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A BILL TO BE ENTITLED
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AN ACT
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relating to certain treatment by a physical therapist. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 453.301, Occupations Code, is amended to |
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read as follows: |
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Sec. 453.301. TREATING PATIENT WITHIN SCOPE OF PRACTICE |
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[UNDER PRIOR REFERRAL]. (a) A physical therapist may treat a |
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patient for an injury or condition that is within the physical |
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therapist's scope of practice under Section 453.005 or a board rule |
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[was the subject of a prior referral if the physical therapist:
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[(1)
has been licensed to practice physical therapy
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for at least one year;
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[(2)
notifies the referring practitioner of the
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therapy not later than the fifth business day after the date therapy
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is begun;
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[(3)
begins any episode of treatment before the first
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anniversary of the referral by the referring practitioner;
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[(4)
for physical therapy episodes subsequent to the
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episode which was initiated by the referral, treats the patient for
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not more than 20 treatment sessions or 30 consecutive calendar
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days, whichever occurs first; and
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[(5)
satisfies any other requirement set by the
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board]. |
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(b) The physical therapist must confer with an appropriate |
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health care [the referring] practitioner before the physical |
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therapist may continue treatment if there is not a significant |
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functional improvement in the patient's condition within a |
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reasonable and predictable time [that exceeds treatment authorized
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under Subsection (a)(4)]. |
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SECTION 2. The heading to Section 453.302, Occupations |
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Code, is amended to read as follows: |
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Sec. 453.302. EMERGENCY TREATMENT OF [TREATING] PATIENT |
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[WITHOUT REFERRAL]. |
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SECTION 3. Sections 453.302(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) In an emergency circumstance, including a minor |
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emergency, a physical therapist may provide, without conferring |
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with another health care practitioner, emergency medical care to a |
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person to the best of the therapist's ability to stabilize the |
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person's condition and to prevent or minimize further harm or |
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exacerbation of the person's condition [without a referral from a
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referring practitioner]. |
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(c) A physical therapist providing emergency medical care |
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to a person under Subsection (b) shall confer, as soon as |
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practicable, with an appropriate health care practitioner |
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regarding the emergency and refer the person to an appropriate |
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health care [may provide physical assessments or instructions to an
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asymptomatic person without a referral from a referring] |
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practitioner. |
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SECTION 4. Section 453.351(a), Occupations Code, is amended |
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to read as follows: |
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(a) The board may deny a license or suspend or revoke a |
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license, place a license holder on probation, reprimand a license |
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holder, impose an administrative penalty, or otherwise discipline a |
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license holder if the applicant or license holder has: |
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(1) except as provided by Section [453.301 or] |
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453.302, provided care [physical therapy] to a person outside the |
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scope of the physical therapist's practice [without a referral from
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a referring practitioner]; |
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(2) used drugs or intoxicating liquors to an extent |
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that affects the license holder's or applicant's professional |
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competence; |
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(3) been convicted of a felony, including a finding or |
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verdict of guilty, an admission of guilt, or a plea of nolo |
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contendere, in this state or in any other state or nation; |
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(4) obtained or attempted to obtain a license by fraud |
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or deception; |
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(5) been grossly negligent in the practice of physical |
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therapy or in acting as a physical therapist assistant; |
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(6) been found to be mentally incompetent by a court; |
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(7) practiced physical therapy in a manner detrimental |
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to the public health and welfare; |
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(8) had a license to practice physical therapy revoked |
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or suspended or had other disciplinary action taken against the |
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license holder or applicant; |
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(9) had the license holder's or applicant's |
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application for a license refused, revoked, or suspended by the |
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proper licensing authority of another state or nation; or |
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(10) in the case of a physical therapist assistant, |
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treated a person other than under the direction of a physical |
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therapist. |
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SECTION 5. This Act takes effect September 1, 2009. |