BILL NUMBER: AB 1000 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Wieckowski
FEBRUARY 22, 2013
An act to amend Section 2630 of Sections
2620 and 2660 of, and to add Section 2620.1 to, the Business
and Professions Code, relating to physical therapy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1000, as amended, Wieckowski. Physical therapy.
Physical therapists: direct access to services.
Existing law, the Physical Therapy Practice Act, creates the
Physical Therapy Board of California and makes it responsible for the
licensure and regulation of physical therapists. The act defines the
term "physical therapy" for its purposes as, among other things,
including physical therapy evaluation, treatment planning,
instruction, and consultative services. The act makes it a crime to
violate any of its provisions. The act authorizes the board to
suspend, revoke, or impose probationary conditions on a license,
certificate, or approval issued under the act for unprofessional
conduct, as specified.
This bill would revise the definition of "physical therapy" to
instead include examination and evaluation to determine a physical
therapy diagnosis, as defined, prognosis, treatment plan,
instruction, or consultative service.
This bill would specify that patients may access physical therapy
treatment directly and would, in those circumstances, require a
physical therapist to refer his or her patient to another specified
healing arts practitioner if the physical therapist has reason to
believe the patient has a condition requiring treatment or services
beyond that scope of practice, to disclose to the patient any
financial interest he or she has in treating the patient, and, with
the patient's written authorization, to notify the patient's
physician and surgeon, if any, that the physical therapist is
treating the patient. The bill would provide that failure to comply
with these provisions constitutes unprofessional conduct subject to
disciplinary action by the board.
Because the bill would specify additional requirements under the
Physical Therapy Practice Act, the violation of which would be a
crime, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law, until January 1, 2014, establishes the Physical
Therapy Board of California, which oversees the licensing and
regulation of physical therapists. Existing law prohibits any person
or persons from practicing or offering to practice physical therapy
in this state for compensation, or to hold himself or herself out as
a physical therapist, unless he or she holds a valid license, as
specified.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that
an individual's access to early intervention to physical therapy
treatment may decrease the duration of a disability, reduce pain, and
lead to a quicker recovery.
SEC. 2. Section 2620 of the Business
and Professions Code is amended to read:
2620. (a) Physical therapy means the art and science of physical
or corrective rehabilitation or of physical or corrective treatment
of any bodily or mental condition of any person by the use of the
physical, chemical, and other properties of heat, light, water,
electricity, sound, massage, and active, passive, and resistive
exercise, and shall include examination and evaluation to
determine a physical therapy evaluation,
diagnosis, prognosis, treatment planning,
instruction and plan, instruction, or
consultative services. service. The
practice of physical therapy includes the promotion and maintenance
of physical fitness to enhance the bodily movement related health and
wellness of individuals through the use of physical therapy
interventions. The use of roentgen rays and radioactive materials,
for diagnostic and therapeutic purposes, and the use of electricity
for surgical purposes, including cauterization, are not authorized
under the term "physical therapy" as used in this chapter, and a
license issued pursuant to this chapter does not authorize the
diagnosis of disease.
(b) For the purposes of this section, "physical therapy diagnosis"
means a systematic examination process that culminates in assigning
a diagnostic label identifying the primary dysfunction toward which
physical therapy treatment will be directed, but shall not include a
medical diagnosis or a diagnosis of disease.
(b)
(c) Nothing in this section shall be construed to
restrict or prohibit other healing arts practitioners licensed or
registered under this division from practice within the scope of
their license or registration.
SEC. 3. Section 2620.1 is added to the
Business and Professions Code , to read:
2620.1. (a) In addition to receiving wellness and evaluation
services from a physical therapist, a person may initiate physical
therapy treatment directly from a licensed physical therapist if the
treatment is within the scope of practice of physical therapists, as
defined in Section 2620, and all of the following conditions are met:
(1) If, at any time, the physical therapist has reason to believe
that the patient has signs or symptoms of a condition that requires
treatment beyond the scope of practice of a physical therapist, the
physical therapist shall refer the patient to a person holding a
physician and surgeon's certificate issued by the Medical Board of
California or by the Osteopathic Medical Board of California or to a
person licensed to practice dentistry, podiatric medicine, or
chiropractic.
(2) The physical therapist shall disclose to the patient any
financial interest he or she has in treating the patient.
(3) With the patient's written authorization, the physical
therapist shall notify the patient's physician and surgeon, if any,
that the physical therapist is treating the patient.
(b) The conditions in paragraphs (1), (2), and (3) of subdivision
(a) do not apply to a physical therapist when providing evaluation or
wellness physical therapy services to a patient as described in
subdivision (a) of Section 2620.
(c) This section does not expand or modify the scope of practice
for physical therapists set forth in Section 2620, including the
prohibition on a physical therapist diagnosing a disease.
