83R5484 MAW-F
By: Eiland, et al. H.B. No. 1039
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the practice of physical therapy.
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 without a [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) is covered by professional liability insurance in
the minimum amount required by board rule [notifies the referring
practitioner of the therapy not later than the fifth business day
after the date therapy is begun]; and
(3) either:
(A) possesses a doctoral degree in physical
therapy from:
(i) a program that is accredited by the
Commission on Accreditation in Physical Therapy Education; or
(ii) an institution that is accredited by
an agency or association recognized by the United States secretary
of education; or
(B) has completed at least 30 hours of continuing
competence activities in the area of differential diagnosis.
(a-1) A physical therapist may treat a patient under
Subsection (a) [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 45 [30] consecutive
calendar days, whichever occurs first [; and
[(5) satisfies any other requirement set by the
board].
(b) The physical therapist must obtain a referral from a
[confer with the] referring practitioner before the physical
therapist may continue treatment that exceeds treatment authorized
under Subsection (a-1) [(a)(4)].
SECTION 2. 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 3. This Act takes effect September 1, 2013.