955		457
961	956		458
962	957		459
963	958		460
964	959		461
965	960		462
966	961		463
967	962		464
968	963		465
969	964		466
970	965		467
971	966		468
972	967		469
973	968		470
974	969		471
975	970		472
976	971		473
977	972		474
978	973		475
979		-	476 HB110 ~~EnrolledHB110 Enrolled~~
	974	+	476 HB110 INTRODUCEDHB110 INTRODUCED
980	975		Page 18
	976	+	acceptable, the routine application process will be followed.
	977	+	(e) Compact privilege applicants. Individuals
	978	+	purchasing a compact privilege for the State of Alabama shall
	979	+	pass the jurisprudence examination required of licensed
	980	+	physical therapists of licensed physical therapist assistants
	981	+	before the privilege is issued by the Commission.
	982	+	(f) By January 1, 2024, the board shall adopt rules to
	983	+	implement this chapter. "
	984	+	"§34-24-213
	985	+	The board shall issue a license to each applicant who
	986	+	passes the appropriate examination for licensure as a physical
	987	+	therapist or licensure as a physical therapist assistant in
	988	+	accordance with standards fixed by it and who is not
	989	+	disqualified to receive a license under the provisions of
	990	+	Section 34-24-217."
	991	+	"§34-24-214
	992	+	On Upon payment to the board of a fee set by the board
981	993		and the submission of a written application on forms provided
982	994		by the board, the board shall issue a license without
983	995		examination to:
984	996		(1) A person An individual who is qualified within the
985	997		meaning of this article as a physical therapist by another
986	998		state of the United States of America, its possessions, or the
987	999		District of Columbia, if the requirements for licensing or
988	1000		registration in such state, possession, or district were at
989	1001		the date of his or her licensing or registration by such that
990	1002		state substantially equal to the requirement for the initial
991	1003		licensing of persons individuals practicing physical therapy
992		-	when this article became effective, August 20, 1965, or for
993		-	licensing by examination prepared by the professional
994		-	examining service as set forth in thethis article and any
995		-	additional requirements prescribed by the board.
996		-	(2) A person An individual who is qualified within the
997		-	meaning of this article as a physical therapist assistant by
998		-	another state of the United States of America, its
999		-	possessions, or the District of Columbia, if the requirements
1000		-	for licensing in such state, possession, or district were at
1001		-	the date of his or her licensing by such that state
1002		-	substantially equal to the requirements set forth in this
1003		-	article."
1004		-	"§34-24-217
1005		-	(a) The board shall refuse to issue a license to any
1006		-	person individual and, after notice and hearing in accordance
1007		-	with its regulations and rules, shall suspend or revoke the
1008		-	license or compact privilege of any person individual who has
1009	1004		477
1010	1005		478
1011	1006		479
1012	1007		480
1013	1008		481
1014	1009		482
1015	1010		483
1016	1011		484
1017	1012		485
1018	1013		486
1019	1014		487
1020	1015		488
1021	1016		489
1022	1017		490
1023	1018		491
1024	1019		492
1025	1020		493
1026	1021		494
1027	1022		495
1028	1023		496
1029	1024		497
1030	1025		498
1031	1026		499
1032	1027		500
1033	1028		501
1034	1029		502
1035	1030		503
1036		-	504 HB110 ~~EnrolledHB110 Enrolled~~
	1031	+	504 HB110 INTRODUCEDHB110 INTRODUCED
1037	1032		Page 19
	1033	+	when this article became effective, August 20, 1965, or for
	1034	+	licensing by examination prepared by the professional
	1035	+	examining service as set forth in thethis article and any
	1036	+	additional requirements prescribed by the board.
	1037	+	(2) A person An individual who is qualified within the
	1038	+	meaning of this article as a physical therapist assistant by
	1039	+	another state of the United States of America, its
	1040	+	possessions, or the District of Columbia, if the requirements
	1041	+	for licensing in such state, possession, or district were at
	1042	+	the date of his or her licensing by such that state
	1043	+	substantially equal to the requirements set forth in this
	1044	+	article."
