1.1 A bill for an act
1.2 relating to health occupations; modifying provisions governing the practice or
1.3 provision of physical therapy; providing criminal penalties; amending Minnesota
1.4 Statutes 2024, sections 148.65, subdivisions 1, 5, 6; 148.706, subdivisions 1, 2, 3;
1.5 148.75; 148.76; repealing Minnesota Statutes 2024, sections 148.65, subdivision
1.6 9; 148.77.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 148.65, subdivision 1, is amended to read:
1.9 Subdivision 1.Physical therapy.As used in sections 148.65 to 148.78 the term "physical
1.10therapy" means the evaluation or treatment or both of any person by the employment of
1.11physical measures and the use of therapeutic exercises and rehabilitative procedures, with
1.12or without assistive devices, for the purpose of preventing, correcting, or alleviating a
1.13physical or mental disability. Physical measures shall include but shall not be limited to
1.14heat or cold, air, light, water, electricity and sound. Physical therapy includes evaluation,
1.15diagnosis other than medical diagnosis, treatment planning, treatment, documentation,
1.16performance of appropriate tests and measurement, interpretation of orders or referrals,
1.17instruction, consultative services, and supervision of supportive personnel, and prevention,
1.18wellness, fitness, health promotion, and education in populations of all ages. "Physical
1.19therapy" does not include the practice of medicine as defined in section 147.081, or the
1.20practice of chiropractic as defined in section 148.01.
1.21 Sec. 2. Minnesota Statutes 2024, section 148.65, subdivision 5, is amended to read:
1.22 Subd. 5.Student physical therapist."Student physical therapist" means a person in a
1.23professional educational program, approved by the board under section 148.705, who is
1Sec. 2.
25-04772 as introduced03/17/25 REVISOR AGW/ES
SENATE
STATE OF MINNESOTA
S.F. No. 3049NINETY-FOURTH SESSION
(SENATE AUTHORS: BOLDON)
OFFICIAL STATUSD-PGDATE
Introduction and first reading03/27/2025
Referred to Health and Human Services 2.1satisfying supervised clinical education requirements by performing physical therapy under
2.2the on-site supervision of a licensed physical therapist. "On-site supervision" means the
2.3physical therapist is easily available for instruction to the student physical therapist. The
2.4physical therapist shall have direct contact with the patient during at least every second
2.5treatment session by the student physical therapist. Telecommunications, except within the
2.6facility, does not meet the requirement of on-site supervision.
2.7 Sec. 3. Minnesota Statutes 2024, section 148.65, subdivision 6, is amended to read:
2.8 Subd. 6.Student physical therapist assistant."Student physical therapist assistant"
2.9means a person in a physical therapist assistant educational program accredited by the
2.10Commission on Accreditation in Physical Therapy Education (CAPTE) or a recognized
2.11comparable national accrediting agency approved by the board. The student physical therapist
2.12assistant, under the direct on-site supervision of the physical therapist, or the direct on-site
2.13supervision of the physical therapist and physical therapist assistant team, performs physical
2.14therapy interventions and assists with coordination, communication, documentation, and
2.15patient-client-related instruction. "Direct "On-site supervision" means the physical therapist
2.16or physical therapist assistant is physically present and immediately easily available to
2.17provide instruction to the student physical therapist assistant. Telecommunications, except
2.18within the facility, does not meet the requirement of on-site supervision.
2.19 Sec. 4. Minnesota Statutes 2024, section 148.706, subdivision 1, is amended to read:
2.20 Subdivision 1.Supervision.(a) Every physical therapist who uses the services of a
2.21physical therapist assistant or physical therapy aide for the purpose of assisting in the practice
2.22of physical therapy is responsible for functions performed by the assistant or aide while
2.23engaged in such assistance. The physical therapist shall delegate direct duties to the physical
2.24therapist assistant and assign tasks to the physical therapy aide in accordance with subdivision
2.252. Physical therapists who instruct student physical therapists and student physical therapist
2.26assistants are responsible for the functions performed by the students and shall supervise
2.27the students as provided under section 148.65, subdivisions 5 and 6. A licensed physical
2.28therapist may supervise no more than two physical therapist assistants at any time.
2.29 (b) A licensed physical therapist may supervise no more than two physical therapist
2.30assistants at any time. A physical therapist supervising physical therapist assistants is not
2.31required to be on site, but must be easily available by telecommunications.
2.32 (c) Physical therapists who instruct student physical therapists and student physical
2.33therapist assistants are responsible for the functions performed by the students and shall
2Sec. 4.
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
3.2therapist supervising a student physical therapist must have direct contact with the patient
3.3during at least every second treatment session by the student physical therapist. A physical
3.4therapist or physical therapist assistant supervising a student physical therapist assistant
3.5must have direct contact with the patient during at least every second treatment session by
3.6the student physical therapist assistant.
