HLS 24RS-1577 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 897
BY REPRESENTATIVE BAGLEY
PHYSICAL THERAPISTS: Provides relative to physical therapists
1 AN ACT
2To amend and reenact R.S. 37:2403(B)(3) and (5), 2405(B)(11), 2407(A)(2), (3), and (5) and
3 (C), 2409(5), 2411(4), 2412, 2413(B), 2416(1) and (2), 2418, 2419(B), (C), and (D),
4 and 2422(A), to enact R.S. 2405(16) and (17), 37:2407(6), and 2421(C), and to
5 repeal R.S. 37:2407(A)(1), 2409(1), 2411(1), and 2416(3), relative to the practice of
6 physical therapy; to provide for membership, responsibilities, and duties of the
7 Louisiana Physical Therapy Board; to provide for education requirements of physical
8 therapists and physical therapist assistants; to provide for definitions; to provide for
9 practice of physical therapy during an emergency; to provide for the practice of
10 physical therapy; to provide for the qualifications of physical therapists and physical
11 therapist assistants; to repeal age requirements for physical therapists and physical
12 therapist assistants; to provide for the supervision of physical therapist assistants; to
13 establish fines for violations; to provide with regard to cease and desist orders; and
14 to provide for related matters.
15Be it enacted by the Legislature of Louisiana:
16 Section 1. R.S. 37:2403(B)(3) and (5), 2405(B)(11), 2407(A)(2), (3), and (5) and
17(C), 2409(5), 2411(4), 2412, 2413(B), 2416(1) and (2), 2418, 2419(B), (C), and (D), and
182422(A) are hereby amended and reenacted and R.S. 2405(16) and (17), 37:2407(6), and
192421(C) are enacted to read as follows:
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1 §2403. Physical therapy board; composition
2 * * *
3 B. The board shall consist of eight members who shall be appointed by the
4 governor as follows:
5 * * *
6 (3) Two members shall be physical therapists who possess an unrestricted
7 license to practice physical therapy and have been practicing in the state for no less
8 than three years and shall be appointed from a list of names submitted by the
9 Louisiana Physical Therapy Association American Physical Therapy Association
10 Louisiana.
11 * * *
12 (5) One member shall be a physician physical therapist who possesses an
13 unrestricted license to practice medicine in the state and who specializes in the
14 practice of orthopedic surgery or the practice of physiatry physical therapy in the
15 state for no less than three years and shall be appointed from a list of names
16 submitted by the Louisiana State Medical Society.
17 * * *
18 §2405. Powers and duties of the board; limitation
19 * * *
20 B. The board may:
21 * * *
22 (11) Require that all costs of board proceedings relating to for a hearing
23 related to the issuance or denial of application for licensure or a specific disciplinary
24 case, including the members' per diem and expenses, the cost of investigators,
25 stenographers, attorney fees, and other reasonably associated costs be reimbursed to
26 the board as a part of a consent order or board decision in that proceeding.
27 * * *
28 (16) Purchase, lease, maintain, or otherwise contract with respect to
29 immovable property and improvements thereon as it may deem necessary or
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1 appropriate to accomplish the provisions of this Chapter. The board may borrow
2 funds with the approval of the State Bond Commission and expend funds of the
3 board for the acquisition of immovable property and improvements thereon. In the
4 event that the board sells immovable property and improvements thereon, the
5 revenue derived from the sale shall be retained by the board and shall not be subject
6 to reversion to the state general fund.
7 (17) Issue administrative fines to licensees for violations of this Chapter or
8 rules promulgated by the board.
9 * * *
10 §2407. Practice of physical therapy defined
11 A. When used in this Chapter, the following words and phrases shall have
12 the following meaning, unless the context clearly indicates otherwise:
13 * * *
14 (2) "Physical therapist" includes equally physiotherapist, physical therapist,
15 and P.T. and is a person who is a graduate of an accredited school of physical
16 therapy, which school, at the time of graduation was approved by the Commission
17 on Accreditation in Physical Therapy Education or therapy approved by the board
18 and who practices physical therapy as defined in this Chapter.
