Req. No. 935 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) SENATE BILL 399 By: Rosino AS INTRODUCED An Act relating to physical therapy; amending 59 O.S. 2011, Section 887.17, as last am ended by Section 46, Chapter 475, O.S.L. 2019 (59 O .S. Supp. 2020, Section 887.17), which relates to referrals; extend ing time period for treatment without referral; updating statutory language; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA: SECTION 1. AMENDATORY 59 O.S. 2011, Section 887.17, as last amended by Section 46, Chapter 475, O.S.L. 2019 (59 O.S. Supp. 2020, Section 887.17), is amended to read as follows: Section 887.17. A. 1. Except for workers ’ compensation claims, any person licensed under the Physical Therapy Practice Act as a physical therapist shall be able to evaluate an d treat human ailments by physical therapy on a patient without a referral from a licensed health care practitioner for a period not to exceed thirty (30) sixty (60) days. Treatment may be provided by a physical therapist assistant under the supervision o f a physical therapis t. Any treatment provided beyond the thirty-day sixty-day period shall be only under the referral of a person licensed as a physician or Req. No. 935 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 surgeon with unlimited license, or the physician assistant of the person so licensed, and Doctors of Dentistry, Chiropractic and Podiatry and an Advanced Practice Registered Nurse, with thos e referrals being limited to their respective areas of training and practice. 2. A physical therapist may provide services within the scope of physical therapy pr actice without a physician refe rral to children who receive physical therapy services pursuan t to the Individuals with Dis abilities Education Im provement Act of 2004, as may be amended, and Section 504 of the Rehabilitation Act of 1973, as may be amended. Provided further, a plan of ca re developed by a person authorized to provide services within the scope of the Physical Therapy Practice Act sha ll be deemed to be a prescription for purposes of providing services pursuant to the provisions of the Individuals with Disabilities Education Improvement Act of 2004, as may be amended, and Section 504 of the Rehabilitation Act of 19 73, as may be amended. 3. Nothing in the Physical Therapy Practice Act shall prevent a physical therapist from performing screening a nd educational procedures within the scope of physical therapy practice without a physician referral. 4. Nothing in the P hysical Therapy Practi ce Act shall prevent a physical therapist from performing services that are provided for Req. No. 935 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the purpose of fitness, wellness, or prevention that i s not related to the treatment of an injury or ailment. 5. Nothing in the Physical Therapy Practice Act shall be construed as authorization for a physical therapist or physical therapist assistant to practice any branch of t he healing art. 6. Any person violating the provisions of the Physical Therapy Practice Act shall be guilty of a misdemea nor as per Section 887 .16 of this title. B. 1. The provisions of the Physical Therapy Practice Act are not intended to limit the act ivities of persons legitimately engaged in the nontherapeutic administration of baths, massag e, and normal exercise. 2. The Physical Therapy Pr actice Act shall not prohibit students who are enrolled in schools of physical therapy approved by the State Board of Medical Licensure and Sup ervision from performing such work as is incidental to their c ourse of study; nor shall it prevent any student in any recognized school of the healing art in carrying out prescribed courses of study; provided , such school is a recognized institution by the statutes of Oklahoma Statutes, and its practitioners are duly licensed as prescribed by la w. 3. Nothing in the Physical Therapy Practice Act shall apply to any person employed by an agency, bureau , or division of the federal government while in the discharge of of ficial duties; however, if such individual engages i n the practice of physical th erapy outside Req. No. 935 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the line of official duty, the individual must be licensed as herein provided. SECTION 2. This act shall become effective November 1, 2021. 58-1-935 DC 1/13/2021 7:30:10 PM