Bill Summary – FastDemocracy

PRINTER'S NO.    1697
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 1491
                                               Session of
                                                 2023
     INTRODUCED BY GALLAGHER, RABB, GUENST, SANCHEZ, KHAN, HILL-
        EVANS, BOROWSKI, MADDEN, HOHENSTEIN, CERRATO, CIRESI, KAZEEM
        AND GREEN, JUNE 22, 2023
     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 22, 2023
                                    AN ACT
 Amending the act of October 10, 1975 (P.L.383, No.110), entitled
    "An act relating to the practice of physical therapy,"
    further providing for definitions, for powers and duties of
    board, for training and license required and exceptions, for
    qualifications for license, examinations, failure of
    examinations, licensure without examination, issuing of
    license, foreign applicants for licensure, temporary license
    and perjury, for continuing education, for practice of
    physical therapy and for physical therapist assistant,
    education and examination, scope of duties and certification.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    The definition of "certificate of authorization"
 in section 2 of the act of October 10, 1975 (P.L.383, No.110),
 known as the Physical Therapy Practice Act, is amended to read:
    Section 2.    Definitions.--The following definitions shall
 apply, when used in this act, unless otherwise expressed
 therein:
    * * *
    ["Certificate of authorization" means a certificate, approved
 by the board, to practice physical therapy without a referral
 under section 9(a).]
    * * *
    Section 2.   Sections 3(a), 4(a), 6(a), 7.2, 9(b), (c) and (e)
 and 9.1(a) of the act are amended to read:
    Section 3.   Powers and Duties of Board.--(a)   It shall be the
 duty of the board to pass upon the qualifications of applicants
 for licensure as physical therapists and certification as
 physical therapist assistants, to conduct examinations, to issue
 and renew licenses [and certificates of authorization] to
 physical therapists and certificates to physical therapist
 assistants who qualify under this act, and in proper cases to
 refuse to issue, suspend or revoke the license [or certificate
 of authorization] of any physical therapist or certificate of
 any physical therapist assistant. The board may adopt rules and
 regulations not inconsistent with law as it may deem necessary
 for the performance of its duties and the proper administration
 of this law. The board is authorized and empowered to appoint
 hearing examiners and to conduct investigations and hearings
 upon charges for discipline of a licensee or certificate holder
 or for violations of this act and to cause, through the office
 of the Attorney General, the prosecution and enjoinder of
 individuals violating this act. The board shall maintain a
 register listing the name of every living physical therapist
 licensed to practice in this State, and every physical therapist
 assistant duly certified pursuant to section 9.1, such
 individual's last known place of residence, and the date and
 number of the physical therapist's license and the physical
 therapist assistant's certificate. Residential information shall
 not be considered a public record under the act of June 21, 1957
 (P.L.390, No.212), referred to as the Right-to-Know Law.
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    * * *
    Section 4.   Training and License Required; Exceptions.--(a)
 It shall be unlawful for an individual to practice or hold
 [himself] oneself out as being able to practice physical therapy
 in this State in any manner whatsoever unless such individual
 has met the educational requirements and is licensed in
 accordance with the provisions of this act. The board shall
 determine standards, by regulations, regarding qualifications
 necessary for the performance of such tests or treatment forms
 as the board shall determine require additional training or
 education beyond the educational requirements set forth by this
 act, as such relates to the practice of physical therapy in
 accordance with law. Nothing in this act, however, shall
 prohibit an individual trained and licensed or certified to
 practice or to act within the scope of his license or
 certification in this State under any other law, from engaging
 in the licensed or certified practice for which [he] the
 individual is trained.
