ENTITLED An Act to create the South Dakota Board of Physical Therapy and make an appropriation therefor.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 36-10-18 be AMENDED:
36-10-18. Terms used in 36-10-18.1 through 36-10-52 mean:
(1) "Physical therapist," a person who is licensed or has obtained a compact privilege to practice physical therapy;
(2) "Physical therapist assistant," a person who is licensed or has obtained a compact privilege to assist in providing physical therapy under the supervision of a physical therapist; and
(3) "Supervision," the responsibility of a physical therapist to observe, direct, and review the work, records, and practice of a physical therapist assistant permitted by 36-10-35.7, to ensure that the physical therapist assistant renders good and safe treatment to the patient.
Section 2. That 36-10-18.1 be AMENDED:
36-10-18.1. The practice of physical therapy is the examination and evaluation of a patient with a mechanical, physiological, or developmental impairment, a functional limitation, a disability, or other similar condition to:
(1) Determine a diagnosis, prognosis, and therapeutic intervention;
(2) Alleviate any impairment or functional limitation by designing, implementing, and modifying therapeutic interventions that include therapeutic exercise, functional training in community or work reintegration, manual therapy techniques including soft tissue and joint mobilization, assistive and adaptive devices and equipment, bronchopulmonary hygiene, debridement and wound care, physical agents and mechanical modalities, therapeutic massage, electrotherapeutic modalities, and patient-related instruction;
(3) Prevent injury, impairment, functional limitation, and disability through the promotion and maintenance of fitness, health, and quality of life, in all age populations; and
(4) Provide consultation, education, and research.
Section 3. That chapter 36-10 be amended with a NEW SECTION:
The State Board of Physical Therapy is created within the Department of Health.
The board shall:
(1) Exercise all statutorily prescribed functions and administrative functions; and
(2) Provide records, information, and reports to the secretary of the department, at the time and in the manner requested by the secretary.
Section 4. That chapter 36-10 be amended with a NEW SECTION:
The State Board of Physical Therapy consists of:
(1) Four persons who are licensed to practice physical therapy in this state and have practiced physical therapy in this state for a period of five years immediately preceding the appointment;
(2) One person who is licensed as a physical therapist assistant in this state; and
(3) Two persons who are representatives of the public and have no association with or financial interest in the provision of health care.
The Governor shall appoint each member of the board.
Section 5. That chapter 36-10 be amended with a NEW SECTION:
The term of office for each member of the State Board of Physical Therapy is four years and begins on July first. The Governor shall stagger the initial terms so that no more than two terms expire each year.
If a member's office is vacant, the Governor shall appoint a new member to complete the unexpired term.
A member may not serve for more than two consecutive full terms. A member who is appointed to fill an unexpired term is not considered to have served a full term, unless the duration of that service exceeds two years.
Section 6. That chapter 36-10 be amended with a NEW SECTION:
The Governor may remove a member of the State Board of Physical Therapy for misconduct, incompetence, or neglect of duty.
The Governor shall remove a member who ceases to possess the qualifications required by section 4 of this Act.
Section 7. That chapter 36-10 be amended with a NEW SECTION:
Annually, the State Board of Physical Therapy shall elect one member to serve as the chair and one member to serve as the vice-chair. The annual meeting and any other meetings of the board must be at a time and place designated by the chair or by a majority of the members.
Section 8. That chapter 36-10 be amended with a NEW SECTION:
Each member of the State Board of Physical Therapy is entitled to receive per diem compensation and reimbursement for expenses, as provided for in 4-7-10.4, if the member is performing duties as directed by the board.
Section 9. That chapter 36-10 be amended with a NEW SECTION:
Each member of the State Board of Physical Therapy is immune from personal liability for any act or omission in the discharge of the member's responsibilities. The state shall hold the board, its members, and its agents harmless from all costs, damages, and attorney fees arising out of claims and suits against them, with respect to the discharge of their responsibilities.
Section 10. That 36-10-25 be AMENDED:
36-10-25. Persons licensed under this title, while practicing within the limits of their licensure, are not prohibited from doing so by this chapter.
Section 11. That 36-10-27 be AMENDED:
36-10-27. A person seeking licensure to practice physical therapy in this state shall:
(1) File a written application with the State Board of Physical Therapy;
(2) Submit an application fee in an amount established by the board, in rule pursuant to chapter 1-26, but not exceeding three hundred dollars;
(3) Present evidence satisfactory to the board that the applicant is of good moral character; and
(4) Present evidence satisfactory to the board that the applicant has graduated from a physical therapy program accredited by an accrediting body recognized by the United States Department of Education or by the Commission on Recognition of Postsecondary Accreditation or present evidence satisfactory to the board that:
(a) The applicant completed a course of professional instruction equivalent to an approved program accredited by an accrediting body recognized by the United States Department of Education or the Commission on Recognition of Postsecondary Accreditation; and
(b) The applicant has scored at least five hundred fifty on the TOEFL, obtained a passing score on a comparative nationally recognized examination approved by the board, or completed two years of secondary or postsecondary education in any educational institution in which the instruction is conducted in English.
