Amended in Senate April 25, 2013

Senate Bill No. 198

Introduced by Senator Price

February 7, 2013

An act to amend Sections begin delete 2602 and 2607.5 of the Business and Professions Code, relating to healings arts. end delete begin insert 2071, 2603, 2604, 2607, 2607.5, 2608, 2608.5, 2611, 2612, 2614, 2615, 2620, 2620.7, 2621, 2630, 2636, 2636.5, 2638, 2651, 2660, 2660.2, 2660.3, 2660.5, 2661, 2661.7, 2663, 2664, 2665, 2666, 2667, 2668, 2669, 2672, and 2682 of, to amend the headings of Article 1 (commencing with Section 2600) of, and Article 2 (commencing with Section 2620) of, Chapter 5.7 of Division 2 of, to amend and renumber Section 2676 of, to amend and renumber the headings of Article 4 (commencing with Section 2650) of, Article 5 (commencing with Section 2660) of, Article 5.5 (commencing with Section 2662) of, Article 6 (commencing with Section 2670) of, Article 7 (commencing with Section 2680) of, and Article 8 (commencing with Section 2690) of, Chapter 5.7 of Division 2 of, to add Sections 2603.5, 2605, 2620.2, 2623, 2630.3, 2630.4, 2630.5, 2633.5, 2633.7, 2639.1, 2654, 2660.4, and 2660.8 to, to add the heading of Article 3 (commencing with Section 2635) to, and to add Article 4 (commencing with Section 2644) to, Chapter 5.7 of Division 2 of, to repeal Sections 2604.5, 2609, 2632, 2640, 2650.1, 2650.2, 2652, 2683, 2684, and 2685 of, to repeal the headings of Article 3 (commencing with Section 2630) of, and Article 6.5 (commencing with Section 2676) of, and to repeal Article 4.5 (commencing with Section 2655) of, Chapter 5.7 of Division 2 of, and to repeal and add Sections 2601, 2622, 2639, 2650, and 2653 of, the Business and Professions Code, and to amend Sections 12529 and 12529.5 of the Government Code, relating to physical therapy, and making an appropriation therefor. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 198, as amended, Price. Physical Therapy Board of California.

begin insert

(1) Existing law, the Physical Therapy Practice Act, provides for the licensure, approval, and regulation of physical therapists and physical therapist assistants by the Physical Therapy Board of California within the Department of Consumer Affairs. A violation of the act is a crime.

end insert begin insert

This bill would revise and recast those provisions. Among other things, the bill would provide for the licensure of physical therapist assistants and impose additional requirements and authority on the board, including to enter into contracts for services necessary for enforcement of the act. The bill would revise the composition of the board and prescribe the duties of the board. The bill would authorize the board, by regulation, to prescribe, amend, or repeal any rules contained within a code of professional conduct appropriate to the establishment and maintenance of integrity and dignity in the profession of physical therapy. The board would modify the definition of physical therapy to include reducing the risk of injury, impairment, functional limitation, and disability. The bill would provide exemptions from the licensure requirements for students and physical therapists licensed in other jurisdictions, as specified. The bill would also make related, technical changes.

end insert begin insert

This bill would also expand the acts that constitute unprofessional conduct to include, among other things, practicing or offering to practice beyond the scope of practice of physical therapy and unlawful possession, use, or conviction of a criminal offense involving a controlled substance. The bill would impose a civil penalty upon a licensee who fails to, or refuses to, comply with a request from the board for the medical records of a patient, as specified. By revising the definition of a crime, this bill would impose a state-mandated local program.

end insert begin insert

(2) Existing law establishes in the Department of Justice the Health Quality Enforcement Section, the primary responsibility of which is to prosecute proceedings against licensees and applicants within the jurisdiction of the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, or any committee under the jurisdiction of the Medical Board of California, and to provide ongoing review of the investigative activities conducted in support of those prosecutions. Existing law requires that the funding of the section from the special funds financing the operations of those boards and the committees under the jurisdiction of the Medical Board of California, with the intent that the expenses be proportionally shared as to services rendered.

