BILL NUMBER: AB 1000 CHAPTERED
BILL TEXT
CHAPTER 620
FILED WITH SECRETARY OF STATE OCTOBER 7, 2013
APPROVED BY GOVERNOR OCTOBER 7, 2013
PASSED THE SENATE SEPTEMBER 10, 2013
PASSED THE ASSEMBLY SEPTEMBER 11, 2013
AMENDED IN SENATE SEPTEMBER 6, 2013
AMENDED IN SENATE SEPTEMBER 3, 2013
AMENDED IN SENATE JULY 11, 2013
AMENDED IN SENATE JUNE 24, 2013
AMENDED IN ASSEMBLY MAY 8, 2013
AMENDED IN ASSEMBLY MAY 7, 2013
AMENDED IN ASSEMBLY APRIL 25, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Members Wieckowski and Maienschein
FEBRUARY 22, 2013
An act to amend Sections 2406 and 2660 of, and to add Sections
2406.5 and 2620.1 to, the Business and Professions Code, and to amend
Section 13401.5 of the Corporations Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1000, Wieckowski. Physical therapists: direct access to
services: professional corporations.
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 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 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 or if the patient is not progressing,
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 prohibit a
physical therapist from treating a patient who initiated services
directly for the lesser of more than 45 calendar days or 12 visits,
except as specified, and would prohibit a physical therapist from
performing services on that patient before obtaining the patient's
signature on a specified notice regarding these limitations on
treatment. 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 Moscone-Knox Professional Corporation Act provides for the
organization of a corporation under certain existing law for the
purposes of qualifying as a professional corporation under that act
and rendering professional services. The act authorizes specified
healing arts practitioners to be shareholders, officers, directors,
or professional employees of a designated professional corporation,
subject to certain limitations relating to ownership of shares.
Existing law also defines a medical corporation or podiatry
corporation that is authorized to render professional services as
long as that corporation and its shareholders, officers, directors,
and employees rendering professional services who are physicians,
psychologists, registered nurses, optometrists, podiatrists or, in
the case of a medical corporation only, physician assistants, are in
compliance with the act.
This bill would specify that those provisions do not limit
employment by a professional corporation of only those specified
licensed professionals. The bill would authorize any person duly
licensed under the Business and Professions Code, the Chiropractic
Act, or the Osteopathic Act to be employed to render professional
services by a professional corporation. The bill would expressly add
physical therapists and occupational therapists to the list of
healing arts professionals who may be professional employees of a
medical corporation or podiatry corporation, and would add licensed
physical therapists to the list of healing arts practitioners who may
be shareholders, officers, or directors of a medical corporation or
a podiatric medical corporation. The bill would also provide that
specified healing arts licensees may be shareholders, officers,
directors, or professional employees of a physical therapy
corporation. The bill would also require a practitioner, except as
specified, who refers a patient to a physical therapist who is
employed by a professional corporation to make a specified disclosure
to the patient.
This bill would incorporate additional changes to Section 2660 of
the Business and Professions Code proposed by SB 198 that would
become operative if this bill and SB 198 are enacted and this bill is
chaptered last.
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.
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 2406 of the Business and Professions Code is
amended to read:
2406. A medical corporation or podiatry corporation is a
corporation that is authorized to render professional services, as
defined in Section 13401 of the Corporations Code, so long as that
corporation and its shareholders, officers, directors, and employees
rendering professional services who are physicians and surgeons,
psychologists, registered nurses, optometrists, podiatrists,
chiropractors, acupuncturists, naturopathic doctors, physical
therapists, occupational therapists, or, in the case of a medical
corporation only, physician assistants, marriage and family
therapists, clinical counselors, or clinical social workers, are in
compliance with the Moscone-Knox Professional Corporation Act, the
provisions of this article, and all other statutes and regulations
now or hereafter enacted or adopted pertaining to the corporation and
the conduct of its affairs.
With respect to a medical corporation or podiatry corporation, the
governmental agency referred to in the Moscone-Knox Professional
Corporation Act is the board.
SEC. 3. Section 2406.5 is added to the Business and Professions
Code, to read:
2406.5. (a) When a physician and surgeon, podiatrist, or other
referring practitioner refers a patient to receive services by a
physical therapist employed by a professional corporation as defined
in Section 13401 of the Corporations Code, the referring practitioner
shall comply with Article 6 (commencing with Section 650) of Chapter
1, and shall provide notice of the following to the patient, orally
and in writing, in at least 14-point type and signed by the patient:
(1) That the patient may seek physical therapy treatment services
from a physical therapy provider of his or her choice who may not
necessarily be employed by the medical or podiatry corporation.
(2) If the patient chooses to be treated by an employed physical
therapist, any financial interest the referring practitioner has in
the corporation.
(b) This section shall not apply to a physician and surgeon,
podiatrist, or other referring practitioner who is in a medical group
with which a health care service plan, that is licensed pursuant to
the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code) and is also exempt from federal taxation pursuant to Section
501(c)(3) of the Internal Revenue Code, exclusively contracts to
provide professional medical services for its enrollees.