    * * *
    Section 6.   Qualifications for License; Examinations; Failure
 of Examinations; Licensure Without Examination; Issuing of
 License; Foreign Applicants for Licensure; Temporary License;
 Perjury.--(a)   To be eligible for licensure as a physical
 therapist, an applicant must be at least 20 years of age unless
 otherwise determined by the board in its discretion, be of good
 moral character, not be addicted to the habitual use of alcohol
 or narcotics or other habit-forming drugs, and be a graduate of
 a school offering an educational program in physical therapy as
 adopted by the board, which program has been approved for the
 education and training of physical therapists by the appropriate
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 nationally recognized accrediting agency. In assessing the moral
 character of an applicant with a criminal conviction, the board
 shall conduct an individualized assessment in accordance with 63
 Pa.C.S. § 3113 (relating to consideration of criminal
 convictions). An applicant completing the professional study of
 physical therapy after 2002 must hold a minimum of a master's
 degree from a regionally accredited institution of higher
 education. An applicant completing the professional study of
 physical therapy between January 1967 and 2002 must hold a
 minimum of a baccalaureate degree from a regionally accredited
 institution of higher education. In the case of those applicants
 who have completed requirements prior to the first day of
 January, 1967, but who may not technically or totally fulfill
 the above requirements, the board at its discretion and by the
 majority vote of all members present may accept evidence of
 satisfactory equivalence. The board shall not issue a license to
 an applicant who has been convicted of a felony under the act of
 April 14, 1972 (P.L.233, No.64), known as "The Controlled
 Substance, Drug, Device and Cosmetic Act," or of an offense
 under the laws of another jurisdiction which, if committed in
 this Commonwealth, would be a felony under "The Controlled
 Substance, Drug, Device and Cosmetic Act," unless:
    (1)   at least ten years have elapsed from the date of
 conviction;
    (2)   the applicant satisfactorily demonstrates to the board
 that he has made significant progress in personal rehabilitation
 since the conviction such that licensure of the applicant should
 not be expected to create a substantial risk of harm to the
 health and safety of patients or the public or a substantial
 risk of further criminal violations; and
20230HB1491PN1697                  - 4 -
    (3)   the applicant otherwise satisfies the qualifications
 contained in or authorized by this act.
    As used in this subsection the term "convicted" includes a
 judgment, an admission of guilt or a plea of nolo contendere.
    * * *
    Section 7.2.   Continuing Education.--For each license
 renewal, a licensee shall complete within the immediately
 preceding two-year period at least 30 hours of continuing
 physical therapy education as approved by the board. The
 licensee shall provide the board with evidence of the completion
 of the continuing education. [A physical therapist who has met
 the continuing education requirements for a certificate of
 authorization set forth in section 9(c)(1) shall be deemed to
 have met the continuing education requirement for license
 renewal. No credit shall be given for any course in office
 management or practice building.]
    Section 9.   Practice of Physical Therapy.--* * *
    (b)   Licensees who meet the standards set forth in this
 subsection may [apply to the board for a certificate of
 authorization to] practice physical therapy under this act
 without the required referral under subsection (a). [A
 certificate of authorization to] To practice physical therapy
 without a referral under subsection (a) shall not authorize a
 physical therapist either to treat a condition in an individual
 which is a nonneurologic, nonmuscular or nonskeletal condition
 or to treat an individual who has an acute cardiac or acute
 pulmonary condition unless the physical therapist has consulted
 with the individual's licensed physician, dentist or podiatrist
 regarding the individual's condition and the physical therapy
 treatment plan or has referred the individual to a licensed
20230HB1491PN1697                  - 5 -
 physician, dentist or podiatrist for diagnosis and referral.
 [The certificate of authorization shall be issued only to
 licensed physical therapists practicing physical therapy. The
 certificate of authorization shall be displayed by the
 certificate holder in a manner conspicuous to the public. The
 renewal of the certificate of authorization shall coincide with
 the renewal of the license of the licensee. Licensees making
 application for a certificate of authorization] To practice
 physical therapy under this subsection, a licensee shall present
 satisfactory evidence to the board of all of the following:
    (1)    That the licensee has[:
    (i)]   passed an examination for licensure to practice
 physical therapy, which examination included testing on the
 appropriate evaluative procedures to treat an individual without
 a referral.[; or
    (ii)   passed an examination for licensure to practice
 physical therapy prior to 1990 and successfully completed a
 course approved by the board on the appropriate evaluative
 procedures to treat an individual without a referral.
    (2)    That the licensee has:
    (i)    practiced physical therapy as a licensed physical
 therapist in the delivery of patient care in accordance with
 this act on a continuous basis for at least two years
 immediately preceding the application for a certificate of
 authorization;
    (ii)   been licensed under section 6(d.1) and has practiced
 physical therapy in the delivery of patient care as a licensed
 physical therapist in a reciprocal state on a continuous basis
 for at least two years immediately preceding the application for
 a certificate of authorization; or
20230HB1491PN1697                   - 6 -
    (iii)     provided proof of meeting the standards of clause (i)
 or (ii) of this paragraph through the application of any
 combination thereof.]
    (3)    That the license of that licensee has been maintained in
 good standing.
    (4)    That the licensee has professional liability insurance
 in accordance with the following provisions:
    (ii)    A licensee shall notify the board within 30 days of the
 licensee's failure to be covered by the required insurance.
 Failure to notify the board shall be actionable under section 11
 or 12. [Further, the certificate of authorization of that
 licensee shall automatically be suspended upon failure to be
 covered by the required insurance and shall not be restored
 until submission to the board of satisfactory evidence that the
 licensee has the required professional liability insurance
 coverage.]
