HF 854

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health occupations; eliminating the
prohibition against providing physical therapy after
30 days without a physician's order or without
practicing for one year; amending Minnesota Statutes
2004, sections 148.75; 148.76, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 148.75, is
amended to read:

148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION.

(a) The state Board of Physical Therapy may refuse to grant
a license to any physical therapist, or may suspend or revoke
the license of any physical therapist for any of the following
grounds:

(1) using drugs or intoxicating liquors to an extent which
affects professional competence;

(2) conviction of a felony;

(3) conviction for violating any state or federal narcotic
law;

(4) obtaining a license or attempting to obtain a license
by fraud or deception;

(5) conduct unbecoming a person licensed as a physical
therapist or conduct detrimental to the best interests of the
public;

(6) gross negligence in the practice of physical therapy as
a physical therapist;

(7) deleted text begin treating human ailments by physical therapy after an
initial 30-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 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;
deleted text end

deleted text begin (8) treating human ailments, without referral, by physical
therapy treatment without first having practiced one year under
a physician's orders as verified by the board's records;
deleted text end

deleted text begin (9) failing to consult with the patient's health care
provider who prescribed the physical therapy treatment if the
treatment is altered by the physical therapist from the original
written order. The provision does not include written orders to
"evaluate and treat";
deleted text end

deleted text begin (10) deleted text end treating human ailments other than by physical therapy
unless duly licensed or registered to do so under the laws of
this state;

deleted text begin (11) deleted text end new text begin (8) new text end inappropriate delegation to a physical therapist
assistant or inappropriate task assignment to an aide or
inadequate supervision of either level of supportive personnel;

deleted text begin (12) deleted text end new text begin (9) new text end practicing as a physical therapist performing
medical diagnosis, the practice of medicine as defined in
section 147.081, or the practice of chiropractic as defined in
section 148.01;

deleted text begin (13) deleted text end new text begin (10) new text end failing to comply with a reasonable request to
obtain appropriate clearance for mental or physical conditions
that would interfere with the ability to practice physical
therapy, and that may be potentially harmful to patients;

deleted text begin (14) deleted text end new text begin (11) new text end dividing fees with, or paying or promising to pay
a commission or part of the fee to, any person who contacts the
physical therapist for consultation or sends patients to the
physical therapist for treatment;

deleted text begin (15) deleted text end new text begin (12) new text end engaging in an incentive payment arrangement,
other than that prohibited by clause deleted text begin (14) deleted text end new text begin (11) new text end , that tends to
promote physical therapy overuse, that allows the referring
person or person who controls the availability of physical
therapy services to a client to profit unreasonably as a result
of patient treatment;

deleted text begin (16) deleted text end new text begin (13) new text end practicing physical therapy and failing to refer
to a licensed health care professional a patient whose medical
condition at the time of evaluation has been determined by the
physical therapist to be beyond the scope of practice of a
physical therapist; and

deleted text begin (17) deleted text end new text begin (14) new text end failing to report to the board other licensed
physical therapists who violate this section.

(b) A license to practice as a physical therapist is
suspended if (1) a guardian of the physical therapist is
appointed by order of a court pursuant to sections 524.5-101 to
524.5-502, for reasons other than the minority of the physical
therapist; or (2) the physical therapist is committed by order
of a court pursuant to chapter 253B. The license remains
suspended until the physical therapist is restored to capacity
by a court and, upon petition by the physical therapist, the
suspension is terminated by the Board of Physical Therapy after
a hearing.

Sec. 2.

Minnesota Statutes 2004, section 148.76,
subdivision 2, is amended to read:

Subd. 2.

Prohibitions.

No physical therapist may:

(1) deleted text begin treat human ailments by physical therapy after an
initial 30-day period of patient admittance to treatment has
lapsed, except by the order or referral of a person licensed in
this state to practice 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, the practice
of dentistry as defined in section 150A.05, or the practice of
advanced practice nursing as defined in section 62A.15,
subdivision 3a, when orders or referrals are made 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;
deleted text end

deleted text begin (2) treat human ailments by physical therapy treatment
without first having practiced one year under a physician's
orders as verified by the board's records;
deleted text end

deleted text begin (3) deleted text end use any chiropractic manipulative technique whose end
is the chiropractic adjustment of an abnormal articulation of
the body; and

deleted text begin (4) deleted text end new text begin (2) new text end treat human ailments other than by physical therapy
unless duly licensed or registered to do so under the laws of
this state.