Texas 2009 - 81st Regular

Texas Senate Bill SB433 Compare Versions

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

Old	New	Differences
1	1	81R3377 BEF-D
2	2	By: Carona S.B. No. 433
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain treatment by a physical therapist.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 453.301, Occupations Code, is amended to
10	10	read as follows:
11	11	Sec. 453.301. TREATING PATIENT WITHIN SCOPE OF PRACTICE
12	12	[UNDER PRIOR REFERRAL]. (a) A physical therapist may treat a
13	13	patient for an injury or condition that is within the physical
14	14	therapist's scope of practice under Section 453.005 or a board rule
15	15	[was the subject of a prior referral if the physical therapist:
16	16	[(1) has been licensed to practice physical therapy
17	17	for at least one year;
18	18	[(2) notifies the referring practitioner of the
19	19	therapy not later than the fifth business day after the date therapy
20	20	is begun;
21	21	[(3) begins any episode of treatment before the first
22	22	anniversary of the referral by the referring practitioner;
23	23	[(4) for physical therapy episodes subsequent to the
24	24	episode which was initiated by the referral, treats the patient for
25	25	not more than 20 treatment sessions or 30 consecutive calendar
26	26	days, whichever occurs first; and
27	27	[(5) satisfies any other requirement set by the
28	28	board].
29	29	(b) The physical therapist must confer with an appropriate
30	30	health care [the referring] practitioner before the physical
31	31	therapist may continue treatment if there is not a significant
32	32	functional improvement in the patient's condition within a
33	33	reasonable and predictable time [that exceeds treatment authorized
34	34	under Subsection (a)(4)].
35	35	SECTION 2. The heading to Section 453.302, Occupations
36	36	Code, is amended to read as follows:
37	37	Sec. 453.302. EMERGENCY TREATMENT OF [TREATING] PATIENT
38	38	[WITHOUT REFERRAL].
39	39	SECTION 3. Sections 453.302(b) and (c), Occupations Code,
40	40	are amended to read as follows:
41	41	(b) In an emergency circumstance, including a minor
42	42	emergency, a physical therapist may provide, without conferring
43	43	with another health care practitioner, emergency medical care to a
44	44	person to the best of the therapist's ability to stabilize the
45	45	person's condition and to prevent or minimize further harm or
46	46	exacerbation of the person's condition [without a referral from a
47	47	referring practitioner].
48	48	(c) A physical therapist providing emergency medical care
49	49	to a person under Subsection (b) shall confer, as soon as
50	50	practicable, with an appropriate health care practitioner
51	51	regarding the emergency and refer the person to an appropriate
52	52	health care [may provide physical assessments or instructions to an
53	53	asymptomatic person without a referral from a referring]
54	54	practitioner.
55	55	SECTION 4. Section 453.351(a), Occupations Code, is amended
56	56	to read as follows:
57	57	(a) The board may deny a license or suspend or revoke a
58	58	license, place a license holder on probation, reprimand a license
59	59	holder, impose an administrative penalty, or otherwise discipline a
60	60	license holder if the applicant or license holder has:
61	61	(1) except as provided by Section [453.301 or]
62	62	453.302, provided care [physical therapy] to a person outside the
63	63	scope of the physical therapist's practice [without a referral from
64	64	a referring practitioner];
65	65	(2) used drugs or intoxicating liquors to an extent
66	66	that affects the license holder's or applicant's professional
67	67	competence;
68	68	(3) been convicted of a felony, including a finding or
69	69	verdict of guilty, an admission of guilt, or a plea of nolo
70	70	contendere, in this state or in any other state or nation;
71	71	(4) obtained or attempted to obtain a license by fraud
72	72	or deception;
73	73	(5) been grossly negligent in the practice of physical
74	74	therapy or in acting as a physical therapist assistant;
75	75	(6) been found to be mentally incompetent by a court;
76	76	(7) practiced physical therapy in a manner detrimental
77	77	to the public health and welfare;
78	78	(8) had a license to practice physical therapy revoked
79	79	or suspended or had other disciplinary action taken against the
80	80	license holder or applicant;
81	81	(9) had the license holder's or applicant's
82	82	application for a license refused, revoked, or suspended by the
83	83	proper licensing authority of another state or nation; or
84	84	(10) in the case of a physical therapist assistant,
85	85	treated a person other than under the direction of a physical
86	86	therapist.
87	87	SECTION 5. This Act takes effect September 1, 2009.