SB305: Bill Text

SB305, s. 9 Section 9. 448.50 (1r) of the statutes is created to read:

SB305,7,11 448.50 (1r) "Diagnosis" means the result of an evaluation of a condition or impairment by neuromusculoskeletal examination or study of its symptoms for the purpose of a therapeutic intervention.

SB305, s. 10 Section 10. 448.50 (3m) of the statutes is created to read:

SB305,7,15 448.50 (3m) "Physical therapist assistant" means an individual who holds a license as a physical therapist assistant granted by the affiliated credentialing board.

SB305, s. 11 Section 11. 448.50 (4) of the statutes is renumbered 448.50 (4) (intro.) and amended to read:

SB305,7,23 448.50 (4) (intro.) "Physical therapy" means that branch or system of treating the sick which is limited to therapeutic exercises with or without assistive devices, and physical measures including heat and cold, air, water, light, sound, electricity and massage; and physical testing and evaluation. The use of roentgen rays and radium for any purpose, and the use of electricity for surgical purposes including cauterization, are not part of physical therapy. any of the following:

SB305, s. 12 Section 12. 448.50 (4) (a) to (d) of the statutes are created to read:

SB305,8,7 448.50 (4) (a) Examining, evaluating, or testing individuals with mechanical, physiological, or developmental impairments, functional limitations related to physical movement and mobility, disabilities, or other movement-related health conditions, in order to determine a diagnosis, prognosis, or plan of therapeutic intervention or to assess the ongoing effects of intervention. In this paragraph, "testing" means using standardized methods or techniques for gathering data about a patient.

SB305,8,9 (b) Alleviating impairments or functional limitations by instructing patients or designing, implementing, or modifying therapeutic interventions.

SB305,8,12 (c) Reducing the risk of injury, impairment, functional limitation, or disability, including by promoting or maintaining fitness, health, or quality of life in all age populations.

SB305,8,14 (d) Engaging in administration, consultation, or research that is related to any activity specified in pars. (a) to (c).

SB305, s. 13 Section 13. 448.50 (5) of the statutes is created to read:

SB305,8,16 448.50 (5) "Sexual misconduct with a patient" means any of the following:

SB305,8,18 (a) Engaging in or soliciting a consensual or nonconsensual sexual relationship with a patient.

SB305,8,20 (b) Making sexual advances toward, requesting sexual favors from, or engaging in other verbal conduct or physical contact of a sexual nature with a patient.

SB305,8,22 (c) Intentionally viewing a completely or partially disrobed patient during the course of treatment if the viewing is not related to diagnosis or treatment.

SB305, s. 14 Section 14. 448.50 (6) of the statutes is created to read:

SB305,9,3 448.50 (6) "Therapeutic intervention" means the purposeful and skilled interaction between a physical therapist, patient, and, if appropriate, individuals involved in the patient's care, using physical therapy procedures or techniques that are intended to produce changes in the patient's condition and that are consistent with diagnosis and prognosis.

SB305, s. 15 Section 15. 448.51 (1) of the statutes is amended to read:

SB305,9,11 448.51 (1) Except as provided in s. 448.52, no person may practice physical therapy or designate himself or herself as a physical therapist or use or assume the title "physical therapist" or "physiotherapist" or "physical therapy technician" or append to the person's name the letters "P.T.", "P.T.T." or "R.P.T." or any other title, letters or designation which represents or may tend to represent the person as a physical therapist unless the person is licensed as a physical therapist under this subchapter.

SB305, s. 16 Section 16. 448.51 (1e) of the statutes is created to read:

SB305,9,20 448.51 (1e) No person may designate himself or herself as a physical therapist or use or assume the title "physical therapist," "physiotherapist," "physical therapy technician," "licensed physical therapist," "registered physical therapist," "master of physical therapy," "master of science in physical therapy," or "doctorate in physical therapy," or append to the person's name the letters "P.T.," "P.T.T.," "L.P.T.," "R.P.T.," "M.P.T.," "M.S.P.T.," or "D.P.T.," or any other title, letters, or designation which represents or may tend to represent the person as a physical therapist, unless the person is licensed as a physical therapist under this subchapter.

SB305, s. 17 Section 17. 448.51 (1s) of the statutes is created to read:

SB305,9,24 448.51 (1s) No person may designate himself or herself as a physical therapist assistant, use or assume the title "physical therapist assistant," or append to the person's name the letters "P.T.A." or any other title, letters, or designation that represents or may tend to represent the person as a physical therapist assistant unless the person is licensed as a physical therapist assistant under this subchapter.