19 (3) "Physical therapist assistant" includes equally physical therapist assistant,
20 physiotherapist assistant, and P.T.A., and is a person who is a graduate of an
21 accredited school of physical therapist assisting, which school, at the time of
22 graduation, was approved by the Commission on Accreditation in Physical Therapy
23 Education or assisting approved by the board. A physical therapist assistant assists
24 in the practice of physical therapy in accordance with the provisions of this Chapter,
25 and works under the supervision of a physical therapist by performing such
26 patient-related activities assigned by a physical therapist which are commensurate
27 with the physical therapist assistant's education, training, and experience.
28 * * *
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1 (5) "Practice of physical therapy" is the health care profession practiced by
2 a physical therapist licensed under this Chapter and means the holding out of one's
3 self to the public as a physical therapist and as being engaged in the business of, or
4 the actual engagement in, the evaluation and treatment of any physical or medical
5 condition using physical or mechanical means, digital health, or devices for
6 preventative, therapeutic, or evaluative purposes. This also includes physical therapy
7 evaluation, treatment planning, instruction, consultative services, and the supervision
8 of physical therapy supportive personnel and referring a patient to healthcare
9 providers and facilities for services and testing to inform the physical therapist's plan
10 of care. The practice of physical therapy is intended to restore optimal function of
11 movement and cardiovascular, pulmonary, neurological, musculoskeletal,
12 integumentary, lymphatic, and metabolic systems. The practice of physical therapy
13 also includes alleviating pain, alleviating and reducing the risk of functional
14 impairments, movement limitations, disease, and disabilities, and promoting
15 optimum health and longevity. to restore normal function of the neuromuscular and
16 skeletal system, to relieve pain, or to prevent disability by use of physical or
17 mechanical means, including therapeutic exercise, mobilization, passive
18 manipulation, therapeutic modalities, and activities or devices for preventative,
19 therapeutic, or medical purposes, and further shall include physical therapy
20 evaluation, treatment planning, instruction, consultative services, and the supervision
21 of physical therapy supportive personnel, including physical therapist assistants.
22 (6) "Physical therapy evaluation" means the physical therapy assessment and
23 resulting interpretation of a patient's condition through use of a patient's history,
24 signs, symptoms, objective tests, or measurements to determine
25 neuromusculoskeletal and biomechanical dysfunctions, physiological and
26 developmental impairments, functional limitations, and disabilities or other health
27 and movement related conditions to determine a diagnosis for physical therapy,
28 prognosis, and a plan of intervention and to assess the ongoing effects of intervention
29 and the need for physical therapy. The conclusions of the physical therapy
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1 evaluation may be reported to the patient and may be used to establish treatment
2 goals. In the case a referral is given by a provider, the results of the physical therapy
3 evaluation or physical therapy consultation shall be reported to the referring provider
4 upon request, unless prohibited by the patient.
5 * * *
6 C. In seeking and receiving reimbursement for services, an initial physical
7 therapy evaluation as defined in this Chapter shall be considered a physical therapy
8 diagnosis and shall not constitute the practice of medicine. A physical therapy
9 evaluation shall not constitute the practice of medicine.
10 * * *
11 §2409. Qualifications for license; physical therapists
12 To qualify for a license as a physical therapist, an applicant shall:
13 * * *
14 (5) Have graduated from a school of physical therapy, which school, at the
15 time of such graduation, was approved by the Commission on Accreditation in
16 Physical Therapy Education or the board.
17 * * *
18 §2411. Qualifications for license; physical therapist assistant
19 To be qualified for a license as a physical therapist assistant, an applicant
20 shall:
21 * * *
22 (4) Have graduated from an accredited school of physical therapist assisting,
23 which school, at the time of such graduation, was approved by the Commission on
24 Accreditation in Physical Therapy Education or the board. However, the board shall
25 not require an applicant to have completed a course of training in excess of that
26 required for an associate degree.
27 * * *
28 §2412. License reciprocity endorsement
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1 In its discretion, the board may waive examination, and may license an
2 applicant who is licensed and in good standing under the laws of another state,
3 territory, or district, if the requirements for licensing of physical therapists or
4 physical therapist assistants were, at the date of licensing therein, are substantially
5 equal to the requirements then or subsequently in force in Louisiana this state, and
6 if the state, territory, or district from whence the applicant comes accords a similar
7 licensing privilege without examination to licensees under this Chapter.
