PRINTER'S NO. 147
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.197
Session of
2025
INTRODUCED BY BROWN, ROTHMAN, FONTANA, HUTCHINSON, SCHWANK,
CULVER AND MASTRIANO, JANUARY 29, 2025
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JANUARY 29, 2025
AN ACT
Amending the act of October 10, 1975 (P.L.383, No.110), entitled
"An act relating to the practice of physical therapy,"
further providing for definitions, for powers and duties of
board, for continuing education and for practice of physical
therapy.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "certificate of authorization"
in section 2 of the act of October 10, 1975 (P.L.383, No.110),
known as the Physical Therapy Practice Act, is amended to read:
Section 2. Definitions.--The following definitions shall
apply, when used in this act, unless otherwise expressed
therein:
* * *
["Certificate of authorization" means a certificate, approved
by the board, to practice physical therapy without a referral
under section 9(a).]
* * *
Section 2. Sections 3(a), 7.2 and 9(b), (c) and (e) of the
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19 act are amended to read:
Section 3. Powers and Duties of Board.--(a) It shall be the
duty of the board to pass upon the qualifications of applicants
for licensure as physical therapists and certification as
physical therapist assistants, to conduct examinations, to issue
and renew licenses [ and certificates of authorization ] to
physical therapists and certificates to physical therapist
assistants who qualify under this act, and in proper cases to
refuse to issue, suspend or revoke the license [ or certificate
of authorization] of any physical therapist or certificate of
any physical therapist assistant. The board may adopt rules and
regulations not inconsistent with law as it may deem necessary
for the performance of its duties and the proper administration
of this law. The board is authorized and empowered to appoint
hearing examiners and to conduct investigations and hearings
upon charges for discipline of a licensee or certificate holder
or for violations of this act and to cause, through the office
of the Attorney General, the prosecution and enjoinder of
individuals violating this act. The board shall maintain a
register listing the name of every living physical therapist
licensed to practice in this State, and every physical therapist
assistant duly certified pursuant to section 9.1, such
individual's last known place of residence, and the date and
number of the physical therapist's license and the physical
therapist assistant's certificate. Residential information shall
not be considered a public record under the act of [ June 21,
1957 (P.L.390, No.212), referred to as the Right-to-Know Law ]
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law .
* * *
Section 7.2. Continuing Education.--For each license
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30 renewal, a licensee shall complete within the immediately
preceding two-year period at least 30 hours of continuing
physical therapy education as approved by the board. The
licensee shall provide the board with evidence of the completion
of the continuing education. [ A physical therapist who has met
the continuing education requirements for a certificate of
authorization set forth in section 9(c)(1) shall be deemed to
have met the continuing education requirement for license
renewal. No credit shall be given for any course in office
management or practice building. ]
Section 9. Practice of Physical Therapy.--* * *
(b) Licensees who meet the standards set forth in this
subsection may [apply to the board for a certificate of
authorization to] practice physical therapy under this act
without the required referral under subsection (a). [ A
certificate of authorization to ] The practice of physical
therapy without a referral under subsection (a) shall not
authorize a physical therapist either to treat a condition in an
individual which is a nonneurologic, nonmuscular or nonskeletal
condition or to treat an individual who has an acute cardiac or
acute pulmonary condition unless the physical therapist has
consulted with the individual's licensed physician, dentist or
podiatrist regarding the individual's condition and the physical
therapy treatment plan or has referred the individual to a
licensed physician, dentist or podiatrist for diagnosis and
referral. [The certificate of authorization shall be issued only
to licensed physical therapists practicing physical therapy. The
certificate of authorization shall be displayed by the
certificate holder in a manner conspicuous to the public. The
renewal of the certificate of authorization shall coincide with
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30 the renewal of the license of the licensee. Licensees making
application for a certificate of authorization ] To practice
physical therapy under this subsection, a licensee shall present
satisfactory evidence to the board of all of the following:
(1) That the licensee has[ :
(i)] passed an examination for licensure to practice
physical therapy, which examination included testing on the
appropriate evaluative procedures to treat an individual without
a referral.[; or
(ii) passed an examination for licensure to practice
physical therapy prior to 1990 and successfully completed a
course approved by the board on the appropriate evaluative
procedures to treat an individual without a referral.