SB305, s. 18 Section 18. 448.51 (2) (a) of the statutes is amended to read:

SB305,10,7 448.51 (2) (a) In this subsection, "advertisement" includes advertisements that appear on outdoor signs, in print or electronic media, and in material mailed to a person other than a patient, client, or prospective patient or client who has requested the material.

SB305, s. 19 Section 19. 448.51 (2) (b) of the statutes is amended to read:

SB305,10,11 448.51 (2) (b) Except as provided in par. (c), no person may claim to render physical therapy or physiotherapy services unless the person is licensed as a physical therapist under this subchapter.

SB305, s. 20 Section 20. 448.52 (3) of the statutes is repealed.

SB305, s. 21 Section 21. 448.52 (4) of the statutes is amended to read:

SB305,10,17 448.52 (4) A physical therapy student practicing assisting a physical therapist in the practice of physical therapy or a physical therapist assistant student assisting a physical therapist in performing physical therapy procedures and related tasks, if the assistance is within the scope of the student's education or training.

SB305, s. 22 Section 22. 448.527 of the statutes is created to read:

SB305,10,21 448.527 Code of ethics. The affiliated credentialing board shall promulgate rules establishing a code of ethics governing the professional conduct of physical therapists and physical therapist assistants.

SB305, s. 23 Section 23. 448.53 (1) (f) of the statutes is created to read:

SB305,11,2 448.53 (1) (f) If the person was educated at a physical therapy school that is not in the United States, the person satisfies any additional requirements for demonstrating competence to practice physical therapy that the affiliated credentialing board may establish by rule.

SB305, s. 24 Section 24. 448.535 of the statutes is created to read:

SB305,11,6 448.535 Licensure of physical therapist assistants. (1) The affiliated credentialing board shall grant a license as a physical therapist assistant to a person who does all of the following:

SB305,11,8 (a) Submits an application for the license to the department on a form provided by the department.

SB305,11,9 (b) Pays the fee specified in s. 440.05 (1).

SB305,11,12 (c) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the affiliated credentialing board that the applicant does not have an arrest or conviction record.

SB305,11,15 (d) Submits evidence satisfactory to the affiliated credentialing board that the applicant is a graduate of a physical therapist assistant educational program accredited by an agency that is approved by the affiliated credentialing board.

SB305,11,16 (e) Passes an examination under s. 448.54.

SB305,11,23 (2) The affiliated credentialing board may waive a requirement under sub. (1) (d) or (e), or both, for an applicant who establishes to the satisfaction of the affiliated credentialing board that he or she is licensed as a physical therapist assistant by another licensing jurisdiction in the United States. The affiliated credentialing board shall promulgate rules for granting a waiver under this subsection. The rules may require an applicant to satisfy additional requirements as a condition for granting a waiver.

SB305, s. 25 Section 25. 448.54 (1) of the statutes is amended to read:

SB305,12,4 448.54 (1) The affiliated credentialing board shall conduct or arrange for examinations for physical therapist and physical therapist assistant licensure at least semiannually and at times and places determined by the affiliated credentialing board.

SB305, s. 26 Section 26. 448.54 (2) of the statutes is renumbered 448.54 (2) (a) and amended to read:

SB305,12,10 448.54 (2) (a) Except as provided in sub. (3), examinations for physical therapist licensure shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in subjects substantially related to the practice of physical therapy.

SB305, s. 27 Section 27. 448.54 (2) (b) of the statutes is created to read:

SB305,12,14 448.54 (2) (b) Examinations for physical therapist assistant licensure shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in the technical application of physical therapy services.

SB305, s. 28 Section 28. 448.54 (3) of the statutes is amended to read:

SB305,12,21 448.54 (3) The Notwithstanding s. 448.53 (1) (f), the affiliated credentialing board may not require an applicant for physical therapist licensure to take an oral examination or an examination to test proficiency in the English language for the sole reason that the applicant was educated at a physical therapy school that is not in the United States if the applicant establishes, to the satisfaction of the affiliated credentialing board, that he or she satisfies the requirements under s. 448.53 (3).

SB305, s. 29 Section 29. 448.55 (2) of the statutes is amended to read:

SB305,13,3 448.55 (2) The renewal dates for licenses granted under this subchapter, other than temporary licenses granted under rules promulgated under s. 448.53 (2), are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) and proof of compliance with the requirements established in any rules promulgated under sub. (3).

SB305, s. 30 Section 30. 448.55 (3) of the statutes is created to read:

SB305,13,7 448.55 (3) The affiliated credentialing board shall promulgate rules that require an applicant for renewal of a license to demonstrate continued competence as a physical therapist or physical therapist assistant.