8 §2413. Application for license
9 * * *
10 B. In order to determine an applicant's suitability for licensing, the board
11 may require applicants for initial licensure to furnish a full set of fingerprints to
12 facilitate a criminal background investigation. The board shall submit it to the
13 Federal Bureau of Investigation for a national criminal history background check.
14 The Louisiana State Police shall report the result of the criminal history background
15 check to the board which may use that information to determine the applicant's moral
16 character and suitability for licensing.
17 * * *
18 §2416. Emergency exemptions
19 No license is required by this Chapter under the following circumstances:
20 (1) A physical therapist or physical therapist assistant who is licensed in a
21 jurisdiction of the United States and who enters this state to provide physical therapy
22 during a declared local, state, or national disaster or emergency. This exemption
23 applies for no longer than sixty ninety days following the declaration of the
24 emergency. In order to be eligible for this exemption the physical therapist shall
25 notify the board of his intent to practice within the state.
26 (2) A physical therapist or physical therapist assistant licensed in a
27 jurisdiction of the United States who is forced to leave his residence or place of
28 employment due to a declared local, state, or national disaster or emergency and as
29 a result of such displacement seeks to practice physical therapy. This exemption
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1 applies for no more than sixty ninety days following the declaration of the
2 emergency. In order to be eligible for this exemption the physical therapist shall
3 notify the board of his intent to practice within the state.
4 * * *
5 §2418. Authority to practice as a physical therapist or physical therapist assistant
6 A. A physical therapist or physical therapist assistant licensed in Louisiana
7 is authorized to this state may practice physical therapy as defined in this Chapter.
8 A physical therapist is responsible for managing all aspects of the physical therapy
9 care of each patient.
10 B. A physical therapist may initiate and deliver physical therapy services
11 without a prescription or referral from another healthcare practitioner. (1) Without
12 prescription or referral, a physical therapist may perform an initial evaluation or
13 consultation of a screening nature to determine the need for physical therapy and
14 may perform physical therapy or other services provided in Subsection C of this
15 Section.
16 (2)(a) For the treatment of a condition within the scope of physical therapy,
17 other than under the circumstances provided for in Subsection C of this Section, a
18 physical therapist may implement physical therapy treatment with or without a
19 prescription or referral of a person licensed to practice medicine, surgery, dentistry,
20 podiatry, or chiropractic if the physical therapist meets one of the following criteria:
21 (i) The physical therapist has a doctorate degree in physical therapy from an
22 accredited institution.
23 (ii) The physical therapist has five years of licensed clinical practice
24 experience.
25 (b) If, after thirty calendar days of implementing physical therapy treatment
26 pursuant to this Paragraph, the patient has not made measurable or functional
27 improvement, the physical therapist shall refer the patient to an appropriate
28 healthcare provider. The board shall take appropriate disciplinary action against any
29 physical therapist who fails to refer a patient pursuant to this Paragraph.
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1 (3) C. No physical therapist shall render a medical diagnosis of a disease.
2 (4)(a) The provisions of this Section shall not be construed to have any effect
3 on the provisions of R.S. 23:1121 or 1203.1.
4 (b) The provisions of this Section shall not be construed to have any effect
5 on the monetary limit provided for in R.S. 23:1142.
6 C. D. Physical therapy services may be performed without a prescription or
7 referral under any of the following circumstances: shall not be construed to mandate
8 coverage for physical therapy services under any healthcare plan, insurance policy,
9 or workers' compensation plan or circumvent any requirement for preauthorization
10 of services in accordance with any healthcare plan, insurance policy, or workers'
11 compensation plan.
12 (1) To a child with a diagnosed developmental disability pursuant to the
13 child's plan of care.
14 (2) To a patient of a home health care agency pursuant to the patient's plan
15 of care.
16 (3) To a patient in a nursing home pursuant to the patient's plan of care.
17 (4) Related to conditioning or to providing education or activities in a
18 wellness setting for the purpose of injury prevention, reduction of stress, or
19 promotion of fitness.
20 (5) To an individual for a previously diagnosed condition or conditions for
21 which physical therapy services are appropriate after informing the health care
22 provider rendering the diagnosis. The diagnosis shall have been made within the
23 previous ninety days. The physical therapist shall provide the health care provider
24 who rendered such diagnosis with a plan of care for physical therapy services within
25 the first fifteen days of physical therapy intervention.
