A bill for an act
relating to health occupations; modifying licensure requirements for physical
therapists and physical therapist assistants; providing criminal penalties; providing
civil penalties; amending Minnesota Statutes 2020, sections 148.65, subdivisions
1, 6; 148.706; 148.75; 148.76, subdivisions 1, 2, by adding a subdivision; repealing
Minnesota Statutes 2020, sections 148.65, subdivision 9; 148.77.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 148.65, subdivision 1, is amended to read:
As used in sections 148.65 to 148.78 the term "physical
therapy" means the evaluation or treatment or both of any person by the employment of
physical measures and the use of therapeutic exercises and rehabilitative procedures, with
or without assistive devices, for the purpose of preventing, correcting, or alleviating a
physical or mental disability. Physical measures shall include but shall not be limited to
heat or cold, air, light, water, electricity and sound. Physical therapy includes evaluationnew text begin,
diagnosisnew text end other than medical diagnosis, treatment planning, treatment, documentation,
performance of appropriate tests and measurement, interpretation of orders or referrals,
instruction, consultative services, and supervision of supportive personnel. new text beginPhysical therapy
also includes prevention, wellness, fitness, and health promotion and education in populations
of all ages. new text end"Physical therapy" does not include the practice of medicine as defined in section
147.081, or the practice of chiropractic as defined in section 148.01.
Minnesota Statutes 2020, section 148.65, subdivision 6, is amended to read:
"Student physical therapist assistant"
means a person in a physical therapist assistant educational program accredited by the
Commission on Accreditation in Physical Therapy Education (CAPTE) or a recognized
comparable national accrediting agency approved by the board. The student physical therapist
assistant, under the deleted text begindirectdeleted text endnew text begin on-sitenew text end supervision of the physical therapist, or the deleted text begindirectdeleted text endnew text begin on-sitenew text end
supervision of the physical therapist and physical therapist assistantnew text begin teamnew text end, performs physical
therapy interventions and assists with coordination, communication, documentation, and
patient-client-related instruction. deleted text begin"Direct supervision"deleted text endnew text begin "On-site supervision"new text end means the
physical therapist new text beginor physical therapist assistant new text endis deleted text beginphysically present and immediatelydeleted text endnew text begin easilynew text end
available to provide instruction to the student physical therapist assistant.new text begin The supervising
physical therapist or physical therapist assistant shall have direct contact with the patient
during at least every second treatment session with the student physical therapist assistant.
Telecommunications, except within the facility, do not meet the requirements of on-site
supervision.
new text end
Minnesota Statutes 2020, section 148.706, is amended to read:
Every physical therapist who uses the services of a physical
therapist assistant or physical therapy aide for the purpose of assisting in the practice of
physical therapy is responsible for functions performed by the assistant or aide while engaged
in such assistance. The physical therapist shall deleted text begindelegatedeleted text endnew text begin directnew text end duties to the physical therapist
assistant and assign tasks to the physical therapy aide in accordance with subdivision 2.
Physical therapists who instruct student physical therapists and student physical therapist
assistants are responsible for the functions performed by the students and shall supervise
the students as provided under section 148.65, subdivisions 5 and 6. A licensed physical
therapist may supervise no more than two physical therapist assistants at any time.new text begin The
supervising physical therapist is not required to be on-site but must be easily available by
telecommunications.
new text end
The physical therapist may deleted text begindelegatedeleted text endnew text begin direct
onlynew text end patient treatment procedures new text beginand new text endonly to a physical therapist assistant who has sufficient
didactic and clinical preparation. The physical therapist may not deleted text begindelegatedeleted text endnew text begin directnew text end the following
activities to deleted text beginthedeleted text endnew text begin anew text end physical therapist assistant or to other supportive personnel: new text begininitial new text endpatient
new text begin examination and new text endevaluation, deleted text begintreatment planning, initial treatment, change of treatmentdeleted text endnew text begin
development and modification of the plan of carenew text end, and initial or final documentation.
When new text begina
physical therapist directs new text endcomponents of a patient's treatment deleted text beginare delegateddeleted text end to a physical
therapist assistant, a physical therapist must deleted text beginprovide on-site observation of the treatment
and documentation of its appropriateness at least every six treatment sessions. The physical
therapist is not required to be on site, but must be easily available by telecommunications.deleted text endnew text begin:
new text end
new text begin
(1) meet with the physical therapist assistant at least every sixth treatment session, either
in person or remotely, to collaborate on the patient's care and must document the conclusions
of the meeting; and
new text end
new text begin
(2) treat the patient at least every tenth treatment session or once every 30 calendar days
from the last visit with the physical therapist, whichever is sooner.
new text end
The physical therapist must observe
the patient's status before and after the treatment administered by a physical therapy aide.
The physical therapy aide may perform tasks related to preparation of patient and equipment
for treatment, housekeeping, transportation, clerical duties, new text beginand new text enddepartmental maintenancedeleted text begin,
and selected treatment proceduresdeleted text end. The tasks must be performed under the direct supervision
of a physical therapist who is readily available for advice, instruction, or immediate
assistance.
Minnesota Statutes 2020, section 148.75, is amended to read:
(a) The board may impose disciplinary action specified in paragraph (b) against an
applicant or licensee whom the board, by a preponderance of the evidence, determines:
(1) has violated a statute, rule, order, or agreement for corrective action that the board
issued or is otherwise authorized or empowered to enforce;
(2) is unable to practice physical therapy with reasonable skill and safety by reason of
any mental or physical illness or condition, including deterioration through the aging process
or loss of motor skills, or use of alcohol, drugs, narcotics, chemicals, or any other type of
material;
(3) has been convicted of or has pled guilty or nolo contendere to a felony or other crime,
an element of which is dishonesty or fraud, or has been shown to have engaged in acts or
practices tending to show that the applicant or licensee is incompetent or has engaged in
conduct reflecting adversely on the applicant's or licensee's ability or fitness to engage in
the practice of physical therapy;
(4) has been convicted of violating any state or federal narcotic law;
(5) has obtained or attempted to obtain a license or approval of continuing education
activities, or passed an examination, by fraud or deception;
(6) has engaged in unprofessional conduct or any other conduct which has the potential
for causing harm to the public, including any departure from or failure to conform to the
minimum standards of acceptable and prevailing practice without actual injury having to
be established;
(7) has engaged in gross negligence in the practice of physical therapy as a physical
therapist;
deleted text begin
(8) has treated human ailments by physical therapy after an initial 90-day period of
patient admittance to treatment has lapsed, except by the order or referral of a person licensed
in this state in the practice of medicine as defined in section 147.081, the practice of
chiropractic as defined in section 148.01, the practice of podiatry as defined in section
153.01, or the practice of dentistry as defined in section 150A.05, or the practice of advance
practice nursing as defined in section 148.171, subdivision 3, when orders or referrals are
made in and whose license is in collaboration with a physician, chiropractor, podiatrist, or
dentist, and whose license is in good standing; or when a previous diagnosis exists indicating
an ongoing condition warranting physical therapy treatment, subject to periodic review
defined by board of physical therapy rule. The 90-day limitation of treatment by a physical
therapist without an order or referral does not apply to prevention, wellness, education, or
exercise;
deleted text end
deleted text begin
(9) for a physical therapist licensed less than one year, has treated human ailments,
without referral, by physical therapy treatment without first having practiced one year in
collaboration with a physical therapist with