end insert begin insert

This bill would additionally include among the primary responsibility of the Section prosecution of proceedings against those licensees and applicants within the jurisdiction of the Physical Therapy Board of California. The bill would also require the funding for the section to be budgeted from the special funds financing the operation of the Physical Therapy Board of California, which is continuously appropriated, thereby making an appropriation.

end insert begin insert

(3) 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

Existing law, the Physical Therapy Practice Act, provides for the licensure and regulation of physical therapists by the Physical Therapy Board of California. Existing law authorizes the board to appoint an executive officer. Existing law repeals these provisions on January 1, 2014.

end delete begin delete

This bill would instead repeal these provisions on January 1, 2018.

end delete

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2071 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

2071.  

The begin delete Division of Licensing end delete begin insert board end insert shall adopt and
administer regulations that establish standards for technical
supportive services that may be performed by a medical assistant.
Nothing in this section shall prohibit the board begin delete or division end delete from
amending or repealing regulations covering medical assistants.
The board begin delete or division end delete shall, prior to the adoption of any regulations,
request recommendations regarding these standards from
appropriate public agencies, including, but not limited to, the State
Board of Optometry, the Board of Registered Nursing, the Board
of Vocational Nursing and Psychiatric Technicians, the Laboratory
Field Services division of the State Department of begin insert Public end insert Health
begin delete Services end delete , those divisions of the State Department of Education
that pertain to private postsecondary education and career and
vocational preparation, the Chancellor of the California Community
Colleges, the California Board of Podiatric Medicine, the Physician
Assistant Examining Committee, and the Physical Therapy
begin delete Examining Committee end delete begin insert Board of California end insert . The begin delete Division of
Licensing end delete begin insert board end insert shall also request recommendations regarding
these standards from associations of medical assistants, physicians
begin insert and surgeons end insert , nurses, doctors of podiatric medicine, physician
assistants, physical therapists, laboratory technologists,
optometrists, and others as the board begin delete or division end delete finds appropriate,
including, but not limited to, the California Optometric Association,
the California Nurses Association, the California Medical
Association, the California Society of Medical Assistants, the
California Medical Assistants’ Association, and the California
begin delete Chapter of the American end delete Physical Therapy Association. Nothing
in this section shall be construed to supersede or modify that
portion of the Administrative Procedure Act begin delete which end delete begin insert that end insert relates to
the procedure for the adoption of regulations and which is set forth
in Article 5 (commencing with Section 11346) of Chapter 3.5 of
Part 1 of Division 3 of Title 2 of the Government Code.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert The heading of Article 1 (commencing with Section
2600) of Chapter 5.7 of Division 2 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

 

Article 1.  Administration begin insert and General Provisions end insert

 

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 2601 of the end insert begin insert Business and Professions Code end insert begin insert is
repealed. end insert

begin delete

2601.  

“Board” as used in this chapter means the Physical
Therapy Board of California.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 2601 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 2601. end insert   

For the purpose of this chapter, the following terms shall
have the following meanings, unless otherwise specified:

(a) “Board” means the Physical Therapy Board of California.

(b) “Physical therapist” means a person who is licensed
pursuant to this chapter to practice physical therapy.

(c) “Physical therapist assistant” means a person who is
licensed pursuant to this chapter to assist in the provision of
physical therapy under the supervision of a licensed physical
therapist. “Physical therapy assistant” and “physical therapist
assistant” shall be deemed identical and interchangeable terms.

(d) “Physical therapist technician” and “physical therapy aide,”
as described in Section 2630.4, shall be deemed identical and
interchangeable terms.

(e) “Physiotherapy” shall be synonymous with “physical
therapy.”

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 2603 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2603.  

The members of the board begin insert shall end insert consist of begin delete the following:
one physical therapist involved in the education of physical
therapists, three physical therapists who shall have practiced
physical therapy for five years and shall be licensed by the board,
and three public members who shall not be licentiates of the board
or of any other board under the Medical Board of California or of
any board referred to in Sections 1000 and 3600. end delete begin insert four physical
therapists, only one of whom shall be involved in physical therapy
education, and three public members. end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 2603.5 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 2603.5. end insert   

(a) The physical therapist members of the board shall
be appointed from persons having all of the following
qualifications:

(1) Be a resident of California.

