By: Farabee H.B. No. 3332
A BILL TO BE ENTITLED
AN ACT
relating to patient choice and prompt and more cost effective
access to physical therapy services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Chapter 453, Subchapter G, of the
Occupations Code is amended to read as follows:
SUBCHAPTER G. PRACTICE BY LICENSE HOLDER
Sec. 453.301. TREATING PATIENT UNDER PRIOR REFERRAL WITHIN
SCOPE OF PRACTICE
(a) A physical therapist, as defined under Section 453.001.
may treat a patient for an-any injury or condition that is within
the scope of practice for a physical therapist as set forth in
Section 453.095 and the rules and regulations adopted by the Texas
Board of Physical Therapy Examiners. 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) notifies the referring practitioner of the therapy
not later than the fifth business day after the date therapy is
begun;
(3) begins any episode of treatment before the first
anniversary of 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 30 consecutive calendar
days, whichever occurs first; and
(5) satisfies any other requirement set by the board.
(b) The physical therapist must confer with the referring
appropriate healthcare practitioner before the physical therapist
may continue treatment in any instance in which there has not been
significant functional improvement in a reasonable and predictable
period of time. that exceeds treatment authorized under Subsection
(a)(4).
Sec. 453.302. TREATING PATIENT WITHOUT-REFERRAL IN AN
EMERGENCY CIRCUMSTANCE.
(a) In this section:
(1) "Emergency circumstance" means an instance in
which emergency medical care is necessary.
(2) "Emergency medical care" means a bona fide
emergency service provided after the sudden onset of a medical
condition manifesting itself by acute symptoms of sufficient
severity, including severe pain, such that the absence of immediate
medical attention could reasonably be expected to result in:
(A) serious jeopardy to the patient's health;
(B) serious dysfunction of any bodily organ or
part; or
(C) serious impairment to bodily functions.
(b) In an emergency circumstance, including a minor
emergency, a physical therapist may provide emergency medical care
to a person to the best of the therapist's ability without a
referral from a referringconferring with another healthcare
practitioner to stabilize the person's condition so as to prevent
or minimize further harm or exacerbation of the condition.
(c) A physical therapist who provides emergency medical
care as authorized tinder Section 453.302(b) shall as soon as
possible confer with and refer to all appropriate healthcare
practitioner regarding the person's emergency circumstances.
may-provide physical assessments or instructions to an
asymptomatic person without a referral from a referring physician.
Sec. 453.303. PROHIBITED USE OF CERTAIN PROCEDURES. In
practicing physical therapy, a person may not use:
(1) roentgen rays or radium for a diagnostic or
therapeutic purpose; or
(2) electricity for a surgical purpose, including
cauterization.
Sec. 453.304. PROHIBITED PRACTICE. It is a violation of
this chapter for an individual licensed by the board to violate
Section 102.001.
SECTION 2. Title 3, Chapter 453, Subchapter H, of the
Occupations Code is amended to read as follows:
SUBCHAPTER H. DISCIPLINARY ACTION AND PROCEDURE
Sec. 453.351. GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINE
OF LICENSE HOLDER. (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 physical therapy care to a person without a referral from a
referring practitioner beyond the authorized scope of physical
therapy practice:
(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 y 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.
(b) The board shall revoke or suspend a license, place on
probation a person whose license has been suspended, or reprimand a
license holder for a violation of this chapter or a rule adopted by
the bard.
(c) If a license suspension is probated, the board may
require the license holder to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice to the areas prescribed by the
board; or
(3) continue to review continuing professional
education until the license holder attains a degree of skill
satisfactory to the board in those areas that are the basis of the
probation.
SECTION 3. EFFECTIVE DATE. September 1, 2005.