Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3049 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to health occupations; modifying provisions governing the practice or
3	3	1.3 provision of physical therapy; providing criminal penalties; amending Minnesota
4	4	1.4 Statutes 2024, sections 148.65, subdivisions 1, 5, 6; 148.706, subdivisions 1, 2, 3;
5	5	1.5 148.75; 148.76; repealing Minnesota Statutes 2024, sections 148.65, subdivision
6	6	1.6 9; 148.77.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 148.65, subdivision 1, is amended to read:
9	9	1.9 Subdivision 1.Physical therapy.As used in sections 148.65 to 148.78 the term "physical
10	10	1.10therapy" means the evaluation or treatment or both of any person by the employment of
11	11	1.11physical measures and the use of therapeutic exercises and rehabilitative procedures, with
12	12	1.12or without assistive devices, for the purpose of preventing, correcting, or alleviating a
13	13	1.13physical or mental disability. Physical measures shall include but shall not be limited to
14	14	1.14heat or cold, air, light, water, electricity and sound. Physical therapy includes evaluation,
15	15	1.15diagnosis other than medical diagnosis, treatment planning, treatment, documentation,
16	16	1.16performance of appropriate tests and measurement, interpretation of orders or referrals,
17	17	1.17instruction, consultative services, and supervision of supportive personnel, and prevention,
18	18	1.18wellness, fitness, health promotion, and education in populations of all ages. "Physical
19	19	1.19therapy" does not include the practice of medicine as defined in section 147.081, or the
20	20	1.20practice of chiropractic as defined in section 148.01.
21	21	1.21 Sec. 2. Minnesota Statutes 2024, section 148.65, subdivision 5, is amended to read:
22	22	1.22 Subd. 5.Student physical therapist."Student physical therapist" means a person in a
23	23	1.23professional educational program, approved by the board under section 148.705, who is
24	24	1Sec. 2.
25	25	25-04772 as introduced03/17/25 REVISOR AGW/ES
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 3049NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: BOLDON)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading03/27/2025
32	32	Referred to Health and Human Services 2.1satisfying supervised clinical education requirements by performing physical therapy under
33	33	2.2the on-site supervision of a licensed physical therapist. "On-site supervision" means the
34	34	2.3physical therapist is easily available for instruction to the student physical therapist. The
35	35	2.4physical therapist shall have direct contact with the patient during at least every second
36	36	2.5treatment session by the student physical therapist. Telecommunications, except within the
37	37	2.6facility, does not meet the requirement of on-site supervision.
38	38	2.7 Sec. 3. Minnesota Statutes 2024, section 148.65, subdivision 6, is amended to read:
39	39	2.8 Subd. 6.Student physical therapist assistant."Student physical therapist assistant"
40	40	2.9means a person in a physical therapist assistant educational program accredited by the
41	41	2.10Commission on Accreditation in Physical Therapy Education (CAPTE) or a recognized
42	42	2.11comparable national accrediting agency approved by the board. The student physical therapist
43	43	2.12assistant, under the direct on-site supervision of the physical therapist, or the direct on-site
44	44	2.13supervision of the physical therapist and physical therapist assistant team, performs physical
45	45	2.14therapy interventions and assists with coordination, communication, documentation, and
46	46	2.15patient-client-related instruction. "Direct "On-site supervision" means the physical therapist
47	47	2.16or physical therapist assistant is physically present and immediately easily available to
48	48	2.17provide instruction to the student physical therapist assistant. Telecommunications, except
49	49	2.18within the facility, does not meet the requirement of on-site supervision.
50	50	2.19 Sec. 4. Minnesota Statutes 2024, section 148.706, subdivision 1, is amended to read:
51	51	2.20 Subdivision 1.Supervision.(a) Every physical therapist who uses the services of a
52	52	2.21physical therapist assistant or physical therapy aide for the purpose of assisting in the practice
53	53	2.22of physical therapy is responsible for functions performed by the assistant or aide while
54	54	2.23engaged in such assistance. The physical therapist shall delegate direct duties to the physical
55	55	2.24therapist assistant and assign tasks to the physical therapy aide in accordance with subdivision
56	56	2.252. Physical therapists who instruct student physical therapists and student physical therapist
57	57	2.26assistants are responsible for the functions performed by the students and shall supervise
58	58	2.27the students as provided under section 148.65, subdivisions 5 and 6. A licensed physical
59	59	2.28therapist may supervise no more than two physical therapist assistants at any time.
