19.0628.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2125
of North Dakota
Introduced by
Senators Burckhard, Anderson, Oban
Representatives D. Anderson, Dobervich, Karls
1 A BILL for an Act to create and enact a new subsection to section 43-26.1-10, a new subsection
2 to section 43-26.1-13, and a new subsection to section 43-26.1-15 of the North Dakota Century
3 Code, relating to the regulation of the practice of physical therapy; and to amend and reenact
4 sections 43-26.1-01, 43-26.1-02, 43-26.1-03, 43-26.1-04, 43-26.1-05, 43-26.1-08, 43-26.1-11,
5 and 43-26.1-14 of the North Dakota Century Code, relating to the board of physical therapy and
6 physical therapy licensure; and to provide for application.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Section 43-26.1-01 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 43-26.1-01. Definitions.
11 In this chapter, unless the context or subject matter otherwise requires:
12 1. "Board" means the North Dakota board of physical therapy.
13 2. "Competence" is the application of knowledge, skills, and behaviors required to
14 function effectively, safely, ethically, and legally within the context of the patient's or
15 client's environment.
16 3. "Continuing competence" is the lifelong process of maintaining and documenting
17 competence through ongoing self-assessment, development, and implementation of a
18 personal learning plan along with subsequent reassessment.
19 4. "Direct supervision" means the supervising physical therapist is physically present on
20 the premises and immediately available for direction and supervision, has direct
21 contact with the patient during each visit, and completes all components of care
22 requiring skilled therapy services. Telehealth does not meet the requirement for direct
23 supervision.
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1 5. "Electronic communications" means the science and technology of communication
2 over a distance by electronic transmission of impulses, including activities involving or
3 using electronic communications to store, organize, send, retrieve, and convey
4 information.
5 6. "Examination" means a national examination approved by the board for the licensure
6 of a physical therapist or the licensure of a physical therapist assistant.
7 3.7. "General supervision" means the supervising physical therapist is onsite and present
8 where services are provided or is immediately available to the physical therapist
9 assistant being supervised by means of electronic communications, maintains
10 continual involvement in the appropriate aspects of patient care, and has primary
11 responsibility for all patient care services rendered by a physical therapist assistant.
12 8. "Manual therapy" means the use of techniques such as mobilization or manipulation,
13 manual lymphatic drainage, and manual traction on one or more regions of the body.
14 4.9. "Onsite supervision" means the supervising physical therapist is onsite and present in
15 the department or facility where services are provided, is immediately available to the
16 personindividual being supervised, and maintains continued involvement in
17 appropriate aspects of each treatment session in which a student physical therapist or
18 a student physical therapist assistant or a physical therapy aide is involved in
19 components of care.
20 5.10. "Physical therapist" means a personan individual licensed under this chapter to
21 practice physical therapy. The term "physiotherapist" is synonymous with "physical
22 therapist" under this chapter.
23 6.11. "Physical therapist assistant" means a person who isan individual licensed under this
24 chapter and who assists the physical therapist in selected components of physical
25 therapy intervention.
26 7.12. "Physical therapy" means the care and services provided by or under the direction and
27 supervision of a physical therapist licensed under this chapter.
28 8.13. "Physical therapy aide" means a personan individual trained under the direction of a
29 physical therapist who performs designated and supervised routine tasks related to
30 physical therapy.
31 9.14. "Practice of physical therapy" means:
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1 a. Examining, evaluating, and testing individuals with mechanical, physiological,
2 and developmental impairments, functional limitations in movement and mobility,
3 and disabilities or other health and movement-related conditions in order to
4 determine a diagnosis for physical therapy, prognosis, and plan of therapeutic
5 intervention, and to assess the ongoing effects of intervention.