(2) Possess an unrestricted license in California issued pursuant
to this chapter.

(3) Have been licensed pursuant to this chapter and practicing
in California for at least five years prior to appointment to the
board.

(b) (1) The public members of the board shall have both of the
following qualifications:

(A) Be appointed from persons having all of the qualifications
as set forth in Chapter 6 (commencing with Section 450) of
Division 1.

(B) Be a resident of California.

(2) No public member of the board shall be, nor have been, any
of the following:

(A) An officer or faculty member of any college, school, or
institution involved in physical therapy education.

(B) A licentiate of the Medical Board of California or of any
board under this division or of any board referred to in Section
1000 or 3600.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 2604 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2604.  

The members of the board shall be appointed for a term
of four years, expiring on the first day of June of each year.

The Governor shall appoint one of the public members and the
four physical therapist members of the board qualified as provided
in begin delete Section end delete begin insert Sections end insert 2603 begin insert and 2603.5 end insert . The Senate begin delete Rules end delete Committee
begin insert on Rules end insert and the Speaker of the Assembly shall each appoint a
public member begin delete , and their initial appointment shall be made to fill,
respectively, the first and second public member vacancies which
occur on or after January 1, 1983. end delete begin insert qualified as provided in Section
2603.5. end insert

begin delete

Not more than one member of the board shall be appointed from
the full-time faculty of any university, college, or other educational
institution.

end delete

No person may serve as a member of the board for more than
two consecutive terms. Vacancies shall be filled by appointment
for the unexpired term. Annually, the board shall elect one of its
members as president begin insert and one of its members as vice president end insert .

The appointing power shall have the power to remove any
member of the board from office for neglect of any duty required
by law or for incompetency or unprofessional or dishonorable
conduct.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 2604.5 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2604.5.  

The public members shall be appointed from persons
having all of the following qualifications:

(a) Be a citizen of California.

(b) Shall not be an officer or faculty member of any college,
school or institution engaged in physical therapy education.

(c) Shall not be a licentiate of the Medical Board of California
or of any board under this division or of any board referred to in
Sections 1000 and 3600.

end delete

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 2605 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 2605. end insert   

The board shall do all of the following:

(a) Evaluate the qualifications of applicants for licensure.

(b) Provide for the examinations of physical therapists and
physical therapist assistants and establish a passing score for each
examination.

(c) Issue all licenses for the practice of physical therapy in
California. Except as otherwise required by the director pursuant
to Section 164, the license issued by the board shall describe the
licensee as a “physical therapist” or “physical therapist assistant”
licensed by the Physical Therapy Board of California.

(d) Suspend and revoke licenses and otherwise enforce the
provisions of this chapter.

(e) Administer a continuing competency program.

(f) Participate, as a member, in the Delegate Assembly, and in
applicable committee meetings, of the Federation of State Boards
of Physical Therapy.

(g) Publish, at least annually, a newsletter that includes, but is
not limited to, actions taken by the board, disciplinary actions,
and relevant statutory and regulatory changes.

(h) Provide for the timely orientation and training of new
professional and public member appointees to the board directly
related to board licensing and disciplinary functions and board
rules, policies, and procedures.

(i) Adopt and administer a program of education in matters
relevant to the regulation of physical therapy.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 2607 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2607.  

The board may employ, subject to law, such clerical
assistants and, except as provided in Section 159.5, other
employees as it may deem necessary to carry out its powers and
duties.

The board may begin insert enter into contracts for services necessary for
enforcement of this chapter and may end insert as necessary select and
contract with physical therapy consultants who are licensed
physical therapists to assist it in its programs on an intermittent
basis. Notwithstanding any other provision of law, the board may
contract with these consultants on a sole source basis. For the
purposes of Division 3.6 (commencing with Section 810) of Title
1 of the Government Code, any consultant under contract with the
board shall be considered a public employee.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 2607.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2607.5.  