26 D. Nothing in this Chapter shall be construed to create liability of any kind
27 for the health care provider rendering the diagnosis pursuant to Paragraph (C)(5) of
28 this Section for a condition, illness, or injury that manifested itself after such
29 diagnosis or for any alleged damages as a result of physical therapy services
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1 performed without a prescription or referral from a person licensed to practice
2 medicine, surgery, dentistry, podiatry, or chiropractic.
3 E. Physical therapy services performed without a prescription or referral
4 from a person licensed to practice medicine, surgery, dentistry, podiatry, or
5 chiropractic shall not be construed to mandate coverage for physical therapy services
6 under any health care plan, insurance policy, or workers' compensation plan or
7 circumvent any requirement for preauthorization of services in accordance with any
8 health care plan, insurance policy, or workers' compensation plan.
9 F.(1) E. A person licensed under pursuant to this Chapter as a physical
10 therapist assistant shall perform treatments only under the direction and supervision
11 of a licensed physical therapist. The duties assigned to the physical therapist
12 assistant shall be commensurate with the physical therapist assistant's education,
13 training, and experience. It is the responsibility of each physical therapist to
14 determine the number of supportive personnel he can supervise safely.
15 (2) Notwithstanding any provision of law or rule to the contrary, the
16 supervision requirements of a physical therapist assistant shall only be the following:
17 (a) It is the responsibility of each physical therapist to determine the number
18 of physical therapist assistants he can supervise safely; however, in no case shall the
19 number of individuals supervised by a physical therapist exceed five individuals, nor
20 exceed the following limitations as to supervised personnel:
21 (i) No more than four physical therapist assistants or technicians or any
22 combination thereof.
23 (ii) No more than two provisional licensees.
24 (iii) No more than five students.
25 (b) A supervising physical therapist is responsible for and shall participate
26 in the patient's care.
27 (c) A supervising physical therapist shall be readily accessible by beeper or
28 telephone and available to the patient by the next scheduled treatment session upon
29 request of the patient or physical therapist assistant.
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1 (d) A physical therapist assistant's duties shall not include interpretation or
2 implementation of referrals or prescriptions, performance of evaluations, or the
3 determination or major modification of treatment programs.
4 (e) A supervising physical therapist shall hold documented conferences with
5 the physical therapist assistant regarding the patient. The physical therapist is
6 responsible for determining the frequency of the conferences consistent with
7 accepted standards of practice; however, such conferences shall occur at least every
8 sixth treatment day or every thirty days, whichever occurs first.
9 (f) A supervising physical therapist shall treat and reassess the patient at least
10 every sixth treatment day or every thirty days, whichever occurs first.
11 (g) A supervising physical therapist shall treat the patient for his final
12 treatment session when feasible and write a discharge summary.
13 (3) A physical therapist assistant shall in no way hold himself out to be a
14 physical therapist and shall make known to patients his title as a licensed physical
15 therapist assistant.
16 (4) Notwithstanding any rule or regulation to the contrary, for the purposes
17 of supervision of physical therapist assistants by a physical therapist, a nursing home
18 as defined by R.S. 40:2009.2(1) shall not be defined as a place of residence or as a
19 home health setting. Any rule or regulation to the contrary shall be null and void.
20 Supervision requirements for a physical therapist assistant performing treatments in
21 a nursing home shall be consistent regardless of whether the patient is in a skilled or
22 non-skilled nursing bed.
23 §2419. Use of titles and terms; restrictions
24 * * *
25 B. No person or business entity, its employees, agents, or representatives
26 shall use in connection with that person's name or the name or activity of the
27 business, the words "physical therapy", "physical therapist", "physiotherapy",
28 "physiotherapist", "physio" "registered physical therapist", "licensed physical
29 therapist", "doctor of physical therapy", the letters "PT", "DPT", "LPT", "RPT", the
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1 abbreviations "P.T.", "D.P.T.", "L.P.T.", "R.P.T.", or any other words, abbreviations,
2 or insignia indicating or implying directly or indirectly that physical therapy is
3 provided or supplied, unless such services are provided by or under the direction of
4 a physical therapist licensed pursuant to this Chapter.