6 b. Alleviating impairments, functional limitations in movement and mobility, and
7 disabilities by designing, implementing and modifying therapeutic interventions
8 that may include, but are not limited to, therapeutic exercise; neuromuscular
9 education; functional training related to positioning, movement, and mobility in
10 self-care and in-home, community, or work integration or reintegration; manual
11 therapy; therapeutic massage; prescription, application and, as appropriate,
12 fabrication of assistive, adaptive, orthotic, prosthetic, protective, and supportive
13 devices and equipment related to positioning, movement, and mobility; airway
14 clearance techniques; integumentary protection and repair techniques;
15 debridement and wound care; physiotherapy; physical agents or modalities;
16 mechanical and electrotherapeutic modalities; and patient-related instruction.
17 c. Engaging as a physical therapist in reducing the risk of injury, impairment,
18 functional limitation and disability, including the promotion and maintenance of
19 fitness, health, and wellness in populations of all ages.
20 d. Engaging as a physical therapist in administration, consultation, education, and
21 research.
22 10.15. "Restricted license" for a physical therapist or physical therapist assistant means a
23 license on which the board places restrictions or conditions, or both, as to scope of
24 practice, place of practice, supervision of practice, duration of licensed status, or type
25 or condition of patient or client to whom the licensee may provide services.
26 11.16. "Telehealth" is the use of electronic communications to provide and deliver
27 health-related information and health care services, including physical therapy related
28 information and services, over any distance. Telehealth encompasses health care and
29 health promotion activities, including education, advice, reminders, interventions, and
30 the monitoring of interventions.
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1 17. "Testing" means standard methods and techniques used to gather data about the
2 patient.
3 SECTION 2. AMENDMENT. Section 43-26.1-02 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 43-26.1-02. Board of physical therapy - Members - Appointments - Vacancies.
6 1. The board of physical therapy shall administer this chapter. The board consists of
7 three licensed physical therapists, twoone licensed physiciansphysician, one licensed
8 physical therapist assistant, and a citizen who is not a health care professionaltwo
9 public members. The governor shall appoint the board members for a term of five
10 years, staggered so the terms of no more than two members expire each year. A
11 personAn individual may not serve more than two full consecutive terms. Terms begin
12 on July first. Appointments to the board to fill a vacancy occurring for other than the
13 expiration of a term may only be made for the remainder of the unexpired term.
14 2. Each physical therapist and physical therapist assistant appointed must have had at
15 least three years of physical therapy experience in North Dakota immediately prior
16 tobefore appointment and must practice in North Dakota during the term. EachThe
17 physician appointed must have practiced medicine at least three years in North
18 Dakota immediately prior tobefore appointment and must practice in North Dakota
19 during the term. Each board member shall take and file with the secretary of state the
20 oath of office prescribed for state officials before entering upon the discharge of the
21 member's duties.
22 3. Each board member is entitled to mileage reimbursement as provided in section
23 54-06-09 and reimbursement for actual and necessary expenses in the amounts
24 provided by law for state officers in section 44-08-04.
25 SECTION 3. AMENDMENT. Section 43-26.1-03 of the North Dakota Century Code is
26 amended and reenacted as follows:
27 43-26.1-03. Powers of the board.
28 The board may:
29 1. Evaluate the qualifications of applicants for licensure.
30 2. Provide for the examination of physical therapists and physical therapist assistants
31 and adopt passing scores for the examinations.
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1 3. Issue licenses to persons who meet the requirements of this chapter.
2 4. Regulate the practice of physical therapy by interpreting and enforcing this chapter.
3 5. Adopt and revise rules consistent with this chapter.
4 6. Meet at least annually and such other times as deemed necessary. A majority of board
5 members shall constituteconstitutes a quorum for the transaction of business.
6 7. Establish mechanisms for assessing the continuing professional competence of
7 physical therapists and physical therapist assistants to engage in the practice of
8 physical therapy.
9 8. Establish and collect fees for sustaining the necessary operation and expenses of the
10 board.
11 9. Elect officers from its members necessary for the operations and obligations of the
12 board. Terms of office shall beare one year.
13 10. Provide for the timely orientation and training of new professional and public
14 appointees to the board regarding board licensing and disciplinary procedures, this
15 chapter, and board rules, policies, and procedures.
16 11. Maintain a current list of all personsindividuals regulated under this chapter. This
17 contact information includes the person'sindividual's name, current business address,
18 business telephone number, electronic mail address, and board license number.