60	60	2.29 (b) A licensed physical therapist may supervise no more than two physical therapist
61	61	2.30assistants at any time. A physical therapist supervising physical therapist assistants is not
62	62	2.31required to be on site, but must be easily available by telecommunications.
63	63	2.32 (c) Physical therapists who instruct student physical therapists and student physical
64	64	2.33therapist assistants are responsible for the functions performed by the students and shall
65	65	2Sec. 4.
66	66	25-04772 as introduced03/17/25 REVISOR AGW/ES 3.1supervise the students as provided under section 148.65, subdivisions 5 and 6. A physical
67	67	3.2therapist supervising a student physical therapist must have direct contact with the patient
68	68	3.3during at least every second treatment session by the student physical therapist. A physical
69	69	3.4therapist or physical therapist assistant supervising a student physical therapist assistant
70	70	3.5must have direct contact with the patient during at least every second treatment session by
71	71	3.6the student physical therapist assistant.
72	72	3.7 Sec. 5. Minnesota Statutes 2024, section 148.706, subdivision 2, is amended to read:
73	73	3.8 Subd. 2.Delegation Direction of duties.The physical therapist may delegate is
74	74	3.9authorized to direct patient treatment procedures only to a physical therapist assistant who
75	75	3.10has sufficient didactic and clinical preparation. The physical therapist may not delegate
76	76	3.11direct the following activities to the a physical therapist assistant or to other supportive
77	77	3.12personnel: initial patient examination and evaluation, treatment planning, initial treatment,
78	78	3.13change of treatment, development and modification of the plan of care, and initial or final
79	79	3.14documentation.
80	80	3.15 Sec. 6. Minnesota Statutes 2024, section 148.706, subdivision 3, is amended to read:
81	81	3.16 Subd. 3.Observation of Collaboration with physical therapist assistants.When a
82	82	3.17physical therapist directs components of a patient's treatment are delegated to a physical
83	83	3.18therapist assistant, a physical therapist must provide on-site observation of the treatment
84	84	3.19and documentation of its appropriateness at least every six treatment sessions. The physical
85	85	3.20therapist is not required to be on site, but must be easily available by telecommunications.:
86	86	3.21 (1) have a real-time collaborative treatment session that takes place in person or remotely
87	87	3.22via telehealth with the physical therapist assistant; and
88	88	3.23 (2) document the continued appropriateness of the plan of care at least every six treatment
89	89	3.24sessions.
90	90	3.25 Sec. 7. Minnesota Statutes 2024, section 148.75, is amended to read:
91	91	3.26 148.75 DISCIPLINARY ACTION.
92	92	3.27 (a) The board may impose disciplinary action specified in paragraph (b) against an
93	93	3.28applicant or licensee whom the board, by a preponderance of the evidence, determines:
94	94	3.29 (1) has violated a statute, rule, order, or agreement for corrective action that the board
95	95	3.30issued or is otherwise authorized or empowered to enforce;
96	96	3Sec. 7.
97	97	25-04772 as introduced03/17/25 REVISOR AGW/ES 4.1 (2) is unable to practice physical therapy with reasonable skill and safety by reason of
98	98	4.2any mental or physical illness or condition, including deterioration through the aging process
99	99	4.3or loss of motor skills, or use of alcohol, drugs, narcotics, chemicals, or any other type of
100	100	4.4material;
101	101	4.5 (3) has been convicted of or has pled guilty or nolo contendere to a felony or other crime,
102	102	4.6an element of which is dishonesty or fraud, or has been shown to have engaged in acts or
103	103	4.7practices tending to show that the applicant or licensee is incompetent or has engaged in
104	104	4.8conduct reflecting adversely on the applicant's or licensee's ability or fitness to engage in
105	105	4.9the practice of physical therapy;
106	106	4.10 (4) has been convicted of violating any state or federal narcotic law;
107	107	4.11 (5) has obtained or attempted to obtain a license or approval of continuing education
108	108	4.12activities, or passed an examination, by fraud or deception;
109	109	4.13 (6) has engaged in unprofessional conduct or any other conduct which has the potential
110	110	4.14for causing harm to the public, including any departure from or failure to conform to the
111	111	4.15minimum standards of acceptable and prevailing practice without actual injury having to
112	112	4.16be established;
113	113	4.17 (7) has engaged in gross negligence in the practice of physical therapy as a physical
114	114	4.18therapist or in providing physical therapy as a physical therapist assistant;
115	115	4.19 (8) has treated human ailments by physical therapy after an initial 90-day period of
116	116	4.20patient admittance to treatment has lapsed, except by the order or referral of a person licensed
117	117	4.21in this state in the practice of medicine as defined in section 147.081, the practice of
118	118	4.22chiropractic as defined in section 148.01, the practice of podiatry as defined in section
119	119	4.23153.01, or the practice of dentistry as defined in section 150A.05, or the practice of advance
120	120	4.24practice nursing as defined in section 148.171, subdivision 3, when orders or referrals are
121	121	4.25made in and whose license is in collaboration with a physician, chiropractor, podiatrist, or
122	122	4.26dentist, and whose license is in good standing; or when a previous diagnosis exists indicating
123	123	4.27an ongoing condition warranting physical therapy treatment, subject to periodic review
124	124	4.28defined by board of physical therapy rule. The 90-day limitation of treatment by a physical
125	125	4.29therapist without an order or referral does not apply to prevention, wellness, education, or
126	126	4.30exercise;
127	127	4.31 (9) for a physical therapist licensed less than one year, has treated human ailments,
128	128	4.32without referral, by physical therapy treatment without first having practiced one year in
129	129	4.33collaboration with a physical therapist with more than one year of experience or under a
130	130	4.34physician's orders or referrals as verified by the board's records;
131	131	4Sec. 7.