	1045	+	"§34-24-217
	1046	+	(a) The board shall refuse to issue a license to any
	1047	+	person individual and, after notice and hearing in accordance
	1048	+	with its regulations and rules, shall suspend or revoke the
	1049	+	license or compact privilege of any person individual who has
1038	1050		done any of the following :
1039	1051		(1) Practiced physical therapy other than upon the
1040	1052		referral of a physician licensed to practice medicine or
1041	1053		surgery, a dentist licensed to practice dentistry, a licensed
1042	1054		chiropractor, a licensed assistant to a physician acting
1043	1055		pursuant to a valid supervisory agreement, or a licensed
1044	1056		certified registered nurse practitioner in a valid
1045	1057		collaborative practice agreement with a licensed physician,
1046	1058		except as provided in Section 34-24-210.1, or practiced as a
1047	1059		physical therapist assistant other than under the direction of
1048	1060		a licensed physical therapist ;.
1049		-	(2) Used drugs or intoxicating liquors alcoholic
1050		-	beverages to an extent which affects his or her professional
1051		-	competency;.
1052		-	(3) Been convicted of a felony or of a crime involving
1053		-	moral turpitude;.
1054		-	(4) Obtained or attempted to obtain a license or
1055		-	compact privilege by fraud or deception ;.
1056		-	(5) Been grossly negligent in the practice of physical
1057		-	therapy or in acting as a physical therapist assistant ;.
1058		-	(6) Been adjudged mentally incompetent by a court of
1059		-	competent jurisdiction ;.
1060		-	(7) Been guilty of conduct unbecoming a person licensed
1061		-	as a physical therapist or licensed as a physical therapist
1062		-	assistantlicensee or compact privilege holder or of conduct
1063		-	detrimental to the best interest of the public ;.
1064		-	(8) Been convicted of violating any state or federal
1065		-	narcotic law;.
1066	1061		505
1067	1062		506
1068	1063		507
1069	1064		508
1070	1065		509
1071	1066		510
1072	1067		511
1073	1068		512
1074	1069		513
1075	1070		514
1076	1071		515
1077	1072		516
1078	1073		517
1079	1074		518
1080	1075		519
1081	1076		520
1082	1077		521
1083	1078		522
1084	1079		523
1085	1080		524
1086	1081		525
1087	1082		526
1088	1083		527
1089	1084		528
1090	1085		529
1091	1086		530
1092	1087		531
1093		-	532 HB110 ~~EnrolledHB110 Enrolled~~
	1088	+	532 HB110 INTRODUCEDHB110 INTRODUCED
1094	1089		Page 20
	1090	+	(2) Used drugs or intoxicating liquors alcoholic
	1091	+	beverages to an extent which affects his or her professional
	1092	+	competency;.
	1093	+	(3) Been convicted of a felony or of a crime involving
	1094	+	moral turpitude;.
	1095	+	(4) Obtained or attempted to obtain a license or
	1096	+	compact privilege by fraud or deception ;.
	1097	+	(5) Been grossly negligent in the practice of physical
	1098	+	therapy or in acting as a physical therapist assistant ;.
	1099	+	(6) Been adjudged mentally incompetent by a court of
	1100	+	competent jurisdiction ;.
	1101	+	(7) Been guilty of conduct unbecoming a person licensed
	1102	+	as a physical therapist or licensed as a physical therapist
	1103	+	assistantlicensee or compact privilege holder or of conduct
	1104	+	detrimental to the best interest of the public ;.
	1105	+	(8) Been convicted of violating any state or federal
	1106	+	narcotic law;.
1095	1107		(9) Treated or undertaken to treat human ailments
1096	1108		otherwise than by physical therapy as defined in this
1097	1109		article;.
1098	1110		(10) Advertised unethically according to standards as
1099	1111		set by the board ; or.
1100	1112		(11) Failed or refused to obey any lawful order or
1101	1113		regulation of the board.