SEC. 4. Section 2620.1 is added to the Business and Professions
Code, to read:
2620.1. (a) In addition to receiving those services authorized by
Section 2620, 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 or the
patient is not progressing toward documented treatment goals as
demonstrated by objective, measurable, or functional improvement, 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 comply with Section 2633, and
shall disclose to the patient any financial interest he or she has in
treating the patient and, if working in a physical therapy
corporation, shall comply with Article 6 (commencing with Section
650) of Chapter 1.
(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.
(4) The physical therapist shall not continue treating the patient
beyond 45 calendar days or 12 visits, whichever occurs first,
without receiving, from a person holding a physician and surgeon's
certificate from the Medical Board of California or the Osteopathic
Medical Board of California or from a person holding a certificate to
practice podiatric medicine from the California Board of Podiatric
Medicine and acting within his or her scope of practice, a dated
signature on the physical therapist's plan of care indicating
approval of the physical therapist's plan of care. Approval of the
physical therapist's plan of care shall include an in-person patient
examination and evaluation of the patient's condition and, if
indicated, testing by the physician and surgeon or podiatrist.
(b) The conditions in paragraph (4) of subdivision (a) do not
apply to a physical therapist when he or she is only providing
wellness physical therapy services to a patient as described in
subdivision (a) of Section 2620.
(c) (1) 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.
(2) This section does not restrict or alter the scope of practice
of any other health care professional.
(d) Nothing in this section shall be construed to require a health
care service plan, insurer, workers' compensation insurance plan,
employer, or state program to provide coverage for direct access to
treatment by a physical therapist.
(e) When a person initiates physical therapy treatment services
directly, pursuant to this section, the physical therapist shall not
perform physical therapy treatment services without first providing
the following notice to the patient, orally and in writing, in at
least 14-point type and signed by the patient:
"Direct Physical Therapy Treatment Services
You are receiving direct physical therapy treatment services from
an individual who is a physical therapist licensed by the Physical
Therapy Board of California.
Under California law, you may continue to receive direct physical
therapy treatment services for a period of up to 45 calendar days or
12 visits, whichever occurs first, after which time a physical
therapist may continue providing you with physical therapy treatment
services only after receiving, from 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 from a person
holding a certificate to practice podiatric medicine from the
California Board of Podiatric Medicine and acting within his or her
scope of practice, a dated signature on the physical therapist's plan
of care indicating approval of the physical therapist's plan of care
and that an in-person patient examination and evaluation was
conducted by the physician and surgeon or podiatrist.
_________________________Patient's Signature/Date"
SEC. 5. 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 bloodborne 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 bloodborne 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 bloodborne
infectious diseases.
(m) The commission of verbal abuse or sexual harassment.
(n) Failure to comply with the provisions of Section 2620.1.
SEC. 5.5. Section 2660 of the Business and Professions Code is
amended to read:
2660. Unprofessional conduct constitutes grounds for citation,
discipline, denial of a license, or issuance of a probationary
license. The board may, after the conduct of appropriate proceedings
under the Administrative Procedure Act (Chapter 4.5 (commencing with
Section 11400) of Part 1 of Division 3 of Title 2 of the Government
Code), issue a citation, impose discipline, deny a license, suspend
for not more than 12 months, or revoke, or impose probationary
conditions upon any license issued under this chapter for
unprofessional conduct that includes, in addition to other provisions
of this chapter, but is not limited to, the following:
(a) Violating or attempting to violate, directly or indirectly,
assisting in or abetting the violation of, or conspiring to violate
any provision of this chapter, any regulations duly adopted under
this chapter, or the Medical Practice Act (Chapter 5 (commencing with
Section 2000)).
(b) Advertising in violation of Section 17500.
(c) Obtaining or attempting to obtain a license by fraud or
misrepresentation.
(d) Practicing or offering to practice beyond the scope of
practice of physical therapy.
(e) 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.
(f) Unlawful possession or use of, or conviction of a criminal
offense involving, a controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 2 (commencing with Section
4015) of Chapter 9, as follows:
(1) Obtaining or possessing in violation of law, or except as
directed by a licensed physician and surgeon, dentist, or podiatrist,
administering to himself or herself, or furnishing or administering
to another, any controlled substances or any dangerous drug.
(2) Using any controlled substance or any dangerous drug.
(3) Conviction of a criminal offense involving the consumption or
self-administration of, or the possession of, or falsification of a
record pertaining to, any controlled substance or any dangerous drug,
in which event the record of the conviction is conclusive evidence
thereof.
(g) Failure to maintain adequate and accurate records relating to
the provision of services to his or her patients.
(h) Gross negligence or repeated acts of negligence in practice or
in the delivery of physical therapy care.
(i) Aiding or abetting any person to engage in the unlawful
practice of physical therapy.