132	132	25-04772 as introduced03/17/25 REVISOR AGW/ES 5.1 (10) has failed to consult with the patient's licensed health care provider, or licensed
133	133	5.2health care professional, who prescribed the physical therapy treatment if the treatment is
134	134	5.3altered by the physical therapist from the original written order. The provision does not
135	135	5.4include written orders to "evaluate and treat";
136	136	5.5 (11) (8) has inappropriately delegated directed components of a patient's treatment to a
137	137	5.6physical therapist assistant or inappropriately assigned tasks to an aide, or inadequately
138	138	5.7supervised a student physical therapist, physical therapist assistant, student physical therapist
139	139	5.8assistant, or a physical therapy aide;
140	140	5.9 (12) (9) has practiced as a physical therapist performing medical diagnosis, the practice
141	141	5.10of medicine as defined in section 147.081, or the practice of chiropractic as defined in
142	142	5.11section 148.01;
143	143	5.12 (13) (10) has failed to comply with a reasonable request to obtain appropriate clearance
144	144	5.13for mental or physical conditions that would interfere with the ability to practice physical
145	145	5.14therapy, and that may be potentially harmful to patients;
146	146	5.15 (14) (11) has divided fees with, or paying or promising to pay a commission or part of
147	147	5.16the fee to, any person who contacts the physical therapist for consultation or sends patients
148	148	5.17to the physical therapist for treatment;
149	149	5.18 (15) (12) has engaged in an incentive payment arrangement, other than that prohibited
150	150	5.19by clause (14) (11), that tends to promote physical therapy overuse, that allows the referring
151	151	5.20person or person who controls the availability of physical therapy services to a client to
152	152	5.21profit unreasonably as a result of patient treatment;
153	153	5.22 (16) has failed to refer to a licensed health care professional a patient whose medical
154	154	5.23condition has been determined by the physical therapist to be beyond the scope of practice
155	155	5.24of a physical therapist;
156	156	5.25 (17) (13) has failed to report to the board other licensees who violate this section;
157	157	5.26 (18) (14) has engaged in the practice of physical therapy under lapsed or nonrenewed
158	158	5.27credentials;
159	159	5.28 (19) (15) has had a license, certificate, charter, registration, privilege to take an
160	160	5.29examination, or other similar authority denied, revoked, suspended, canceled, limited,
161	161	5.30reprimanded, or otherwise disciplined, or not renewed for cause in any jurisdiction; or has
162	162	5.31surrendered or voluntarily terminated a license or certificate during a board investigation
163	163	5.32of a complaint, as part of a disciplinary order, or while under a disciplinary order;
164	164	5Sec. 7.
165	165	25-04772 as introduced03/17/25 REVISOR AGW/ES 6.1 (20) (16) has been subject to a corrective action or similar action in another jurisdiction
166	166	6.2or by another regulatory authority; or
167	167	6.3 (21) (17) has failed to cooperate with an investigation of the board, including responding
168	168	6.4fully and promptly to any question raised by or on behalf of the board relating to the subject
169	169	6.5of the investigation, executing all releases requested by the board, providing copies of patient
170	170	6.6records, as reasonably requested by the board to assist it in its investigation, and appearing
171	171	6.7at conferences or hearings scheduled by the board or its staff.
