Texas 2013 - 83rd Regular

Texas House Bill HB1039 Compare Versions

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1	1	83R5484 MAW-F
2	2	By: Eiland, et al. H.B. No. 1039
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of the practice of physical therapy.
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 without a [was
15	15	the subject of a prior] referral if the physical therapist:
16	16	(1) has been licensed to practice physical therapy for
17	17	at least one year;
18	18	(2) is covered by professional liability insurance in
19	19	the minimum amount required by board rule [notifies the referring
20	20	practitioner of the therapy not later than the fifth business day
21	21	after the date therapy is begun]; and
22	22	(3) either:
23	23	(A) possesses a doctoral degree in physical
24	24	therapy from:
25	25	(i) a program that is accredited by the
26	26	Commission on Accreditation in Physical Therapy Education; or
27	27	(ii) an institution that is accredited by
28	28	an agency or association recognized by the United States secretary
29	29	of education; or
30	30	(B) has completed at least 30 hours of continuing
31	31	competence activities in the area of differential diagnosis.
32	32	(a-1) A physical therapist may treat a patient under
33	33	Subsection (a) [begins any episode of treatment before the first
34	34	anniversary of the referral by the referring practitioner;
35	35	[(4) for physical therapy episodes subsequent to the
36	36	episode which was initiated by the referral, treats the patient]
37	37	for not more than 20 treatment sessions or 45 [30] consecutive
38	38	calendar days, whichever occurs first [; and
39	39	[(5) satisfies any other requirement set by the
40	40	board].
41	41	(b) The physical therapist must obtain a referral from a
42	42	[confer with the] referring practitioner before the physical
43	43	therapist may continue treatment that exceeds treatment authorized
44	44	under Subsection (a-1) [(a)(4)].
45	45	SECTION 2. Section 453.351(a), Occupations Code, is amended
46	46	to read as follows:
47	47	(a) The board may deny a license or suspend or revoke a
48	48	license, place a license holder on probation, reprimand a license
49	49	holder, impose an administrative penalty, or otherwise discipline a
50	50	license holder if the applicant or license holder has:
51	51	(1) except as provided by Section [453.301 or]
52	52	453.302, provided care [physical therapy] to a person outside the
53	53	scope of the physical therapist's practice [without a referral from
54	54	a referring practitioner];
55	55	(2) used drugs or intoxicating liquors to an extent
56	56	that affects the license holder's or applicant's professional
57	57	competence;
58	58	(3) been convicted of a felony, including a finding or
59	59	verdict of guilty, an admission of guilt, or a plea of nolo
60	60	contendere, in this state or in any other state or nation;
61	61	(4) obtained or attempted to obtain a license by fraud
62	62	or deception;
63	63	(5) been grossly negligent in the practice of physical
64	64	therapy or in acting as a physical therapist assistant;
65	65	(6) been found to be mentally incompetent by a court;
66	66	(7) practiced physical therapy in a manner detrimental
67	67	to the public health and welfare;
68	68	(8) had a license to practice physical therapy revoked
69	69	or suspended or had other disciplinary action taken against the
70	70	license holder or applicant;
71	71	(9) had the license holder's or applicant's
72	72	application for a license refused, revoked, or suspended by the
73	73	proper licensing authority of another state or nation; or
74	74	(10) in the case of a physical therapist assistant,
75	75	treated a person other than under the direction of a physical
76	76	therapist.
77	77	SECTION 3. This Act takes effect September 1, 2013.