3.7 Sec. 5. Minnesota Statutes 2024, section 148.706, subdivision 2, is amended to read:
3.8 Subd. 2.Delegation Direction of duties.The physical therapist may delegate is
3.9authorized to direct patient treatment procedures only to a physical therapist assistant who
3.10has sufficient didactic and clinical preparation. The physical therapist may not delegate
3.11direct the following activities to the a physical therapist assistant or to other supportive
3.12personnel: initial patient examination and evaluation, treatment planning, initial treatment,
3.13change of treatment, development and modification of the plan of care, and initial or final
3.14documentation.
3.15 Sec. 6. Minnesota Statutes 2024, section 148.706, subdivision 3, is amended to read:
3.16 Subd. 3.Observation of Collaboration with physical therapist assistants.When a
3.17physical therapist directs components of a patient's treatment are delegated to a physical
3.18therapist assistant, a physical therapist must provide on-site observation of the treatment
3.19and documentation of its appropriateness at least every six treatment sessions. The physical
3.20therapist is not required to be on site, but must be easily available by telecommunications.:
3.21 (1) have a real-time collaborative treatment session that takes place in person or remotely
3.22via telehealth with the physical therapist assistant; and
3.23 (2) document the continued appropriateness of the plan of care at least every six treatment
3.24sessions.
3.25 Sec. 7. Minnesota Statutes 2024, section 148.75, is amended to read:
3.26 148.75 DISCIPLINARY ACTION.
3.27 (a) The board may impose disciplinary action specified in paragraph (b) against an
3.28applicant or licensee whom the board, by a preponderance of the evidence, determines:
3.29 (1) has violated a statute, rule, order, or agreement for corrective action that the board
3.30issued or is otherwise authorized or empowered to enforce;
3Sec. 7.
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
4.2any mental or physical illness or condition, including deterioration through the aging process
4.3or loss of motor skills, or use of alcohol, drugs, narcotics, chemicals, or any other type of
4.4material;
4.5 (3) has been convicted of or has pled guilty or nolo contendere to a felony or other crime,
4.6an element of which is dishonesty or fraud, or has been shown to have engaged in acts or
4.7practices tending to show that the applicant or licensee is incompetent or has engaged in
4.8conduct reflecting adversely on the applicant's or licensee's ability or fitness to engage in
4.9the practice of physical therapy;
4.10 (4) has been convicted of violating any state or federal narcotic law;
4.11 (5) has obtained or attempted to obtain a license or approval of continuing education
4.12activities, or passed an examination, by fraud or deception;
4.13 (6) has engaged in unprofessional conduct or any other conduct which has the potential
4.14for causing harm to the public, including any departure from or failure to conform to the
4.15minimum standards of acceptable and prevailing practice without actual injury having to
4.16be established;
4.17 (7) has engaged in gross negligence in the practice of physical therapy as a physical
4.18therapist or in providing physical therapy as a physical therapist assistant;
4.19 (8) has treated human ailments by physical therapy after an initial 90-day period of
4.20patient admittance to treatment has lapsed, except by the order or referral of a person licensed
4.21in this state in the practice of medicine as defined in section 147.081, the practice of
4.22chiropractic as defined in section 148.01, the practice of podiatry as defined in section
4.23153.01, or the practice of dentistry as defined in section 150A.05, or the practice of advance
4.24practice nursing as defined in section 148.171, subdivision 3, when orders or referrals are
4.25made in and whose license is in collaboration with a physician, chiropractor, podiatrist, or
4.26dentist, and whose license is in good standing; or when a previous diagnosis exists indicating
4.27an ongoing condition warranting physical therapy treatment, subject to periodic review
4.28defined by board of physical therapy rule. The 90-day limitation of treatment by a physical
4.29therapist without an order or referral does not apply to prevention, wellness, education, or
4.30exercise;
4.31 (9) for a physical therapist licensed less than one year, has treated human ailments,
4.32without referral, by physical therapy treatment without first having practiced one year in
4.33collaboration with a physical therapist with more than one year of experience or under a
4.34physician's orders or referrals as verified by the board's records;
4Sec. 7.