172	172	6.8 (b) If grounds for disciplinary action exist under paragraph (a), the board may take one
173	173	6.9or more of the following actions:
174	174	6.10 (1) deny the application for licensure;
175	175	6.11 (2) deny the renewal of the license;
176	176	6.12 (3) revoke the license;
177	177	6.13 (4) suspend the license;
178	178	6.14 (5) impose limitations or conditions on the licensee's practice of physical therapy,
179	179	6.15including the: (i) limitation of scope of practice to designated field specialties; (ii) imposition
180	180	6.16of retraining or rehabilitation requirements; (iii) requirement of practice under supervision;
181	181	6.17or (iv) conditioning of continued practice on demonstration of knowledge or skills by
182	182	6.18appropriate examination, monitoring, or other review of skill and competence;
183	183	6.19 (6) impose a civil penalty not to exceed $10,000 for each separate violation, the amount
184	184	6.20of the civil penalty to be fixed so as to deprive the physical therapist of any economic
185	185	6.21advantage gained by reason of the violation charged, to discourage similar violations, or to
186	186	6.22reimburse the board for the cost of the investigation and proceeding including, but not
187	187	6.23limited to, fees paid for services provided by the Office of Administrative Hearings, legal
188	188	6.24and investigative services provided by the Office of the Attorney General, court reporters,
189	189	6.25witnesses, reproduction of records, board members' per diem compensation, board staff
190	190	6.26time, and travel costs and expenses incurred by board staff and board members;
191	191	6.27 (7) order the licensee to provide unremunerated service;
192	192	6.28 (8) censure or reprimand the licensee; or
193	193	6.29 (9) any other action as allowed by law and justified by the facts of the case.
194	194	6.30 (c) A license to practice as a physical therapist or physical therapist assistant is
195	195	6.31automatically suspended if (1) a guardian of the licensee is appointed by order of a court
196	196	6.32pursuant to sections 524.5-101 to 524.5-502, for reasons other than the minority of the
197	197	6Sec. 7.
198	198	25-04772 as introduced03/17/25 REVISOR AGW/ES 7.1licensee; or (2) the licensee is committed by order of a court pursuant to chapter 253B. The
199	199	7.2license remains suspended until the licensee is restored to capacity by a court and, upon
200	200	7.3petition by the licensee, the suspension is terminated by the Board of Physical Therapy after
201	201	7.4a hearing.
202	202	7.5 Sec. 8. Minnesota Statutes 2024, section 148.76, is amended to read:
203	203	7.6 148.76 PROHIBITED CONDUCT.
204	204	7.7 Subdivision 1.Licensure required.(a) No person shall:
205	205	7.8 (1) provide physical therapy unless the person is licensed as a physical therapist or
206	206	7.9physical therapist assistant under sections 148.65 to 148.78;
207	207	7.10 (2) use the title of physical therapist without a license as a physical therapist or use the
208	208	7.11title physical therapist assistant without a license as a physical therapist assistant issued
209	209	7.12under sections 148.65 to 148.78;
210	210	7.13 (3) (2) use the title of physical therapist, in any manner hold out as a physical therapist
211	211	7.14or as a provider of physical therapy, or use in connection with the person's name the words
212	212	7.15or letters Physical Therapist, Doctor of Physical Therapy, Physiotherapist, Physical Therapy
213	213	7.16Technician, Registered Physical Therapist, Licensed Physical Therapist, PT, DPT, PTT,
214	214	7.17RPT, LPT, or any letters, words, abbreviations or insignia indicating or implying that the
215	215	7.18person is a physical therapist, without a license being licensed as a physical therapist issued
216	216	7.19under sections 148.65 to 148.78. To do so is a gross misdemeanor;
217	217	7.20 (4) (3) use the title of physical therapist assistant, in any manner hold out as a physical
218	218	7.21therapist assistant, or use in connection with the person's name the words or letters Physical
219	219	7.22Therapist Assistant, P.T.A., or any letters, words, abbreviations, or insignia indicating or
220	220	7.23implying that the person is a physical therapist assistant, without a license being licensed
221	221	7.24as a physical therapist assistant under sections 148.65 to 148.78. To do so is a gross
222	222	7.25misdemeanor; or
223	223	7.26 (5) (4) employ fraud or deception in applying for or securing a license as a physical
224	224	7.27therapist or physical therapist assistant.