(d) This section does not require a health care service plan or
insurer to provide coverage for direct access to treatment by a
physical therapist.
SEC. 4. Section 2660 of the Business
and Professions Code is amended to read:
2660. The board may, after the conduct of appropriate proceedings
under the Administrative Procedure Act, suspend for not more than 12
months, or revoke, or impose probationary conditions upon any
license, certificate, or approval issued under this chapter for
unprofessional conduct that includes, but is not limited to, one or
any combination of the following causes:
(a) Advertising in violation of Section 17500.
(b) Fraud in the procurement of any license under this chapter.
(c) Procuring or aiding or offering to procure or aid in criminal
abortion.
(d) Conviction of a crime that substantially relates to the
qualifications, functions, or duties of a physical therapist or
physical therapist assistant. The record of conviction or a certified
copy thereof shall be conclusive evidence of that conviction.
(e) Habitual intemperance.
(f) Addiction to the excessive use of any habit-forming drug.
(g) Gross negligence in his or her practice as a physical
therapist or physical therapist assistant.
(h) Conviction of a violation of any of the provisions of this
chapter or of the Medical Practice Act, or violating, or attempting
to violate, directly or indirectly, or assisting in or abetting the
violating of, or conspiring to violate any provision or term of this
chapter or of the Medical Practice Act.
(i) The aiding or abetting of any person to violate this chapter
or any regulations duly adopted under this chapter.
(j) The aiding or abetting of any person to engage in the unlawful
practice of physical therapy.
(k) The commission of any fraudulent, dishonest, or corrupt act
that is substantially related to the qualifications, functions, or
duties of a physical therapist or physical therapist assistant.
( l ) Except for good cause, the knowing failure to
protect patients by failing to follow infection control guidelines of
the board, thereby risking transmission of blood-borne infectious
diseases from licensee to patient, from patient to patient, and from
patient to licensee. In administering this subdivision, the board
shall consider referencing the standards, regulations, and guidelines
of the State Department of Public Health developed pursuant to
Section 1250.11 of the Health and Safety Code and the standards,
regulations, and guidelines pursuant to the California Occupational
Safety and Health Act of 1973 (Part 1 (commencing with Section 6300)
of Division 5 of the Labor Code) for preventing the transmission of
HIV, hepatitis B, and other blood-borne pathogens in health care
settings. As necessary, the board shall consult with the Medical
Board of California, the California Board of Podiatric Medicine, the
Dental Board of California, the Board of Registered Nursing, and the
Board of Vocational Nursing and Psychiatric Technicians of the State
of California, to encourage appropriate consistency in the
implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the
responsibility of licensees and others to follow infection control
guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.
(m) The commission of verbal abuse or sexual harassment.
(n) Failure to comply with the provisions of Section 2620.1.
SEC. 5. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 2630 of the Business and
Professions Code is amended to read:
2630. It is unlawful for any person or persons to practice, or
offer to practice, physical therapy in this state for compensation
received or expected, or to hold himself or herself out as a physical
therapist, unless at the time of so doing he or she holds a valid,
unexpired, and unrevoked license issued under this chapter.
Nothing in this section shall restrict the activities authorized
by their licenses on the part of any persons licensed under this code
or any initiative act, or the activities authorized to be performed
pursuant to Article 4.5 (commencing with Section 2655) or Chapter 7.7
(commencing with Section 3500).
A physical therapist licensed pursuant to this chapter may utilize
the services of one aide engaged in patient-related tasks to assist
the physical therapist in his or her practice of physical therapy.
"Patient-related task" means a physical therapy service rendered
directly to the patient by an aide, excluding non-patient-related
tasks. "Non-patient-related task" means a task related to observation
of the patient, transport of the patient, physical support only
during gait or transfer training, housekeeping duties, clerical
duties, and similar functions. The aide shall at all times be under
the orders, direction, and immediate supervision of the physical
therapist. Nothing in this section shall authorize an aide to
independently perform physical therapy or any physical therapy
procedure. The board shall adopt regulations that set forth the
standards and requirements for the orders, direction, and immediate
supervision of an aide by a physical therapist. The physical
therapist shall provide continuous and immediate supervision of the
aide. The physical therapist shall be in the same facility as, and in
proximity to, the location where the aide is performing
patient-related tasks, and shall be readily available at all times to
provide advice or instruction to the aide. When patient-related
tasks are provided to a patient by an aide, the supervising physical
therapist shall, at some point during the treatment day, provide
direct service to the patient as treatment for the patient's
condition, or to further evaluate and monitor the patient's progress,
and shall correspondingly document the patient's record.
The administration of massage, external baths, or normal exercise
not a part of a physical therapy treatment shall not be prohibited by
this section.