    (iii)     The board shall accept from licensees as satisfactory
 evidence of insurance coverage under this subsection any or all
 of the following: self-insurance, personally purchased
 professional liability insurance, professional liability
 insurance coverage provided by the licensee's employer or any
 similar type of coverage.
    (iii.1)    A licensee under this act, practicing in this
 Commonwealth, shall maintain a level of professional liability
 insurance coverage in the minimum amount of $1,000,000 per
 occurrence or claims made. Failure to maintain insurance
 coverage as required shall subject the licensee to disciplinary
 proceedings. The board shall accept as satisfactory evidence of
 insurance coverage any of the following:
    (A)    self-insurance;
20230HB1491PN1697                    - 7 -
    (B)    personally purchased liability insurance; or
    (C)    professional liability insurance coverage provided by
 the physical therapist's employer or similar insurance coverage
 acceptable to the board.
    (iii.2)    A license applicant shall provide proof that the
 applicant has obtained professional liability insurance in
 accordance with subparagraph (iii.1). It is sufficient if the
 applicant files with the application a copy of a letter from the
 applicant's professional liability insurance carrier indicating
 that the applicant will be covered against professional
 liability in the required amounts effective upon the issuance of
 the applicant's license to practice physical therapy in this
 Commonwealth.
    (iii.3)    Upon issuance of a license, a licensee has 30 days
 to submit to the board the certificate of insurance or a copy of
 the policy declaration page.
    (iv)    The board shall adopt, by regulation, standards and
 procedures established by the Insurance Commissioner for self-
 insurance. In the absence of these standards and procedures, the
 board, after consultation with the Insurance Commissioner, shall
 establish standards and procedures by regulation for self-
 insurance under this subsection.
    [(c)    (1)   For each renewal of the certificate of
 authorization, the licensee shall complete within the
 immediately preceding two-year period at least 30 hours of
 continuing physical therapy education related to keeping the
 certificate holder apprised of advancements and new developments
 in the practice of the physical therapy profession. At least ten
 of the 30 hours shall be in appropriate evaluative procedures to
 treat an individual without a referral. No credit shall be given
20230HB1491PN1697                    - 8 -
 for any course in office management or practice building. The
 licensee shall provide the board with evidence of the completion
 of the continuing education.
    (2)   Continuing education programs and program providers
 under this subsection shall be approved by the board in
 accordance with standards and criteria established by the board
 by regulation. The regulation shall include any fees necessary
 to implement this provision and provide for waiver of the
 continuing education requirement due to illness or hardship in
 any licensing renewal period.]
    * * *
    (e)   A physical therapist may treat an individual without a
 referral as provided for in subsection (b) for up to [30] 60
 days from the date of the first treatment. A physical therapist
 shall not treat an individual beyond [30] 60 days from the date
 of the first treatment unless he or she has obtained a referral
 from a licensed physician; a licensed physician assistant
 practicing pursuant to a written agreement with a physician; a
 certified registered nurse practitioner practicing pursuant to a
 collaborative agreement with a physician; or a licensed dentist
 or licensed podiatrist, for the treatment of a condition that is
 within the scope of practice of dentistry or podiatry. The date
 of the first treatment for purposes of this subsection is the
 date the individual is treated by any physical therapist
 treating without a referral.
    * * *
    Section 9.1.   Physical Therapist Assistant; Education and
 Examination; Scope of Duties; Certification.--(a)   To be
 eligible for certification by the board as a physical therapist
 assistant, an applicant must be at least 18 years of age unless
20230HB1491PN1697                   - 9 -
 otherwise determined by the board, be of good moral character,
 not be addicted to the habitual use of alcohol or narcotics or
 other habit-forming drugs, be a graduate of a physical therapist
 assistant program adopted by the board, which program has been
 approved for the education and training for physical therapist
 assistants by the appropriate nationally recognized accrediting
 agency and be successful in passing an examination approved by
 the board, subject to rules and regulations established by the
 board and administered in accordance with section 812.1 of the
 act of April 9, 1929 (P.L.177, No.175), known as "The
 Administrative Code of 1929." In assessing the moral character
 of an applicant with a criminal conviction, the board shall
 conduct an individualized assessment in accordance with 63
 Pa.C.S. § 3113 (relating to consideration of criminal
 convictions). Applicants eligible to register with the board
 shall be deemed eligible for certification by the board until
 such time as the board promulgates any regulation regarding
 certification. No applicant shall be certified unless [he] the
 applicant has attained passing scores established by the board