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
5.2health care professional, who prescribed the physical therapy treatment if the treatment is
5.3altered by the physical therapist from the original written order. The provision does not
5.4include written orders to "evaluate and treat";
5.5 (11) (8) has inappropriately delegated directed components of a patient's treatment to a
5.6physical therapist assistant or inappropriately assigned tasks to an aide, or inadequately
5.7supervised a student physical therapist, physical therapist assistant, student physical therapist
5.8assistant, or a physical therapy aide;
5.9 (12) (9) has practiced as a physical therapist performing medical diagnosis, the practice
5.10of medicine as defined in section 147.081, or the practice of chiropractic as defined in
5.11section 148.01;
5.12 (13) (10) has failed to comply with a reasonable request to obtain appropriate clearance
5.13for mental or physical conditions that would interfere with the ability to practice physical
5.14therapy, and that may be potentially harmful to patients;
5.15 (14) (11) has divided fees with, or paying or promising to pay a commission or part of
5.16the fee to, any person who contacts the physical therapist for consultation or sends patients
5.17to the physical therapist for treatment;
5.18 (15) (12) has engaged in an incentive payment arrangement, other than that prohibited
5.19by clause (14) (11), that tends to promote physical therapy overuse, that allows the referring
5.20person or person who controls the availability of physical therapy services to a client to
5.21profit unreasonably as a result of patient treatment;
5.22 (16) has failed to refer to a licensed health care professional a patient whose medical
5.23condition has been determined by the physical therapist to be beyond the scope of practice
5.24of a physical therapist;
5.25 (17) (13) has failed to report to the board other licensees who violate this section;
5.26 (18) (14) has engaged in the practice of physical therapy under lapsed or nonrenewed
5.27credentials;
5.28 (19) (15) has had a license, certificate, charter, registration, privilege to take an
5.29examination, or other similar authority denied, revoked, suspended, canceled, limited,
5.30reprimanded, or otherwise disciplined, or not renewed for cause in any jurisdiction; or has
5.31surrendered or voluntarily terminated a license or certificate during a board investigation
5.32of a complaint, as part of a disciplinary order, or while under a disciplinary order;
5Sec. 7.
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
6.2or by another regulatory authority; or
6.3 (21) (17) has failed to cooperate with an investigation of the board, including responding
6.4fully and promptly to any question raised by or on behalf of the board relating to the subject
6.5of the investigation, executing all releases requested by the board, providing copies of patient
6.6records, as reasonably requested by the board to assist it in its investigation, and appearing
6.7at conferences or hearings scheduled by the board or its staff.
6.8 (b) If grounds for disciplinary action exist under paragraph (a), the board may take one
6.9or more of the following actions:
6.10 (1) deny the application for licensure;
6.11 (2) deny the renewal of the license;
6.12 (3) revoke the license;
6.13 (4) suspend the license;
6.14 (5) impose limitations or conditions on the licensee's practice of physical therapy,
6.15including the: (i) limitation of scope of practice to designated field specialties; (ii) imposition
6.16of retraining or rehabilitation requirements; (iii) requirement of practice under supervision;
6.17or (iv) conditioning of continued practice on demonstration of knowledge or skills by
6.18appropriate examination, monitoring, or other review of skill and competence;
6.19 (6) impose a civil penalty not to exceed $10,000 for each separate violation, the amount
6.20of the civil penalty to be fixed so as to deprive the physical therapist of any economic
6.21advantage gained by reason of the violation charged, to discourage similar violations, or to
6.22reimburse the board for the cost of the investigation and proceeding including, but not
6.23limited to, fees paid for services provided by the Office of Administrative Hearings, legal
6.24and investigative services provided by the Office of the Attorney General, court reporters,
6.25witnesses, reproduction of records, board members' per diem compensation, board staff
6.26time, and travel costs and expenses incurred by board staff and board members;
6.27 (7) order the licensee to provide unremunerated service;
6.28 (8) censure or reprimand the licensee; or
6.29 (9) any other action as allowed by law and justified by the facts of the case.
6.30 (c) A license to practice as a physical therapist or physical therapist assistant is
6.31automatically suspended if (1) a guardian of the licensee is appointed by order of a court
6.32pursuant to sections 524.5-101 to 524.5-502, for reasons other than the minority of the
6Sec. 7.
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
7.2license remains suspended until the licensee is restored to capacity by a court and, upon
7.3petition by the licensee, the suspension is terminated by the Board of Physical Therapy after
7.4a hearing.
7.5 Sec. 8. Minnesota Statutes 2024, section 148.76, is amended to read:
7.6 148.76 PROHIBITED CONDUCT.