1102	1114		(b) For purposes of this article and notwithstanding
1103	1115		any other provision of this article or any rules or
1104	1116		regulations adopted by the board, any person licensedlicensee
1105	1117		or compact privilege holder under this article who has a bona
1106		-	fide employment or independent contract with a physician, a
1107		-	physician group, or an entity with which a physician has a
1108		-	legal compensation arrangement, including fair market value
1109		-	wages, compensation, benefits, or rents for services or
1110		-	property provided, or in which a physician has a legal
1111		-	financial interest, including any direct or indirect ownership
1112		-	or investment interest, shall not be deemed to be engaged in
1113		-	conduct unbecoming a person licensedlicensee or compact
1114		-	privilege holder under this article, or to be engaged in
1115		-	conduct detrimental to the best interest of the public, or to
1116		-	be in violation of any other provision of this article by
1117		-	virtue of any of the above relationships, and shall not be
1118		-	subject to licensure or compact privilege denial, suspension,
1119		-	revocation, or any other disciplinary action or penalty under
1120		-	this article: (1) by virtue of such employment or contract, or
1121		-	(2) by virtue of the provision of physical therapy services
1122		-	pursuant to a referral from the employing or contracting
1123	1118		533
1124	1119		534
1125	1120		535
1126	1121		536
1127	1122		537
1128	1123		538
1129	1124		539
1130	1125		540
1131	1126		541
1132	1127		542
1133	1128		543
1134	1129		544
1135	1130		545
1136	1131		546
1137	1132		547
1138	1133		548
1139	1134		549
1140	1135		550
1141	1136		551
1142	1137		552
1143	1138		553
1144	1139		554
1145	1140		555
1146	1141		556
1147	1142		557
1148	1143		558
1149	1144		559
1150		-	560 HB110 ~~EnrolledHB110 Enrolled~~
	1145	+	560 HB110 INTRODUCEDHB110 INTRODUCED
1151	1146		Page 21
	1147	+	fide employment or independent contract with a physician, a
	1148	+	physician group, or an entity with which a physician has a
	1149	+	legal compensation arrangement, including fair market value
	1150	+	wages, compensation, benefits, or rents for services or
	1151	+	property provided, or in which a physician has a legal
	1152	+	financial interest, including any direct or indirect ownership
	1153	+	or investment interest, shall not be deemed to be engaged in
	1154	+	conduct unbecoming a person licensedlicensee or compact
	1155	+	privilege holder under this article, or to be engaged in
	1156	+	conduct detrimental to the best interest of the public, or to
	1157	+	be in violation of any other provision of this article by
	1158	+	virtue of any of the above relationships, and shall not be
	1159	+	subject to licensure or compact privilege denial, suspension,
	1160	+	revocation, or any other disciplinary action or penalty under
	1161	+	this article: (1) by virtue of such employment or contract, or
	1162	+	(2) by virtue of the provision of physical therapy services
	1163	+	pursuant to a referral from the employing or contracting
1152	1164		physician, or from a physician with a legal compensation
1153	1165		arrangement with or a legal financial interest in the
1154	1166		employing or contracting physician group."
1155	1167		Section 2. This act shall become effective on the first
1156	1168		day of the third month following its passage and approval by
1157	1169		the Governor, or its otherwise becoming law.
1158	1170		561
1159	1171		562
1160	1172		563
1161	1173		564
1162	1174		565
1163		-	566 HB110 EnrolledHB110 Enrolled
1164		-	Page 22
1165		-	________________________________________________
1166		-	Speaker of the House of Representatives
1167		-	________________________________________________
1168		-	President and Presiding Officer of the Senate
1169		-	House of Representatives
1170		-	I hereby certify that the within Act originated in and
1171		-	was passed by the House 27-Apr-23.
1172		-	John Treadwell
1173		-	Clerk
1174		-	Senate 31-May-23 Passed
	1175	+	566
1175	1176		567
1176	1177		568
1177	1178		569
1178	1179		570
1179	1180		571
1180	1181		572
1181	1182		573
1182	1183		574
1183	1184		575
1184	1185		576
1185	1186		577
1186	1187		578
1187	1188		579
1188	1189		580
1189	1190		581
1190	1191		582
1191	1192		583
1192		-	584
1193		-	585
1194		-	586
1195		-	587
1196		-	588
1197		-	589
1198		-	590
1199		-	591
1200		-	592