(a)  begin delete The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who
shall exercise the powers and perform the duties delegated by the
board and vested in him or her by this chapter. end delete begin insert The board may
employ an executive officer exempt from the provisions of the Civil
Service Act and may also employ investigators, legal counsel,
physical therapist consultants, and other assistance as it may deem
necessary to carry out this chapter. The board may fix the
compensation to be paid for services and may incur other expenses
as it may deem necessary. Investigators employed by the board
shall be provided special training in investigating physical therapy
practice activities. end insert

begin insert

(b) The Attorney General shall act as legal counsel for the board
for any judicial and administrative proceedings and his or her
services shall be a charge against it.

end insert begin delete

(b)

end delete

begin insert (c) end insert  This section shall remain in effect only until January 1, begin delete 2014 end delete
begin insert 2018 end insert , and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2014 end delete begin insert 2018 end insert , deletes or extends
that date.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 2608 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2608.  

The procedure in all matters and proceedings relating to
the denial, suspension, begin delete or end delete revocation begin insert , or probationary restriction end insert
of licenses begin insert issued by the board end insert under this chapter shall be governed
by the provisions of Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 2608.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2608.5.  

Each member of the board, or any licensed physical
therapist appointed by the board, may inspect, or require reports
from, a general or specialized hospital or any other facility
providing physical therapy care, treatment or services and the
physical therapy staff thereof, with respect to the physical therapy
care, treatment, services, or facilities provided therein, and may
inspect physical therapy patient records with respect to the care,
treatment, services, or facilities. The authority to make inspections
and to require reports as provided by this section shall not be
delegated by a member of the board to any person other than a
physical therapist and shall be subject to the restrictions against
disclosure described in begin insert subdivision (u) of end insert Section begin delete 2263 end delete begin insert 2660 end insert .

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 2609 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2609.  

The board shall issue, suspend, and revoke licenses and
approvals to practice physical therapy as provided in this chapter.

end delete

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 2611 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2611.  

The board shall begin delete hold at least one regular meeting annually
in the Cities of Sacramento, Los Angeles and San Francisco. end delete begin insert meet
at least three times each calendar year, meeting at least once each
calendar year in northern California and once each calendar year
in southern California. end insert The board may convene from time to time
until its business is concluded. Special meetings of the board may
be held at any time and place as the board may designate. begin insert Four
members of the board shall constitute a quorum for the transaction
of business. end insert

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 2612 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2612.  

begin delete Notice of each meeting of the end delete begin insert The end insert board shall begin delete be given
in accordance end delete begin insert comply end insert with the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Part
1 of Division 3 of Title 2 of the Government Code).

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 2614 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2614.  

begin delete (a) end delete begin delete   end delete The board shall hear all matters, including but not
limited to, any contested case or any petition for reinstatement,
restoration, or modification of probation. Except as otherwise
provided in this chapter, all hearings shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code. If a
contested case is heard by the board the hearing officer who
presided at the hearing shall be present during the board’s
consideration of the case and, if requested, shall assist and advise
the board. begin insert The board shall issue its decision pursuant to Section
11517 of the Government Code. end insert

begin delete

(b) At the conclusion of the hearing, the board shall deny an
application for, or suspend or revoke, or impose probation
conditions upon, a license or approval.

end delete

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 2615 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2615.  

The board shall begin delete from time to time end delete adopt begin insert those end insert regulations
begin delete that end delete begin insert as end insert may be necessary to effectuate this chapter. In adopting
regulations the board shall comply with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert The heading of Article 2 (commencing with Section
2620) of Chapter 5.7 of Division 2 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

 

Article 2.  begin delete General Provisions end delete begin insert Scope of Regulation and
Exemptions end insert

 

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 2620 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2620.  

begin delete (a) end delete begin delete   end delete 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 begin delete 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 physical therapy evaluation, treatment
planning, instruction and consultative services. 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. end delete begin insert person. Physical therapy includes all of the
following: end insert

begin insert

(a) Examining, evaluating, and testing persons with mechanical,
physiological, and developmental impairments, functional
limitations, and disabilities or other health and movement-related
conditions in order to develop a plan of therapeutic intervention.