SB305, s. 31 Section 31. 448.56 (1m) of the statutes is created to read:

SB305,13,12 448.56 (1m) Duty to Refer. (a) A physical therapist shall refer a patient to an appropriate health care practitioner if the physical therapist has reasonable cause to believe that symptoms or conditions are present that require services beyond the scope of the practice of physical therapy.

SB305,13,17 (b) The affiliated credentialing board shall promulgate rules establishing the requirements that a physical therapist must satisfy if a physician, chiropractor, dentist, or podiatrist makes a written referral under sub. (1). The purpose of the rules shall be to ensure continuity of care between the physical therapist and the health care practitioner.

SB305, s. 32 Section 32. 448.56 (4) of the statutes is created to read:

SB305,13,20 448.56 (4) Responsibility. A physical therapist is responsible for managing all aspects of the physical therapy care of each patient under his or her care.

SB305, s. 33 Section 33. 448.56 (5) of the statutes is created to read:

SB305,13,23 448.56 (5) Patient records. A physical therapist shall create and maintain a patient record for every patient the physical therapist examines or treats.

SB305, s. 34 Section 34. 448.56 (6) of the statutes is created to read:

SB305,14,4 448.56 (6) Physical therapist assistants. A physical therapist assistant may assist in the practice of physical therapy only under the direct or general supervision of a physical therapist. The affiliated credentialing board shall promulgate rules defining "direct or general supervision" for purposes of this subsection.

SB305, s. 35 Section 35. 448.565 of the statutes is created to read:

SB305,14,8 448.565 Complaints. The affiliated credentialing board shall promulgate rules establishing procedures and requirements for filing complaints against licensees and shall publicize the procedures and requirements.

SB305, s. 36 Section 36. 448.567 of the statutes is created to read:

SB305,14,12 448.567 Performance audits. The affiliated credentialing board shall promulgate rules that require the affiliated credentialing board on a periodic basis to conduct performance self-audits of its activities under this subchapter.

SB305, s. 37 Section 37. 448.57 (2) (am) of the statutes is created to read:

SB305,14,15 448.57 (2) (am) Interfered with an investigation or disciplinary proceeding by using threats, harassment, or intentional misrepresentation of facts.

SB305, s. 38 Section 38. 448.57 (2) (b) of the statutes is amended to read:

SB305,14,19 448.57 (2) (b) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of physical therapy or assisting in the practice of physical therapy.

SB305, s. 39 Section 39. 448.57 (2) (bm) of the statutes is created to read:

SB305,14,21 448.57 (2) (bm) Been adjudicated mentally incompetent by a court.

SB305, s. 40 Section 40. 448.57 (2) (e) of the statutes is amended to read:

SB305,14,25 448.57 (2) (e) Subject to ss. 111.321, 111.322, and 111.34, practiced or assisted in the practice of physical therapy while the applicant's or licensee's ability to practice or assist was impaired by alcohol or other drugs.

SB305, s. 41 Section 41. 448.57 (2) (f) of the statutes is amended to read:

SB305,15,3 448.57 (2) (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 448.527.

SB305, s. 42 Section 42. 448.57 (2) (fm) of the statutes is created to read:

SB305,15,5 448.57 (2) (fm) Engaged in sexual misconduct with a patient.

SB305, s. 43 Section 43. 448.57 (2) (g) of the statutes is amended to read:

SB305,15,9 448.57 (2) (g) Engaged in conduct while practicing or assisting in the practice of physical therapy which evidences a lack of knowledge or ability to apply professional principles or skills.

SB305, s. 44 Section 44. 448.57 (3) of the statutes is created to read:

SB305,15,15 448.57 (3) (a) A licensee may voluntarily surrender his or her license to the affiliated credentialing board, which may refuse to accept the surrender if the affiliated credentialing board has received allegations of unprofessional conduct against the licensee. The affiliated credentialing board may negotiate stipulations in consideration for accepting the surrender of licenses.

SB305,15,18 (b) The affiliated credentialing board may restore a license that has been voluntarily surrendered under par. (a) on such terms and conditions as it considers appropriate.

SB305, s. 45 Section 45. 448.57 (4) of the statutes is created to read:

SB305,15,22 448.57 (4) The affiliated credentialing board shall prepare and disseminate to the public an annual report that describes final disciplinary action taken against licensees during the preceding year.

SB305, s. 46 Section 46. 448.57 (5) of the statutes is created to read:

SB305,16,3 448.57 (5) The affiliated credentialing board may report final disciplinary action taken against a licensee to any national database that includes information about disciplinary action taken against health care professionals.