Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB399 Introduced / Bill

Filed 01/13/2021

                     
 
 
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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   
 
 
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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   
 
 
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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   
 
 
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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