5 C. No person or business entity shall advertise or otherwise promote another
6 product, service, or person as being a "physical therapist" or "physiotherapist" unless
7 the individual so advertised or promoted is licensed as a physical therapist under
8 pursuant to this Chapter. No product, service, person, person or business entity shall
9 offer, provide, or bill any other person for "physical therapy" or "physiotherapy"
10 unless the individual performing those services is licensed pursuant to this Chapter.
11 D. A physical therapist assistant shall use the letters "PTA" immediately
12 following his name to designate licensure under in accordance with this Chapter. A
13 physical therapist assistant shall not hold himself out to be a physical therapist and
14 shall make known to patients his title as a licensed physical therapist assistant.
15 * * *
16 §2421. Violations; penalties
17 * * *
18 C. In addition to the remedies listed in Subsection B of this Section, any
19 person or legal entity determined by the board to have committed or assisted in the
20 commission of any violation listed in Subsection A of this Section shall be fined by
21 the board not less than one hundred dollars nor more than five hundred dollars. Each
22 violation may constitute a separate offense. At the discretion of the board, the person
23 or legal entity may be subject to a fine of not less than five hundred dollars for each
24 subsequent violation.
25 §2422. Cease and desist orders; injunction; attorney fees; costs
26 A. In addition to or in lieu of the criminal penalties or administrative
27 remedies or sanctions provided in this Chapter or board rule, the board may issue an
28 order to any licensee or other person or entity engaged in any activity, conduct, or
29 practice constituting a violation of any provision of this Chapter or board rule, other
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1 than a person holding a license as a health care provider from another Louisiana
2 licensing board, directing such person or entity to forthwith cease and desist from
3 such activity, conduct, or practice. Such order shall be issued in the name of the
4 state of Louisiana, under the official seal of the board. With regard to a person
5 licensed as a health care provider by another Louisiana licensing board, notification
6 of suspected violations of this Chapter or of board rules shall be sent to the director
7 of the board which issued a license to that person for review and response to the
8 Louisiana Physical Therapy Board from that licensing board.
9 * * *
10 Section 2. R.S. 37:2407(A)(1), 2409(1), 2411(1), and 2416(3) are hereby repealed
11in their entirety.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 897 Original 2024 Regular Session Bagley
Abstract: Provides for the professional practice of physical therapy.
Present law establishes a physical therapy board (board) with eight members who are
appointed to the board by the governor.
Present law states that two of the members of the board shall be licensed physical therapists
with no less than three years of experience appointed from a list of names submitted by the
Louisiana Physical Therapy Association.
Proposed law changes the entity for nominating members from the Louisiana Physical
Therapy Association to the American Physical Therapy Association Louisiana.
Present law states that one member of the board shall be a licensed physician who
specializes in the practice of orthopedic surgery or the practice of physiatry appointed from
a list of names provided by the Louisiana Medical Society.
Proposed law changes the physician member to a licensed physical therapist with no less
than three years of experience appointed from a list of names provided by the Louisiana
Medical Society.
Present law states that the board may require that all costs of a board hearing for a specific
disciplinary matter be reimburse by the physical therapist who is the subject of the hearing
as part of the consent order or board decision that results from the hearing.
Proposed law retains present law and provides that the board may seek reimbursement for
a hearing related to the issuance or denial of application for licensure.
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Proposed law states that the board may purchase, lease, maintain, and otherwise contract
immovable property and improvements made to that immovable property. Proposed law
further adds that if the board sells the immovable property, the revenue derived from the sale
shall be retained by the board.
Proposed law provides that the board may issue administrative fines to licensees for
violation of present law.
Present law requires that a physical therapist and physical therapist assistant must have
graduated from an accredited program approved by the Commission on Accreditation in
Physical Therapy or the board.
Proposed law removes the reference to the Commission on Accreditation and requires that
a physical therapist or physical therapist assistant graduate from an accredited program
approved by the board.
Present law requires an applicant for licensure as a physical therapist to be at least 21 years
of age. Present law also requires an applicant for licensure as a physical therapist assistant
to be at least 19 years of age.
Proposed law repeals present law.
Proposed law modifies present law definitions of "practice of physical therapy" and
"physical therapy evaluation".
Present law defines "initial physical therapy evaluation".
Proposed law repeals present law.