(j) 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.
(k) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of bloodborne 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 bloodborne 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.
(l) The commission of verbal abuse or sexual harassment.
(m) Engaging in sexual misconduct or violating Section 726.
(n) Permitting a physical therapist assistant or physical therapy
aide under one's supervision or control to perform, or permitting the
physical therapist assistant or physical therapy aide to hold
himself or herself out as competent to perform, professional services
beyond the level of education, training, and experience of the
physical therapist assistant or aide.
(o) The revocation, suspension, or other discipline, restriction,
or limitation imposed by another state upon a license or certificate
to practice physical therapy issued by that state, or the revocation,
suspension, or restriction of the authority to practice physical
therapy by any agency of the federal government.
(p) Viewing a completely or partially disrobed patient in the
course of treatment if the viewing is not necessary to patient
evaluation or treatment under current standards.
(q) Engaging in any act in violation of Section 650, 651, or
654.2.
(r) Charging a fee for services not performed.
(s) Misrepresenting documentation of patient care or deliberate
falsifying of patient records.
(t) Except as otherwise allowed by law, the employment of runners,
cappers, steerers, or other persons to procure patients.
(u) The willful, unauthorized violation of professional
confidence.
(v) Failing to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a patient in confidence during the course of treatment
and all information about the patient that is obtained from tests or
other means.
(w) Habitual intemperance.
(x) Failure to comply with the provisions of Section 2620.1.
SEC. 6. Section 13401.5 of the Corporations Code is amended to
read:
13401.5. Notwithstanding subdivision (d) of Section 13401 and any
other provision of law, the following licensed persons may be
shareholders, officers, directors, or professional employees of the
professional corporations designated in this section so long as the
sum of all shares owned by those licensed persons does not exceed 49
percent of the total number of shares of the professional corporation
so designated herein, and so long as the number of those licensed
persons owning shares in the professional corporation so designated
herein does not exceed the number of persons licensed by the
governmental agency regulating the designated professional
corporation. This section does not limit employment by a professional
corporation designated in this section of only those licensed
professionals listed under each subdivision. Any person duly licensed
under Division 2 (commencing with Section 500) of the Business and
Professions Code, the Chiropractic Act, or the Osteopathic Act may be
employed to render professional services by a professional
corporation designated in this section.
(a) Medical corporation.
(1) Licensed doctors of podiatric medicine.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(12) Licensed physical therapists.
(b) Podiatric medical corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed physical therapists.
(c) Psychological corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed chiropractors.
(8) Licensed acupuncturists.
(9) Naturopathic doctors.
(10) Licensed professional clinical counselors.
(d) Speech-language pathology corporation.
(1) Licensed audiologists.
(e) Audiology corporation.
(1) Licensed speech-language pathologists.
(f) Nursing corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(g) Marriage and family therapist corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed clinical social workers.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed professional clinical counselors.
(h) Licensed clinical social worker corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed marriage and family therapists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed professional clinical counselors.
(i) Physician assistants corporation.
(1) Licensed physicians and surgeons.
(2) Registered nurses.
(3) Licensed acupuncturists.
(4) Naturopathic doctors.
(j) Optometric corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(k) Chiropractic corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed acupuncturists.
(9) Naturopathic doctors.
(10) Licensed professional clinical counselors.
( l ) Acupuncture corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed physician assistants.
(9) Licensed chiropractors.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(m) Naturopathic doctor corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed physician assistants.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Licensed physical therapists.
(8) Licensed doctors of podiatric medicine.
(9) Licensed marriage and family therapists.
(10) Licensed clinical social workers.
(11) Licensed optometrists.
(12) Licensed professional clinical counselors.
(n) Dental corporation.
(1) Licensed physicians and surgeons.
(2) Dental assistants.
(3) Registered dental assistants.
(4) Registered dental assistants in extended functions.
(5) Registered dental hygienists.
(6) Registered dental hygienists in extended functions.
(7) Registered dental hygienists in alternative practice.
(o) Professional clinical counselor corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed clinical social workers.
(4) Licensed marriage and family therapists.
(5) Registered nurses.
(6) Licensed chiropractors.
(7) Licensed acupuncturists.
(8) Naturopathic doctors.
(p) Physical therapy corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed acupuncturists.
(4) Naturopathic doctors.
(5) Licensed occupational therapists.
(6) Licensed speech-language therapists.
(7) Licensed audiologists.
(8) Registered nurses.
(9) Licensed psychologists.
(10) Licensed physician assistants.
SEC. 7. Section 5.5 of this bill incorporates amendments to
Section 2660 of the Business and Professions Code proposed by both
this bill and Senate Bill 198. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2014, (2) each bill amends Section 2660 of the Business and
Professions Code, and (3) this bill is enacted after Senate Bill 198,
in which case Section 5 of this bill shall not become operative.
SEC. 8. 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.