7.7 Subdivision 1.Licensure required.(a) No person shall:
7.8 (1) provide physical therapy unless the person is licensed as a physical therapist or
7.9physical therapist assistant under sections 148.65 to 148.78;
7.10 (2) use the title of physical therapist without a license as a physical therapist or use the
7.11title physical therapist assistant without a license as a physical therapist assistant issued
7.12under sections 148.65 to 148.78;
7.13 (3) (2) use the title of physical therapist, in any manner hold out as a physical therapist
7.14or as a provider of physical therapy, or use in connection with the person's name the words
7.15or letters Physical Therapist, Doctor of Physical Therapy, Physiotherapist, Physical Therapy
7.16Technician, Registered Physical Therapist, Licensed Physical Therapist, PT, DPT, PTT,
7.17RPT, LPT, or any letters, words, abbreviations or insignia indicating or implying that the
7.18person is a physical therapist, without a license being licensed as a physical therapist issued
7.19under sections 148.65 to 148.78. To do so is a gross misdemeanor;
7.20 (4) (3) use the title of physical therapist assistant, in any manner hold out as a physical
7.21therapist assistant, or use in connection with the person's name the words or letters Physical
7.22Therapist Assistant, P.T.A., or any letters, words, abbreviations, or insignia indicating or
7.23implying that the person is a physical therapist assistant, without a license being licensed
7.24as a physical therapist assistant under sections 148.65 to 148.78. To do so is a gross
7.25misdemeanor; or
7.26 (5) (4) employ fraud or deception in applying for or securing a license as a physical
7.27therapist or physical therapist assistant.
7.28 (b) No person, business entity, or employee, agent, or representative of a business entity
7.29shall use, in connection with that person's name or with the activity of the business, the
7.30words physical therapy or physiotherapy or any other words, abbreviations, or insignia
7.31indicating or implying, directly or indirectly, that physical therapy is provided or supplied,
7.32unless the services are provided by or under the direction and supervision of a person licensed
7.33as a physical therapist under sections 148.65 to 148.78. No person or business entity shall
7Sec. 8.
25-04772 as introduced03/17/25 REVISOR AGW/ES 8.1advertise or otherwise promote another person as being a physical therapist or physiotherapist
8.2unless the person who is advertised or promoted is licensed as a physical therapist under
8.3sections 148.65 to 148.78. A person or business entity that offers, provides, or bills any
8.4other person for services must not characterize the services as physical therapy or
8.5physiotherapy unless the services are provided by or under the direction and supervision of
8.6a person licensed as a physical therapist under sections 148.65 to 148.78.
8.7 (c) Nothing in sections 148.65 to 148.78 prohibits a person licensed or registered in this
8.8state under another law from carrying out the therapy or practice for which the person is
8.9duly licensed or registered.
8.10 Subd. 2.Prohibitions Prohibition.(a) No physical therapist may:
8.11 (1) treat human ailments by physical therapy after an initial 90-day period of patient
8.12admittance to treatment has lapsed, except by the order or referral of a person licensed in
8.13this state to practice medicine as defined in section 147.081, the practice of chiropractic as
8.14defined in section 148.01, the practice of podiatry as defined in section 153.01, the practice
8.15of dentistry as defined in section 150A.05, or the practice of advanced practice nursing as
8.16defined in section 62A.15, subdivision 3a, when orders or referrals are made in collaboration
8.17with a physician, chiropractor, podiatrist, or dentist, and whose license is in good standing;
8.18or when a previous diagnosis exists indicating an ongoing condition warranting physical
8.19therapy treatment, subject to periodic review defined by Board of Physical Therapy rule.
8.20The 90-day limitation of treatment by a physical therapist without an order or referral does
8.21not apply to prevention, wellness, education, or exercise;
8.22 (2) use any chiropractic manipulative technique whose end is the chiropractic adjustment
8.23of an abnormal articulation of the body; and
8.24 (3) No physical therapist may treat human ailments other than by physical therapy unless
8.25duly licensed or registered to do so under the laws of this state.
8.26 (b) No physical therapist licensed less than one year may treat human ailments, without
8.27referral, by physical therapy treatment without first having practiced one year in collaboration
8.28with a physical therapist with more than one year of experience or under a physician's orders
8.29or referrals as verified by the board's records.
8.30 Subd. 3.Violations.(a) A person or business entity that violates this section is guilty
8.31of a gross misdemeanor.
8.32 (b) The board may impose a civil penalty, not to exceed $10,000 for each separate
8.33violation, against any person or business entity that violates subdivision 1. In addition, the
8Sec. 8.
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
9.2competent jurisdiction. For purposes of this paragraph, in seeking an injunction, the board
9.3need only show that the defendant violated subdivision 1 to establish irreparable injury or
9.4a likelihood of a continuation of the violation.
9.5 Sec. 9. REPEALER.
9.6 Minnesota Statutes 2024, sections 148.65, subdivision 9; and 148.77, are repealed.
9Sec. 9.
25-04772 as introduced03/17/25 REVISOR AGW/ES 148.65 DEFINITIONS.
Subd. 9.Licensed health care professional or licensed health care provider."Licensed health
care professional" or "licensed health care provider" means a person licensed in good standing in
Minnesota to practice medicine, osteopathic medicine, chiropractic, podiatry, dentistry, or advanced
practice nursing.
148.77 VIOLATIONS.
Any person violating the provisions of section 148.76 is guilty of a gross misdemeanor.
1R
APPENDIX
Repealed Minnesota Statutes: 25-04772