Present law requires a physical therapist to be at least 21 years of age.
Proposed law repeals present law.
Present law requires a physical therapist assistant to be at least 19 years of age.
Proposed law repeals present law.
Present law provides that at the board's discretion, it may waive the examination required
for licensure if the applicant is licensed in another state and the requirements in that state
were, at the time of licensing, substantially similar or equal to the requirements then or
subsequently in force in Louisiana.
Proposed law removes the temporal reference and states that if the requirements of the home
state or territory license are substantially similar to those in La., then the physical therapist
licensed in another state or territory may not be required by the board to take a licensing
examination.
Present law states that a physical therapist licensed in another state who comes to La. to
practice physical therapy during a declared local, state, or national disaster or emergency
may practice physical therapy in La. for sixty days without a license.
Proposed law adds that a licensed physical therapist assistant may practice in La. if he
provides physical therapy during a declared emergency or disaster and increases the number
of days that a physical therapist and physical therapist assistant may practice without a
license from 60 days to 90 days.
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Present law states the physical therapist licensed in another state who is forced from his
home state to La. due to a declared local, state, or national disaster may practice physical
therapy in La. for 60 days without a license.
Proposed law adds that a licensed physical therapist assistant may practice in La. if forced
from his home state due to an declared emergency and increases the number of days that a
physical therapist and physical therapist assistant may practice without a license from 60
days to 90 days.
Present law states that a licensed physical therapist may perform an initial evaluation or
screening to determine the need for physical therapy and to provide certain services to
certain patients without a prescription or referral from a physician.
Proposed law removes this requirement and states that a physical therapist may practice
physical therapy without a prescription or referral from another healthcare practitioner.
Present law states that a physical therapist may treat a condition within the scope of physical
therapy with or without a prescription or referral from a physician if the physical therapist
meets all of the following requirements:
(1)The physical therapist has a doctorate degree in physical therapy from an accredited
institution.
(2)The physical therapist has five years of licensed clinical experience.
(3)The physical therapist must refer a patient to an appropriate healthcare provider if
the patient has not made a measurable or functional improvement.
The board is directed to take disciplinary action if the physical therapist fails to act in
conformity with present law.
Proposed law repeals present law and states that a physical therapist may treat a patient
without a prescription or referral from a physician.
Proposed law removes requirements and exceptions to present law that distinguish between
practicing physical therapy with or without a physician's prescription or referral.
Present law states that no physical therapist shall render a medical diagnosis of disease.
Proposed law retains present law.
Present law states that a physical therapist assistant shall only provide treatments under the
direction or supervision of a physical therapist. Present law further states that a physical
therapist has the responsibility of determining the number of physical therapist assistants he
can safely supervise.
Proposed law retains present law.
Present law limits a physical therapist to supervise a maximum four physical therapist
assistants, no more than two provisional licensees, and no more than five students.
Proposed law repeals present law.
Present law states that a supervising physical therapist shall be readily accessible by beeper
or telephone and available to the patient by the next scheduled treatment session upon
request of the patient or physical therapist assistant.
Proposed law repeals present law.
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Present law states that physical therapists assistant's duties shall not include interpretation
or implementation of referrals or prescriptions, performance of evaluations, or determination
or major modifications of treatment programs.
Proposed law repeals present law.
Present law requires a supervising physical therapist to meet with the physical therapist
assistant regularly to discuss the physical therapist assistant's treatment of patients.
Proposed law repeals present law.
Present law requires a physical therapist to provide a patient's final treatment and write a
discharge summary.
Proposed law repeals present law.
Proposed law adds additional terms and abbreviations that may only be used by licensed
physical therapists or in connection with providing physical therapy.
Proposed law adds fines that may be levied by the board against any person or legal entity
found to be in violation of present law.
Proposed law modifies the procedure for cease and desist orders issued by the board to
licensees.
(Amends R.S. 37:2403(B)(3) and (5), 2405(B)(11), 2407(A)(2), (3), and (5) and (C),
2409(5), 2411(4), 2412, 2413(B), 2416(1) and (2), 2418, 2419(B), (C), and (D), and
2422(A); Adds R.S. 2405(16) and (17), 37:2407(6), and 2421(C); Repeals R.S.
37:2407(A)(1), 2409(1), 2411(1), and 2416(3))
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