83R5484 MAW-F
 
  By: Rodriguez S.B. No. 402
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of the practice of physical therapy.
         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 without a [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)  is covered by professional liability insurance in
  the minimum amount required by board rule [notifies the referring
  practitioner of the therapy not later than the fifth business day
  after the date therapy is begun]; and
               (3)  either:
                     (A)  possesses a doctoral degree in physical
  therapy from:
                           (i)  a program that is accredited by the
  Commission on Accreditation in Physical Therapy Education; or
                           (ii)  an institution that is accredited by
  an agency or association recognized by the United States secretary
  of education; or
                     (B)  has completed at least 30 hours of continuing
  competence activities in the area of differential diagnosis.
         (a-1)  A physical therapist may treat a patient under
  Subsection (a) [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 45 [30] consecutive
  calendar days, whichever occurs first [; and
               [(5)     satisfies any other requirement set by the
  board].
         (b)  The physical therapist must obtain a referral from a
  [confer with the] referring practitioner before the physical
  therapist may continue treatment that exceeds treatment authorized
  under Subsection (a-1) [(a)(4)].
         SECTION 2.  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 3.  This Act takes effect September 1, 2013.