19 12. Provide information to the public regarding the complaint process.
20 13. Employ necessary personnel to carry out the administrative work of the board.
21 14. Enter into contracts for services necessary for enforcement of this chapter.
22 15. Report final disciplinary action taken against a licensee to a national disciplinary
23 database recognized by the board or as required by law.
24 16. Review and investigate all complaints the board receives against licensees concerning
25 violations of this chapter. The board shall keep all information relating to the receipt
26 and investigation of the complaint confidential until the information is disclosed in the
27 course of the investigation or any subsequent proceeding or until disclosure is
28 required by law. However, patient records, including clinical records, files, any report or
29 oral statement relating to diagnostic findings of a patient or treatment of a patient, any
30 information from which a patient or the patient's family might be identified, or
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1 information received and records or reports kept by the board as a result of its
2 investigation, are confidential.
3 SECTION 4. AMENDMENT. Section 43-26.1-04 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 43-26.1-04. Qualifications for licensure.
6 1. Before being approved for a license as a physical therapist or physical therapist
7 assistant, an applicant shall:
8 a. BeMust be of good moral character.
9 b. CompleteShall complete the application process.
10 c. BeMust be a graduate of a professional physical therapytherapist or physical
11 therapist assistant education program accredited by a national accreditation
12 agency approved by the board.
13 d. PassShall pass the examination approved by the board.
14 2. An applicant for a license as a physical therapist or a physical therapist assistant who
15 has been educated outside of the United States shall:
16 a. BeMust be of good moral character.
17 b. CompleteShall complete the application process.
18 c. ProvideShall provide satisfactory evidence that the applicant's education is
19 substantially equivalent to the requirements of a physical therapiststherapist or
20 physical therapist assistant educated in an accredited education program as
21 determined by the board. For the purpose of this section, "substantially
22 equivalent" means that an applicant for licensure educated outside of the United
23 States shallmust have:
24 (1) Graduated from a physical therapist or physical therapist assistant
25 education program that prepares the applicant to engage in the practice of
26 physical therapy without restriction.
27 (2) Provided written proof that the applicant's school of physical therapy or
28 physical therapy assistant education is recognized by its own ministry of
29 education or other appropriate education agency.
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1 (3) Undergone a credentials evaluation as directed by the board that
2 determines thatdetermining the candidate has met uniform criteria for
3 educational requirements as further established by rule.
4 (4) Completed any additional education or clinical experience as required by
5 the board.
6 d. PassShall pass the board-approved English proficiency examinations if the
7 applicant's native language is not English.
8 e. PassShall pass the examination approved by the board.
9 f. Shall obtain a criminal background check as referenced in section 43-26.1-05.1
10 and required under article III of chapter 43-26.2.
11 3. Notwithstanding the provisions of subsection 2, if the applicant is educated outside of
12 the United States and is a graduate of a professional physical therapytherapist or
13 physical therapist assistant educational program accredited by a national accrediting
14 agency approved by the board, the board may waive the requirements in subdivision c
15 of subsection 2.
16 SECTION 5. AMENDMENT. Section 43-26.1-05 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 43-26.1-05. Application and examination.
19 1. An applicant for licensure shall file a complete application as required by the board.
20 The applicant shall include application fees as prescribedprovided in this chapter and
21 under applicable rules.
22 2. The board shall provide examinations at times and places itthe board determines. The
23 board shall determine the passing score.
24 3. An applicant for licensure as a physical therapist may take the examination after the
25 application process has been completed. The examination shallmust test entry-level
26 competence related to physical therapy theory, examination and evaluation, diagnosis,
27 prognosis, treatment intervention, prevention, and consultation.
28 4. An applicant for licensure as a physical therapist assistant may take the examination
29 after the application process has been completed. The examination shallmust test for
30 requisite knowledge and skills in the technical application of physical therapy services.
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1 5. An applicant for licensure who does not pass the examination on the first attempt may
2 retake the examination one additional time without reapplication for licensure within six
3 months of the first failure. Before the board may approve an applicant for subs