| 1 | 1 | | 85R5244 MAW-F |
|---|
| 2 | 2 | | By: Taylor of Collin S.B. No. 728 |
|---|
| 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. PRACTICE BY PHYSICAL THERAPIST [TREATING |
|---|
| 12 | 12 | | PATIENT UNDER PRIOR REFERRAL]. (a) A physical therapist may treat |
|---|
| 13 | 13 | | a patient for an injury or condition in a manner described by |
|---|
| 14 | 14 | | Section 453.005 without a [that was the subject of a prior] referral |
|---|
| 15 | 15 | | 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] 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. Not later than November 1, 2017, the Texas Board |
|---|
| 78 | 78 | | of Physical Therapy Examiners shall adopt rules necessary to |
|---|
| 79 | 79 | | implement Section 453.301, Occupations Code, as amended by this |
|---|
| 80 | 80 | | Act. |
|---|
| 81 | 81 | | SECTION 4. This Act takes effect September 1, 2017. |
|---|