end insert begin insert

(b) Alleviating impairments, functional limitations, and
disabilities by designing, implementing, and modifying therapeutic
interventions that may include, but are not limited to, therapeutic
exercise; functional training in self-care and in-home, community,
or work integration or reintegration; manual therapy; therapeutic
massage; prescription, application, and, as appropriate,
fabrication of assistive, adaptive, orthotic, prosthetic, protective,
and supportive devices and equipment; airway clearance
techniques; integumentary protection and repair techniques;
debridement and wound care; physical agents or modalities;
mechanical and electrical therapeutic modalities; and
patient-related instruction.

end insert begin insert

(c) Reducing the risk of injury, impairment, functional limitation,
and disability.

end insert begin insert

(d) Promoting and maintaining physical fitness to enhance the
bodily movement-related health and wellness of individuals through
the use of physical therapy interventions.

end insert begin delete

(b) 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.

end delete

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 2620.2 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 2620.2. end insert   

Nothing in this chapter shall restrict or prohibit other
healing arts practitioners licensed or registered under this division
from practice within the scope of their license or registration.

end insert

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 2620.7 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2620.7.  

(a)  begin delete A physical therapist shall document his or her
evaluation, goals, treatment plan, and summary of treatment in the
patient record. end delete begin insert Patient records shall be documented as required
in regulations promulgated by the board. end insert

begin delete

(b) A physical therapist shall document the care actually
provided to a patient in the patient record.

end delete begin delete

(c) A physical therapist shall sign the patient record legibly.

end delete begin delete

(d)

end delete

begin insert (b) end insert  Patient records shall be maintained for a period of no less
than seven years following the discharge of the patient, except that
the records of unemancipated minors shall be maintained at least
one year after the minor has reached the age of 18 years, and not
in any case less than seven years.

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 2621 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2621.  

begin delete Nothing in this chapter shall be construed as authorizing end delete
begin insert This chapter does not authorize end insert a physical therapist to begin insert diagnose
disease, or end insert practice medicine, surgery, or any other form of healing
except as authorized by Section 2620.

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 2622 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2622.  

“Physical therapist” and “physical therapist technician”
mean a person who is licensed pursuant to this chapter to practice
physical therapy. For purposes of this chapter, the term “physical
therapy” and “physiotherapy” shall be deemed identical and
interchangeable.

end delete

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 2622 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 2622. end insert   

(a) A physical therapist shall be responsible for
managing all aspects of the care of each patient as set forth in
regulations promulgated by the board.

(b) A physical therapist shall not supervise more than two
physical therapist assistants at one time to assist the physical
therapist in his or her practice of physical therapy.

(c) A physical therapist may utilize the services of one aide
engaged in patient-related tasks to aid the physical therapist in
his or her practice of physical therapy.

end insert

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 2623 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 2623. end insert   

The board may, by regulation, prescribe, amend, or
repeal any rules contained within a code of professional conduct
appropriate to the establishment and maintenance of integrity and
dignity in the profession of physical therapy. Every licensee of the
board shall be governed and controlled by the rules and standards
adopted by the board.

end insert

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert The heading of Article 3 (commencing with Section
2630) of Chapter 5.7 of Division 2 of the end insert begin insert Business and Professions
Code end insert begin insert is repealed. end insert

begin delete

 

Article 3.  Licensing of Practitioners

 

end delete

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 2630 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

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 the person holds a valid,
unexpired, and unrevoked begin insert physical therapist end insert license issued under
this chapter begin insert , except as authorized by subdivisions (c), (d), (e), and
(g) of Section 2630.5 end insert .

begin delete

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).

end delete begin delete

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.

end delete begin delete

The administration of massage, external baths, or normal exercise
not a part of a physical therapy treatment shall not be prohibited
by this section.

end delete

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 2630.3 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 2630.3. end insert   

(a) A licensed physical therapist assistant holding a
valid, unexpired, and unrevoked physical therapist assistant license
may assist in the provision of physical therapy services only under
the supervision of a physical therapist licensed by the board. A
licensed physical therapist shall at all times be responsible for the
extent, kind, quality, and documentation of all physical therapy
services provided by the physical therapist assistant.