(2) That the licensee has:
(i) practiced physical therapy as a licensed physical
therapist in the delivery of patient care in accordance with
this act on a continuous basis for at least two years
immediately preceding the application for a certificate of
authorization;
(ii) been licensed under section 6(d.1) and has practiced
physical therapy in the delivery of patient care as a licensed
physical therapist in a reciprocal state on a continuous basis
for at least two years immediately preceding the application for
a certificate of authorization; or
(iii) provided proof of meeting the standards of clause (i)
or (ii) of this paragraph through the application of any
combination thereof. ]
(3) That the license of that licensee has been maintained in
good standing.
(4) That the licensee has professional liability insurance
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30 in accordance with the following provisions:
(ii) A licensee shall notify the board within 30 days of the
licensee's failure to be covered by the required insurance.
Failure to notify the board shall be actionable under section 11
or 12. Further, the [ certificate of authorization ] license of
that licensee shall automatically be suspended upon failure to
be covered by the required insurance and shall not be restored
until submission to the board of satisfactory evidence that the
licensee has the required professional liability insurance
coverage.
(iii) The board shall accept from licensees as satisfactory
evidence of insurance coverage under this subsection any or all
of the following: self-insurance, personally purchased
professional liability insurance, professional liability
insurance coverage provided by the licensee's employer or any
similar type of coverage.
(iii.1) A licensee under this act, practicing in this
Commonwealth, shall maintain a level of professional liability
insurance coverage in the minimum amount of $1,000,000 per
occurrence or claims made. Failure to maintain insurance
coverage as required shall subject the licensee to disciplinary
proceedings. The board shall accept as satisfactory evidence of
insurance coverage any of the following:
(A) self-insurance;
(B) personally purchased liability insurance; or
(C) professional liability insurance coverage provided by
the physical therapist's employer or similar insurance coverage
acceptable to the board.
(iii.2) A license applicant shall provide proof that the
applicant has obtained professional liability insurance in
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30 accordance with subparagraph (iii.1). It is sufficient if the
applicant files with the application a copy of a letter from the
applicant's professional liability insurance carrier indicating
that the applicant will be covered against professional
liability in the required amounts effective upon the issuance of
the applicant's license to practice physical therapy in this
Commonwealth.
(iii.3) Upon issuance of a license, a licensee has 30 days
to submit to the board the certificate of insurance or a copy of
the policy declaration page.
(iv) The board shall adopt, by regulation, standards and
procedures established by the Insurance Commissioner for self-
insurance. In the absence of these standards and procedures, the
board, after consultation with the Insurance Commissioner, shall
establish standards and procedures by regulation for self-
insurance under this subsection.
[(c) (1) For each renewal of the certificate of
authorization, the licensee shall complete within the
immediately preceding two-year period at least 30 hours of
continuing physical therapy education related to keeping the
certificate holder apprised of advancements and new developments
in the practice of the physical therapy profession. At least ten
of the 30 hours shall be in appropriate evaluative procedures to
treat an individual without a referral. No credit shall be given
for any course in office management or practice building. The
licensee shall provide the board with evidence of the completion
of the continuing education.
(2) Continuing education programs and program providers
under this subsection shall be approved by the board in
accordance with standards and criteria established by the board
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30 by regulation. The regulation shall include any fees necessary
to implement this provision and provide for waiver of the
continuing education requirement due to illness or hardship in
any licensing renewal period. ]
* * *
(e) A physical therapist may treat an individual without a
referral as provided for in subsection (b) for up to [ 30] 60
days from the date of the first treatment. A physical therapist
shall not treat an individual beyond [ 30] 60 days from the date
of the first treatment unless he or she has obtained a referral
from a licensed physician; a licensed physician assistant
practicing pursuant to a written agreement with a physician; a
certified registered nurse practitioner practicing pursuant to a
collaborative agreement with a physician; or a licensed dentist
or licensed podiatrist, for the treatment of a condition that is
within the scope of practice of dentistry or podiatry. The date
of the first treatment for purposes of this subsection is the
date the individual is treated by any physical therapist
treating without a referral.
* * *
Section 3. This act shall take effect in 60 days.
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