81R3377 BEF-D
By: Carona S.B. No. 433
A BILL TO BE ENTITLED
AN ACT
relating to certain treatment by a physical therapist.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 453.301, Occupations Code, is amended to
read as follows:
Sec. 453.301. TREATING PATIENT WITHIN SCOPE OF PRACTICE
[UNDER PRIOR REFERRAL]. (a) A physical therapist may treat a
patient for an injury or condition that is within the physical
therapist's scope of practice under Section 453.005 or a board rule
[was the subject of a prior referral if the physical therapist:
[(1) has been licensed to practice physical therapy
for at least one year;
[(2) notifies the referring practitioner of the
therapy not later than the fifth business day after the date therapy
is begun;
[(3) begins any episode of treatment before the first
anniversary of the referral by the referring practitioner;
[(4) for physical therapy episodes subsequent to the
episode which was initiated by the referral, treats the patient for
not more than 20 treatment sessions or 30 consecutive calendar
days, whichever occurs first; and
[(5) satisfies any other requirement set by the
board].
(b) The physical therapist must confer with an appropriate
health care [the referring] practitioner before the physical
therapist may continue treatment if there is not a significant
functional improvement in the patient's condition within a
reasonable and predictable time [that exceeds treatment authorized
under Subsection (a)(4)].
SECTION 2. The heading to Section 453.302, Occupations
Code, is amended to read as follows:
Sec. 453.302. EMERGENCY TREATMENT OF [TREATING] PATIENT
[WITHOUT REFERRAL].
SECTION 3. Sections 453.302(b) and (c), Occupations Code,
are amended to read as follows:
(b) In an emergency circumstance, including a minor
emergency, a physical therapist may provide, without conferring
with another health care practitioner, emergency medical care to a
person to the best of the therapist's ability to stabilize the
person's condition and to prevent or minimize further harm or
exacerbation of the person's condition [without a referral from a
referring practitioner].
(c) A physical therapist providing emergency medical care
to a person under Subsection (b) shall confer, as soon as
practicable, with an appropriate health care practitioner
regarding the emergency and refer the person to an appropriate
health care [may provide physical assessments or instructions to an
asymptomatic person without a referral from a referring]
practitioner.
SECTION 4. Section 453.351(a), Occupations Code, is amended
to read as follows:
(a) The board may deny a license or suspend or revoke a
license, place a license holder on probation, reprimand a license
holder, impose an administrative penalty, or otherwise discipline a
license holder if the applicant or license holder has:
(1) except as provided by Section [453.301 or]
453.302, provided care [physical therapy] to a person outside the
scope of the physical therapist's practice [without a referral from
a referring practitioner];
(2) used drugs or intoxicating liquors to an extent
that affects the license holder's or applicant's professional
competence;
(3) been convicted of a felony, including a finding or
verdict of guilty, an admission of guilt, or a plea of nolo
contendere, in this state or in any other state or nation;
(4) obtained or attempted to obtain a license by fraud
or deception;
(5) been grossly negligent in the practice of physical
therapy or in acting as a physical therapist assistant;
(6) been found to be mentally incompetent by a court;
(7) practiced physical therapy in a manner detrimental
to the public health and welfare;
(8) had a license to practice physical therapy revoked
or suspended or had other disciplinary action taken against the
license holder or applicant;
(9) had the license holder's or applicant's
application for a license refused, revoked, or suspended by the
proper licensing authority of another state or nation; or
(10) in the case of a physical therapist assistant,
treated a person other than under the direction of a physical
therapist.
SECTION 5. This Act takes effect September 1, 2009.