STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1020	By:	Cox

AS INTRODUCED

An Act relating to professions and occupations; amending 59 O.S. 2011, Sections 887.13 and 887.17, as amended by Section 2, Chapter 29, O.S.L. 2012 (59 O.S. Supp. 2012, Section 887.17), which relate to the Physical Therapy Practice Act; expanding referral list; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2011, Section 887.13, is amended to read as follows:
Section 887.13  The State Board of Medical Licensure and Supervision may refuse to issue or renew, or may suspend or revoke a license to any person, after notice and hearing in accordance with rules and regulations promulgated pursuant to the Physical Therapy Practice Act and the provisions of the Administrative Procedures Act of the Oklahoma Statutes who has:
1.  Practiced physical therapy other than under the referral of a physician, surgeon, dentist, chiropractor or podiatrist duly licensed to practice medicine or surgery, a physician assistant, an Advanced Practice Registered Nurse, or in the case of practice as a physical therapist assistant, has practiced other than under the direction of a licensed physical therapist;
2.  Treated or attempted to treat ailments or other health conditions of human beings other than by physical therapy as authorized by the Physical Therapy Practice Act;
3.  Failed to refer patients to other health care providers if symptoms are known to be present for which physical therapy treatment is inadvisable or if symptoms indicate conditions for which treatment is outside the standards of practice as specified in the rules and regulations promulgated by the Board pursuant to the provisions of the Physical Therapy Practice Act;
4.  Used drugs, narcotics, medication, or intoxicating liquors to an extent which affects the professional competency of the applicant or licensee;
5.  Been convicted of a felony or of a crime involving moral turpitude;
6.  Obtained or attempted to obtain a license as a physical therapist or physical therapist assistant by fraud or deception;
7.  Been grossly negligent in the practice of physical therapy or in acting as a physical therapist assistant;
8.  Been adjudged mentally incompetent by a court of competent jurisdiction and has not subsequently been lawfully declared sane;
9.  Been guilty of conduct unbecoming a person licensed as a physical therapist or physical therapist assistant or guilty of conduct detrimental to the best interests of the public or the profession;
10.  Been guilty of any act in conflict with the ethics of the profession of physical therapy; or
11.  Had a license suspended or revoked in another state.
SECTION 2.     AMENDATORY     59 O.S. 2011, Section 887.17, as amended by Section 2, Chapter 29, O.S.L. 2012 (59 O.S. Supp. 2012, Section 887.17), is amended to read as follows:
Section 887.17  A.  1.  Any person licensed under the Physical Therapy Practice Act as a physical therapist or physical therapist assistant shall treat human ailments by physical therapy only under the referral of a person licensed as a physician or surgeon with unlimited license, or the physician assistant or Advanced Practice Registered Nurse of the person so licensed, and Doctors of Dentistry, Chiropractic and Podiatry, with those referrals being limited to their respective areas of training and practice; provided, however, a physical therapist may provide services within the scope of physical therapy practice without a physician referral to children who receive physical therapy services pursuant to the Individuals with Disabilities Education Improvement Act of 2004, as may be amended, and the Rehabilitation Act of 1973, Section 504, as may be amended.  Provided further, a plan of care developed by a person authorized to provide services within the scope of the Physical Therapy Practice Act shall be deemed to be a prescription for purposes of providing services pursuant to the provisions of the Individuals with Disabilities Education Improvement Act of 2004, as may be amended, and Section 504 of the Rehabilitation Act of 1973, as may be amended.
2.  Nothing in the Physical Therapy Practice Act shall prevent a physical therapist from performing screening and educational procedures within the scope of physical therapy practice without a physician referral.
3.  Nothing in the Physical Therapy Practice Act shall prevent a physical therapist from performing services that are provided for the purpose of fitness, wellness, or prevention that is not related to the treatment of an injury or ailment.
4.  Nothing in the Physical Therapy Practice Act shall be construed as authorization for a physical therapist or physical therapist assistant to practice any branch of the healing art.
5.  Any person violating the provisions of the Physical Therapy Practice Act shall be guilty of a misdemeanor as per Section 887.16 of this title.
B.  1.  The provisions of the Physical Therapy Practice Act are not intended to limit the activities of persons legitimately engaged in the nontherapeutic administration of baths, massage, and normal exercise.
2.  The Physical Therapy Practice Act shall not prohibit students who are enrolled in schools of physical therapy approved by the State Board of Medical Licensure and Supervision from performing such work as is incidental to their course of study; nor shall it prevent any student in any recognized school of the healing art in carrying out prescribed courses of study; provided such school is a recognized institution by the statutes of Oklahoma, and its practitioners are duly licensed as prescribed by law.
3.  Nothing in the Physical Therapy Practice Act shall apply to any person employed by an agency, bureau, or division of the federal government while in the discharge of official duties,; however, if such individual engages in the practice of physical therapy outside the line of official duty, the individual must be licensed as herein provided.
SECTION 3.  This act shall become effective November 1, 2013.

54-1-5094	AM	01/02/13