Section 12. That 36-10-27.1 be AMENDED:
36-10-27.1. In addition to the requirements in 36-10-27 and 36-10-35.1, an applicant for licensure shall submit to the State Board of Physical Therapy a full set of the applicant s fingerprints in a form and manner prescribed by the board. The board shall deliver the fingerprints to the Division of Criminal Investigation to conduct a state and federal criminal background check by the division and the Federal Bureau of Investigation. The applicant shall sign a release of information to the board and pay any fees for the background check, including fingerprinting.
Upon completion of the background check, the division shall deliver to the board the applicant's criminal background information. The board shall consider this information in determining whether to issue a license to the applicant. The board may not issue a license to the applicant before receiving this information.
The board may not disseminate an applicant s criminal background information to any person outside the board.
The board may require any licensee who is the subject of a disciplinary investigation by the board to submit to a state and federal criminal background check.
The board may deny the issuance of a license or suspend or revoke a license for failure to submit to or cooperate with a criminal background check.
Section 13. That 36-10-29 be AMENDED:
36-10-29. The State Board of Physical Therapy shall issue a license to each applicant who:
(1) Has passed a national examination, recognized by the board, with a grade acceptable to the board; and
(2) Meets the requirements for licensure under this chapter and rules promulgated by the board.
Section 14. That 36-10-30 be AMENDED:
36-10-30. The State Board of Physical Therapy may, without examination, issue a license to any applicant who:
(1) Is registered by the Federation of State Boards of Physical Therapy; or
(2) Has passed a national examination recognized by the board, with a grade acceptable to the board, and meets the requirements for licensure under this chapter and rules promulgated by the board.
Section 15. That 36-10-31 be AMENDED:
36-10-31. The State Board of Physical Therapy may, without examination, issue a license to any applicant who holds a license or certificate issued by a board empowered by law to issue a license to practice physical therapy in the District of Columbia or any state or territory in the United States, if the requirements for licensure of physical therapists in that state or territory were, at the date of issuance, substantially equal to the requirements set forth in this chapter.
Section 16. That 36-10-32 be AMENDED:
36-10-32. A person seeking licensure by reciprocity shall:
(1) Apply to the State Board of Physical Therapy, using a form provided by the board;
(2) Provide the evidence required by this chapter and rules of the board; and
(3) Submit an application fee , in an amount established by the board, in rule pursuant to chapter 1-26, but not exceeding three hundred dollars.
Section 17. That 36-10-33 be AMENDED:
36-10-33. A license issued by the State Board of Physical Therapy, pursuant to this chapter, expires on January first of the second year following its issuance. A license may be renewed upon payment of a fee, in an amount established by the board, in rule pursuant to chapter 1-26, but not exceeding three hundred dollars.
Failure of a licensee to renew the license on or before July first of the second year following issuance constitutes a forfeiture of the license.
Section 18. That 36-10-35.1 be AMENDED:
36-10-35.1. A person seeking licensure as a physical therapist assistant shall:
(1) Apply to the State Board of Physical Therapy;
(2) Submit an application fee in an amount established by the board, in rule pursuant to chapter 1-26, but not exceeding three hundred dollars; and
(3) Present evidence satisfactory to the board of:
(a) Graduation from an accredited physical therapist assistant's education program recognized by the board; and
(b) Passage of a written examination, approved by the board, which tests the applicant's knowledge on subjects relating to physical therapy.
Section 19. That 36-10-35.2 be AMENDED:
36-10-35.2. The State Board of Physical Therapy shall issue a physical therapist assistant license to a person who meets the requirements set forth in 36-10-35.1.
The license shall expire and may be renewed at the same time and in the same manner as provided for physical therapy licenses under 36-10-33.
Section 20. That 36-10-35.8 be AMENDED:
36-10-35.8. A physical therapist may not, at any one time, supervise more than the equivalent of two full-time physical therapist assistants. The supervising physical therapist shall register, with the State Board of Physical Therapy, the name and address of each physical therapist assistant whom the physical therapist is supervising. The registration must be on a form provided by the board, and submitted at least fifteen days prior to the date on which supervision is to commence.
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