1.1 	A bill for an act
1.2 	relating to health occupations; eliminating the
1.3 	prohibition against providing physical therapy after
1.4 	30 days without a physician's order or without
1.5 	practicing for one year; amending Minnesota Statutes
1.6 	2004, sections 148.75; 148.76, subdivision 2.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 148.75, is
1.9 	amended to read:
1.10 	148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION.
1.11 	(a) The state Board of Physical Therapy may refuse to grant
1.12 	a license to any physical therapist, or may suspend or revoke
1.13 	the license of any physical therapist for any of the following
1.14 	grounds:
1.15 	(1) using drugs or intoxicating liquors to an extent which
1.16 	affects professional competence;
1.17 	(2) conviction of a felony;
1.18 	(3) conviction for violating any state or federal narcotic
1.19 	law;
1.20 	(4) obtaining a license or attempting to obtain a license
1.21 	by fraud or deception;
1.22 	(5) conduct unbecoming a person licensed as a physical
1.23 	therapist or conduct detrimental to the best interests of the
1.24 	public;
1.25 	(6) gross negligence in the practice of physical therapy as
1.26 	a physical therapist;
2.1 	(7) treating human ailments by physical therapy after an
2.2 	initial 30-day period of patient admittance to treatment has
2.3 	lapsed, except by the order or referral of a person licensed in
2.4 	this state in the practice of medicine as defined in section
2.5 	147.081, the practice of chiropractic as defined in section
2.6 	148.01, the practice of podiatry as defined in section 153.01,
2.7 	or the practice of dentistry as defined in section 150A.05 and
2.8 	whose license is in good standing; or when a previous diagnosis
2.9 	exists indicating an ongoing condition warranting physical
2.10 	therapy treatment, subject to periodic review defined by board
2.11 	of physical therapy rule;
2.12 	(8) treating human ailments, without referral, by physical
2.13 	therapy treatment without first having practiced one year under
2.14 	a physician's orders as verified by the board's records;
2.15 	(9) failing to consult with the patient's health care
2.16 	provider who prescribed the physical therapy treatment if the
2.17 	treatment is altered by the physical therapist from the original
2.18 	written order.  The provision does not include written orders to
2.19 	"evaluate and treat";
2.20 	(10) treating human ailments other than by physical therapy
2.21 	unless duly licensed or registered to do so under the laws of
2.22 	this state;
2.23 	(11) (8) inappropriate delegation to a physical therapist
2.24 	assistant or inappropriate task assignment to an aide or
2.25 	inadequate supervision of either level of supportive personnel;
2.26 	(12) (9) practicing as a physical therapist performing
2.27 	medical diagnosis, the practice of medicine as defined in
2.28 	section 147.081, or the practice of chiropractic as defined in
2.29 	section 148.01;
2.30 	(13) (10) failing to comply with a reasonable request to
2.31 	obtain appropriate clearance for mental or physical conditions
2.32 	that would interfere with the ability to practice physical
2.33 	therapy, and that may be potentially harmful to patients;
2.34 	(14) (11) dividing fees with, or paying or promising to pay
2.35 	a commission or part of the fee to, any person who contacts the
2.36 	physical therapist for consultation or sends patients to the
3.1 	physical therapist for treatment;
3.2 	(15) (12) engaging in an incentive payment arrangement,
3.3 	other than that prohibited by clause (14) (11), that tends to
3.4 	promote physical therapy overuse, that allows the referring
3.5 	person or person who controls the availability of physical
3.6 	therapy services to a client to profit unreasonably as a result
3.7 	of patient treatment;
3.8 	(16) (13) practicing physical therapy and failing to refer
3.9 	to a licensed health care professional a patient whose medical
3.10 	condition at the time of evaluation has been determined by the
3.11 	physical therapist to be beyond the scope of practice of a
3.12 	physical therapist; and
3.13 	(17) (14) failing to report to the board other licensed
3.14 	physical therapists who violate this section.
3.15 	(b) A license to practice as a physical therapist is
3.16 	suspended if (1) a guardian of the physical therapist is
3.17 	appointed by order of a court pursuant to sections 524.5-101 to
3.18 	524.5-502, for reasons other than the minority of the physical
3.19 	therapist; or (2) the physical therapist is committed by order
3.20 	of a court pursuant to chapter 253B.  The license remains
3.21 	suspended until the physical therapist is restored to capacity
3.22 	by a court and, upon petition by the physical therapist, the
3.23 	suspension is terminated by the Board of Physical Therapy after
3.24 	a hearing.

3.25 	Sec. 2. Minnesota Statutes 2004, section 148.76,
3.26 	subdivision 2, is amended to read:
3.27 		Subd. 2.Prohibitions.  No physical therapist may:
3.28 	(1) treat human ailments by physical therapy after an
3.29 	initial 30-day period of patient admittance to treatment has
3.30 	lapsed, except by the order or referral of a person licensed in
3.31 	this state to practice medicine as defined in section 147.081,
3.32 	the practice of chiropractic as defined in section 148.01, the
3.33 	practice of podiatry as defined in section 153.01, the practice
3.34 	of dentistry as defined in section 150A.05, or the practice of
3.35 	advanced practice nursing as defined in section 62A.15,
3.36 	subdivision 3a, when orders or referrals are made in
4.1 	collaboration with a physician, chiropractor, podiatrist, or
4.2 	dentist, and whose license is in good standing; or when a
4.3 	previous diagnosis exists indicating an ongoing condition
4.4 	warranting physical therapy treatment, subject to periodic
4.5 	review defined by Board of Physical Therapy rule;
4.6 	(2) treat human ailments by physical therapy treatment
4.7 	without first having practiced one year under a physician's
4.8 	orders as verified by the board's records;
4.9 	(3) use any chiropractic manipulative technique whose end
4.10 	is the chiropractic adjustment of an abnormal articulation of
4.11 	the body; and
4.12 	(4) (2) treat human ailments other than by physical therapy
4.13 	unless duly licensed or registered to do so under the laws of
4.14 	this state.