Texas 2019 - 86th Regular

Texas House Bill HB29 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 29
	1	+	By: Minjarez, et al. H.B. No. 29
	2	+	(Senate Sponsor - Hughes, Menéndez)
	3	+	(In the Senate - Received from the House May 9, 2019;
	4	+	May 13, 2019, read first time and referred to Committee on Business &
	5	+	Commerce; May 20, 2019, reported favorably by the following vote:
	6	+	Yeas 8, Nays 0; May 20, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the regulation of the practice of physical therapy.
6	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	14		SECTION 1. Section 453.301, Occupations Code, is amended to
8	15		read as follows:
9	16		Sec. 453.301. PRACTICE BY PHYSICAL THERAPIST [TREATING
10	17		PATIENT UNDER PRIOR REFERRAL]. (a) A physical therapist may treat
11	18		a patient for an injury or condition in a manner described by
12	19		Section 453.005 without a [that was the subject of a prior] referral
13	20		if the physical therapist:
14	21		(1) has been licensed to practice physical therapy for
15	22		at least one year;
16	23		(2) is covered by professional liability insurance in
17	24		the minimum amount required by board rule [notifies the referring
18	25		practitioner of the therapy not later than the fifth business day
19	26		after the date therapy is begun]; and
20	27		(3) either:
21	28		(A) possesses a doctoral degree in physical
22	29		therapy from:
23	30		(i) a program that is accredited by the
24	31		Commission on Accreditation in Physical Therapy Education; or
25	32		(ii) an institution that is accredited by
26	33		an agency or association recognized by the United States secretary
27	34		of education; or
28	35		(B) has completed at least 30 hours of continuing
29	36		competence activities in the area of differential diagnosis.
30	37		(a-1) Except as provided by Subsection (a-2), a physical
31	38		therapist may treat a patient under Subsection (a) [begins any
32	39		episode of treatment before the first anniversary of the referral
33	40		by the referring practitioner;
34	41		[(4) for physical therapy episodes subsequent to the
35	42		episode which was initiated by the referral, treats the patient]
36	43		for not more than 10 [20 treatment sessions or 30] consecutive
37	44		business [calendar] days[, whichever occurs first ; and
38	45		[(5) satisfies any other requirement set by the
39	46		board].
40	47		(a-2) A physical therapist who possesses a doctoral degree
41	48		described by Subsection (a)(3)(A) and has completed a residency or
42	49		fellowship may treat a patient under Subsection (a) for not more
43	50		than 15 consecutive business days.
44	51		(b) The physical therapist must obtain a referral from a
45	52		[confer with the] referring practitioner before the physical
46	53		therapist may continue treatment that exceeds treatment authorized
47	54		under Subsection (a-1) or (a-2), as applicable [(a)(4)].
48	55		(c) A physical therapist who treats a patient without a
49	56		referral shall obtain from the patient a signed disclosure on a form
50	57		prescribed by the board in which the patient acknowledges that:
51	58		(1) physical therapy is not a substitute for a medical
52	59		diagnosis by a physician;
53	60		(2) physical therapy is not based on radiological
54	61		imaging;
55	62		(3) a physical therapist cannot diagnose an illness or
56	63		disease; and
57	64		(4) the patient's health insurance may not include
58	65		coverage for the physical therapist's services.
59	66		SECTION 2. Section 453.351(a), Occupations Code, is amended
60	67		to read as follows:
61	68		(a) The board may deny a license or suspend or revoke a
62	69		license, place a license holder on probation, reprimand a license
63	70		holder, impose an administrative penalty, or otherwise discipline a
64	71		license holder if the applicant or license holder has:
65	72		(1) except as provided by Section [453.301 or]
66	73		453.302, provided care [physical therapy] to a person outside the
67	74		scope of the physical therapist's practice [without a referral from
68	75		a referring practitioner];
69	76		(2) used drugs or intoxicating liquors to an extent
70	77		that affects the license holder's or applicant's professional
71	78		competence;
72	79		(3) been convicted of a felony, including a finding or
73	80		verdict of guilty, an admission of guilt, or a plea of nolo
74	81		contendere, in this state or in any other state or nation;
75	82		(4) obtained or attempted to obtain a license by fraud
76	83		or deception;
77	84		(5) been grossly negligent in the practice of physical
78	85		therapy or in acting as a physical therapist assistant;
79	86		(6) been found to be mentally incompetent by a court;
80	87		(7) practiced physical therapy in a manner detrimental
81	88		to the public health and welfare;
82	89		(8) had a license to practice physical therapy revoked
83	90		or suspended or had other disciplinary action taken against the
84	91		license holder or applicant;
85	92		(9) had the license holder's or applicant's
86	93		application for a license refused, revoked, or suspended by the
87	94		proper licensing authority of another state or nation; or
88	95		(10) in the case of a physical therapist assistant,
89	96		treated a person other than under the direction of a physical
90	97		therapist.
91	98		SECTION 3. Not later than November 1, 2019, the Texas Board
92	99		of Physical Therapy Examiners shall adopt rules necessary to
93	100		implement Section 453.301, Occupations Code, as amended by this
94	101		Act.
95	102		SECTION 4. Section 453.301(c), Occupations Code, as added
96	103		by this Act, applies only to treatment by a physical therapist that
97	104		is provided on or after November 1, 2019. Treatment that is
98	105		provided before November 1, 2019, is governed by the law in effect
99	106		on the date the treatment was provided, and the former law is
100	107		continued in effect for that purpose.
101	108		SECTION 5. This Act takes effect September 1, 2019.
102		-	______________________________ ______________________________
103		-	President of the Senate Speaker of the House
104		-	I certify that H.B. No. 29 was passed by the House on May 9,
105		-	2019, by the following vote: Yeas 136, Nays 0, 2 present, not
106		-	voting.
107		-	______________________________
108		-	Chief Clerk of the House
109		-	I certify that H.B. No. 29 was passed by the Senate on May 22,
110		-	2019, by the following vote: Yeas 31, Nays 0.
111		-	______________________________
112		-	Secretary of the Senate
113		-	APPROVED: _____________________
114		-	Date
115		-	_____________________
116		-	Governor
	109	+	* * * * *