225	225	7.28 (b) No person, business entity, or employee, agent, or representative of a business entity
226	226	7.29shall use, in connection with that person's name or with the activity of the business, the
227	227	7.30words physical therapy or physiotherapy or any other words, abbreviations, or insignia
228	228	7.31indicating or implying, directly or indirectly, that physical therapy is provided or supplied,
229	229	7.32unless the services are provided by or under the direction and supervision of a person licensed
230	230	7.33as a physical therapist under sections 148.65 to 148.78. No person or business entity shall
231	231	7Sec. 8.
232	232	25-04772 as introduced03/17/25 REVISOR AGW/ES 8.1advertise or otherwise promote another person as being a physical therapist or physiotherapist
233	233	8.2unless the person who is advertised or promoted is licensed as a physical therapist under
234	234	8.3sections 148.65 to 148.78. A person or business entity that offers, provides, or bills any
235	235	8.4other person for services must not characterize the services as physical therapy or
236	236	8.5physiotherapy unless the services are provided by or under the direction and supervision of
237	237	8.6a person licensed as a physical therapist under sections 148.65 to 148.78.
238	238	8.7 (c) Nothing in sections 148.65 to 148.78 prohibits a person licensed or registered in this
239	239	8.8state under another law from carrying out the therapy or practice for which the person is
240	240	8.9duly licensed or registered.
241	241	8.10 Subd. 2.Prohibitions Prohibition.(a) No physical therapist may:
242	242	8.11 (1) treat human ailments by physical therapy after an initial 90-day period of patient
243	243	8.12admittance to treatment has lapsed, except by the order or referral of a person licensed in
244	244	8.13this state to practice medicine as defined in section 147.081, the practice of chiropractic as
245	245	8.14defined in section 148.01, the practice of podiatry as defined in section 153.01, the practice
246	246	8.15of dentistry as defined in section 150A.05, or the practice of advanced practice nursing as
247	247	8.16defined in section 62A.15, subdivision 3a, when orders or referrals are made in collaboration
248	248	8.17with a physician, chiropractor, podiatrist, or dentist, and whose license is in good standing;
249	249	8.18or when a previous diagnosis exists indicating an ongoing condition warranting physical
250	250	8.19therapy treatment, subject to periodic review defined by Board of Physical Therapy rule.
251	251	8.20The 90-day limitation of treatment by a physical therapist without an order or referral does
252	252	8.21not apply to prevention, wellness, education, or exercise;
253	253	8.22 (2) use any chiropractic manipulative technique whose end is the chiropractic adjustment
254	254	8.23of an abnormal articulation of the body; and
255	255	8.24 (3) No physical therapist may treat human ailments other than by physical therapy unless
256	256	8.25duly licensed or registered to do so under the laws of this state.
257	257	8.26 (b) No physical therapist licensed less than one year may treat human ailments, without
258	258	8.27referral, by physical therapy treatment without first having practiced one year in collaboration
259	259	8.28with a physical therapist with more than one year of experience or under a physician's orders
260	260	8.29or referrals as verified by the board's records.
261	261	8.30 Subd. 3.Violations.(a) A person or business entity that violates this section is guilty
262	262	8.31of a gross misdemeanor.
263	263	8.32 (b) The board may impose a civil penalty, not to exceed $10,000 for each separate
264	264	8.33violation, against any person or business entity that violates subdivision 1. In addition, the
265	265	8Sec. 8.
266	266	25-04772 as introduced03/17/25 REVISOR AGW/ES 9.1board may seek an injunction against conduct that violates subdivision 1 in any court of
267	267	9.2competent jurisdiction. For purposes of this paragraph, in seeking an injunction, the board
268	268	9.3need only show that the defendant violated subdivision 1 to establish irreparable injury or
269	269	9.4a likelihood of a continuation of the violation.
270	270	9.5 Sec. 9. REPEALER.
271	271	9.6 Minnesota Statutes 2024, sections 148.65, subdivision 9; and 148.77, are repealed.
272	272	9Sec. 9.
273	273	25-04772 as introduced03/17/25 REVISOR AGW/ES 148.65 DEFINITIONS.
274	274	Subd. 9.Licensed health care professional or licensed health care provider."Licensed health
275	275	care professional" or "licensed health care provider" means a person licensed in good standing in
276	276	Minnesota to practice medicine, osteopathic medicine, chiropractic, podiatry, dentistry, or advanced
277	277	practice nursing.
278	278	148.77 VIOLATIONS.
279	279	Any person violating the provisions of section 148.76 is guilty of a gross misdemeanor.
280	280	1R
281	281	APPENDIX
282	282	Repealed Minnesota Statutes: 25-04772