Bill Summary – FastDemocracy

PRINTER'S NO.    1340
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                        SENATE BILL
                        No. 1042
                                               Session of
                                                 2024
     INTRODUCED BY BROWN, CULVER, HUTCHINSON, COSTA, SCHWANK AND
        ARGALL, JANUARY 29, 2024
     REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
        JANUARY 29, 2024
                                    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 continuing education and for practice of physical
    therapy.
    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), 7.2 and 9(b), (c) and (e) 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]
 February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
    * * *
    Section 7.2.   Continuing Education.--For each license
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 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] The practice of 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 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
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 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
    (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
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 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;
    (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
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 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
 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
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 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 3.   This act shall take effect in 60 days.
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Statutes/Laws affected: 
Printer's No. 1340: P.L.383, No.110