By: Hughes, West S.B. No. 732
(In the Senate - Filed February 8, 2019; March 1, 2019, read
first time and referred to Committee on Business & Commerce;
May 2, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; May 2, 2019, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 732 By: Creighton
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. PRACTICE BY PHYSICAL THERAPIST [TREATING
PATIENT UNDER PRIOR REFERRAL]. (a) A physical therapist may treat
a patient for an injury or condition in a manner described by
Section 453.005 without a [that 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) Except as provided by Subsection (a-2), 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 10 [20 treatment sessions or 30] consecutive
business [calendar] days[, whichever occurs first; and
[(5) satisfies any other requirement set by the
board].
(a-2) A physical therapist who possesses a doctoral degree
described by Subsection (a)(3)(A) and has completed a residency or
fellowship may treat a patient under Subsection (a) for not more
than 15 consecutive business days.
(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) or (a-2), as applicable [(a)(4)].
(c) A physical therapist who treats a patient without a
referral shall obtain from the patient a signed disclosure on a form
prescribed by the board in which the patient acknowledges that:
(1) physical therapy is not a substitute for a medical
diagnosis by a physician;
(2) physical therapy is not based on radiological
imaging;
(3) a physical therapist cannot diagnose an illness or
disease; and
(4) the patient's health insurance may not include
coverage for the physical therapist's services.
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. Not later than November 1, 2019, the Texas Board
of Physical Therapy Examiners shall adopt rules necessary to
implement Section 453.301, Occupations Code, as amended by this
Act.
SECTION 4. Section 453.301(c), Occupations Code, as added
by this Act, applies only to treatment by a physical therapist that
is provided on or after November 1, 2019. Treatment that is
provided before November 1, 2019, is governed by the law in effect
on the date the treatment was provided, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2019.
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