| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain treatment by a physical therapist. |
|
|
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. TREATING PATIENT WITHIN SCOPE OF PRACTICE |
|
|
[UNDER PRIOR REFERRAL]. (a) A physical therapist may treat a |
|
|
patient for an injury or condition that is within the physical |
|
|
therapist's scope of practice under Section 453.005 or a board rule |
|
|
[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 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 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 an appropriate |
|
|
health care [the referring] practitioner before the physical |
|
|
therapist may continue treatment if there is not a significant |
|
|
functional improvement in the patient's condition within a |
|
|
reasonable and predictable time [that exceeds treatment authorized
|
|
|
under Subsection (a)(4)]. |
|
|
SECTION 2. The heading to Section 453.302, Occupations |
|
|
Code, is amended to read as follows: |
|
|
Sec. 453.302. EMERGENCY TREATMENT OF [TREATING] PATIENT |
|
|
[WITHOUT REFERRAL]. |
|
|
SECTION 3. Sections 453.302(b) and (c), Occupations Code, |
|
|
are amended to read as follows: |
|
|
(b) In an emergency circumstance, including a minor |
|
|
emergency, a physical therapist may provide, without conferring |
|
|
with another health care practitioner, emergency medical care to a |
|
|
person to the best of the therapist's ability to stabilize the |
|
|
person's condition and to prevent or minimize further harm or |
|
|
exacerbation of the person's condition [without a referral from a
|
|
|
referring practitioner]. |
|
|
(c) A physical therapist providing emergency medical care |
|
|
to a person under Subsection (b) shall confer, as soon as |
|
|
practicable, with an appropriate health care practitioner |
|
|
regarding the emergency and refer the person to an appropriate |
|
|
health care [may provide physical assessments or instructions to an
|
|
|
asymptomatic person without a referral from a referring] |
|
|
practitioner. |
|
|
SECTION 4. 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 5. This Act takes effect September 1, 2007. |