Texas 2019 - 86th Regular

Texas Senate Bill SB732 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hughes, West S.B. No. 732
	2	+	(In the Senate - Filed February 8, 2019; March 1, 2019, read
	3	+	first time and referred to Committee on Business & Commerce;
	4	+	May 2, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; May 2, 2019, sent
	6	+	to printer.)
	7	+	COMMITTEE SUBSTITUTE FOR S.B. No. 732 By: Creighton
2	8
3	9
4	10		A BILL TO BE ENTITLED
5	11		AN ACT
6	12		relating to the regulation of the practice of physical therapy.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 453.301, Occupations Code, is amended to
9	15		read as follows:
10	16		Sec. 453.301. PRACTICE BY PHYSICAL THERAPIST [TREATING
11	17		PATIENT UNDER PRIOR REFERRAL]. (a) A physical therapist may treat
12	18		a patient for an injury or condition in a manner described by
13	19		Section 453.005 without a [that was the subject of a prior] referral
14	20		if the physical therapist:
15	21		(1) has been licensed to practice physical therapy for
16	22		at least one year;
17	23		(2) is covered by professional liability insurance in
18	24		the minimum amount required by board rule [notifies the referring
19	25		practitioner of the therapy not later than the fifth business day
20	26		after the date therapy is begun]; and
21	27		(3) either:
22	28		(A) possesses a doctoral degree in physical
23	29		therapy from:
24	30		(i) a program that is accredited by the
25	31		Commission on Accreditation in Physical Therapy Education; or
26	32		(ii) an institution that is accredited by
27	33		an agency or association recognized by the United States secretary
28	34		of education; or
29	35		(B) has completed at least 30 hours of continuing
30	36		competence activities in the area of differential diagnosis.
31	37		(a-1) Except as provided by Subsection (a-2), a physical
32	38		therapist may treat a patient under Subsection (a) [begins any
33	39		episode of treatment before the first anniversary of the referral
34	40		by the referring practitioner;
35	41		[(4) for physical therapy episodes subsequent to the
36	42		episode which was initiated by the referral, treats the patient]
37	43		for not more than 10 [20 treatment sessions or 30] consecutive
38	44		business [calendar] days[, whichever occurs first; and
39	45		[(5) satisfies any other requirement set by the
40	46		board].
41	47		(a-2) A physical therapist who possesses a doctoral degree
42	48		described by Subsection (a)(3)(A) and has completed a residency or
43	49		fellowship may treat a patient under Subsection (a) for not more
44	50		than 15 consecutive business days.
45	51		(b) The physical therapist must obtain a referral from a
46	52		[confer with the] referring practitioner before the physical
47	53		therapist may continue treatment that exceeds treatment authorized
48	54		under Subsection (a-1) or (a-2), as applicable [(a)(4)].
49	55		(c) A physical therapist who treats a patient without a
50	56		referral shall obtain from the patient a signed disclosure on a form
51	57		prescribed by the board in which the patient acknowledges that:
52	58		(1) physical therapy is not a substitute for a medical
53	59		diagnosis by a physician;
54	60		(2) physical therapy is not based on radiological
55	61		imaging;
56	62		(3) a physical therapist cannot diagnose an illness or
57	63		disease; and
58	64		(4) the patient's health insurance may not include
59	65		coverage for the physical therapist's services.
60	66		SECTION 2. Section 453.351(a), Occupations Code, is amended
61	67		to read as follows:
62	68		(a) The board may deny a license or suspend or revoke a
63	69		license, place a license holder on probation, reprimand a license
64	70		holder, impose an administrative penalty, or otherwise discipline a
65	71		license holder if the applicant or license holder has:
66	72		(1) except as provided by Section [453.301 or]
67	73		453.302, provided care [physical therapy] to a person outside the
68	74		scope of the physical therapist's practice [without a referral from
69	75		a referring practitioner];
70	76		(2) used drugs or intoxicating liquors to an extent
71	77		that affects the license holder's or applicant's professional
72	78		competence;
73	79		(3) been convicted of a felony, including a finding or
74	80		verdict of guilty, an admission of guilt, or a plea of nolo
75	81		contendere, in this state or in any other state or nation;
76	82		(4) obtained or attempted to obtain a license by fraud
77	83		or deception;
78	84		(5) been grossly negligent in the practice of physical
79	85		therapy or in acting as a physical therapist assistant;
80	86		(6) been found to be mentally incompetent by a court;
81	87		(7) practiced physical therapy in a manner detrimental
82	88		to the public health and welfare;
83	89		(8) had a license to practice physical therapy revoked
84	90		or suspended or had other disciplinary action taken against the
85	91		license holder or applicant;
86	92		(9) had the license holder's or applicant's
87	93		application for a license refused, revoked, or suspended by the
88	94		proper licensing authority of another state or nation; or
89	95		(10) in the case of a physical therapist assistant,
90	96		treated a person other than under the direction of a physical
91	97		therapist.
92	98		SECTION 3. Not later than November 1, 2019, the Texas Board
93	99		of Physical Therapy Examiners shall adopt rules necessary to
94	100		implement Section 453.301, Occupations Code, as amended by this
95	101		Act.
96	102		SECTION 4. Section 453.301(c), Occupations Code, as added
97	103		by this Act, applies only to treatment by a physical therapist that
98	104		is provided on or after November 1, 2019. Treatment that is
99	105		provided before November 1, 2019, is governed by the law in effect
100	106		on the date the treatment was provided, and the former law is
101	107		continued in effect for that purpose.
102	108		SECTION 5. This Act takes effect September 1, 2019.
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