Bill Text: TX HB29 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of the practice of physical therapy.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB29 Detail]

Download: Texas-2019-HB29-Comm_Sub.html
  86R28887 MAW-F
  By: Minjarez, Klick, Moody, Coleman, Parker, H.B. No. 29
      et al.
  Substitute the following for H.B. No. 29:
  By:  Coleman C.S.H.B. No. 29
  relating to the regulation of the practice of physical therapy.
         SECTION 1.  Section 453.301, Occupations Code, is amended to
  read as follows:
  PATIENT UNDER PRIOR REFERRAL]. (a) A physical therapist may treat
  a patient for an injury or condition in a manner described by
  Section 453.005 without a [that 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)  Except as provided by Subsection (a-2), 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 10 [20 treatment sessions or 30] consecutive
  business [calendar] days[, whichever occurs first ; and
               [(5)     satisfies any other requirement set by the
         (a-2)  A physical therapist who possesses a doctoral degree
  described by Subsection (a)(3)(A) and has completed a residency or
  fellowship may treat a patient under Subsection (a) for not more
  than 15 consecutive business days.
         (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) or (a-2), as applicable [(a)(4)].
         (c)  A physical therapist who treats a patient without a
  referral shall obtain from the patient a signed disclosure on a form
  prescribed by the board in which the patient acknowledges that:
               (1)  physical therapy is not a substitute for a medical
  diagnosis by a physician;
               (2)  physical therapy is not based on radiological
               (3)  a physical therapist cannot diagnose an illness or
  disease; and
               (4)  the patient's health insurance may not include
  coverage for the physical therapist's services.
         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
               (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
         SECTION 3.  Not later than November 1, 2019, the Texas Board
  of Physical Therapy Examiners shall adopt rules necessary to
  implement Section 453.301, Occupations Code, as amended by this
         SECTION 4.  Section 453.301(c), Occupations Code, as added
  by this Act, applies only to treatment by a physical therapist that
  is provided on or after November 1, 2019. Treatment that is
  provided before November 1, 2019, is governed by the law in effect
  on the date the treatment was provided, and the former law is
  continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2019.