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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the practice of physical therapy. |
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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 without a [was
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the subject of a prior] referral if the physical therapist: |
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(1) has been licensed to practice physical therapy for |
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at least one year; |
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(2) is covered by professional liability insurance in |
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the minimum amount required by board rule [notifies the referring
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practitioner of the therapy not later than the fifth business day
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after the date therapy is begun]; and |
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(3) either: |
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(A) possesses a doctoral degree in physical |
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therapy from: |
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(i) a program that is accredited by the |
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Commission on Accreditation in Physical Therapy Education; or |
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(ii) an institution that is accredited by |
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an agency or association recognized by the United States secretary |
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of education; or |
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(B) has completed at least 30 hours of continuing |
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competence activities in the area of differential diagnosis. |
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(a-1) A physical therapist may treat a patient under |
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Subsection (a) [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] |
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for not more than 20 treatment sessions or 45 [30] consecutive |
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calendar 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 obtain a referral from a |
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[confer with the] referring practitioner before the physical |
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therapist may continue treatment that exceeds treatment authorized |
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under Subsection (a-1) [(a)(4)]. |
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SECTION 2. 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 3. This Act takes effect September 1, 2013. |