(b) It is unlawful for any person or persons to hold himself or
herself out as a physical therapist assistant, unless at the time of
so doing the person holds a valid, unexpired, and unrevoked
physical therapist assistant license issued under this chapter,
except as authorized in subdivisions (f) and (g) of Section 2630.5.

(c) Physical therapist assistants shall not be independently
supervised by a physical therapist license applicant, as defined in
Section 2639, or a physical therapist student, as defined in Section
2633.7.

(d) A physical therapist assistant shall not perform any
evaluation of a patient or prepare a discharge summary. The
supervising physical therapist shall determine which elements of
the treatment plan, if any, shall be assigned to the physical
therapist assistant. Assignment of patient care shall be
commensurate with the competence of the physical therapist
assistant.

end insert

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 2630.4 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 2630.4. end insert   

(a) A “physical therapy aide” is an unlicensed person,
at least 18 years of age, who aids a licensed physical therapist
consistent with subdivision (b).

(b) The aide shall at all times be under the supervision of the
physical therapist. An aide shall not independently perform
physical therapy or any physical therapy procedure. The board
shall adopt regulations that set forth the standards and
requirements for the supervision of an aide by a physical therapist.

(c) Physical therapy aides shall not be independently supervised
by a physical therapist license applicant, as defined in Section
2639, or a physical therapist student, as defined in Section 2633.7.

(d) This section does not prohibit the administration by a
physical therapy aide of massage, external baths, or normal
exercise not a part of a physical therapy treatment.

end insert

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 2630.5 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 2630.5. end insert   

The following persons are exempt from the licensure
requirements of this chapter when engaged in the following
activities:

(a) A regularly matriculated physical therapist student
undertaking a course of professional instruction in an approved
entry-level physical therapy education program or enrolled in a
program of supervised clinical education under the direction of
an approved physical therapy education program as described in
Section 2651. These physical therapist students may perform
physical therapy as a part of their course of study.

(b) A regularly matriculated physical therapist assistant student
undertaking a course of instruction in an approved physical
therapy education program or enrolled in a program of supervised
clinical education under the direction of an approved physical
therapy education program as described in Section 2651. These
physical therapist assistant students may perform physical therapy
techniques as a part of their course of study.

(c) A physical therapist who holds an unrestricted license in
another jurisdiction of the United States or credentialed to practice
physical therapy in another country if that person is researching,
demonstrating, or providing physical therapy in connection with
teaching or participating in an educational seminar of no more
than 60 days in a calendar year.

(d) A physical therapist located outside this state, when in actual
consultation, whether within this state or across state lines, with
a licensed physical therapist of this state, or when he or she is an
invited guest of the American Physical Therapy Association or
one of its components, or an invited guest of an approved physical
therapy school or college for the sole purpose of engaging in
professional education through lectures, clinics, or demonstrations,
if, at the time of the consultation, lecture, or demonstration, he or
she holds an unrestricted physical therapist license in the state or
country in which he or she resides. The physical therapist shall
not open an office, appoint a place to meet patients, receive calls
from patients within the limits of this state, give orders, or have
ultimate authority over the care of a physical therapy patient who
is located within this state.

(e) A physical therapist who holds an unrestricted license in
another jurisdiction of the United States or credentialed to practice
physical therapy in another country if that person, by contract or
employment, is providing physical therapy to individuals affiliated
with or employed by established athletic teams, athletic
organizations, or performing arts companies temporarily
practicing, competing, or performing in the state for no more than
60 days in a calendar year.

(f) A physical therapist assistant who holds an unrestricted
license in another jurisdiction of the United States and is assisting
a physical therapist engaged in activities described in subdivision
(c), (d), or (e).

(g) A physical therapist or physical therapist assistant who has
a current, valid, and unrestricted license in a jurisdiction of the
United States who is forced to leave his or her residence in a state
other than California due to a governmentally declared emergency.
This exemption applies for no more than 60 days following the
declaration of the emergency. In order to be eligible for this
exemption, the physical therapist or physical therapist assistant
shall notify the board of his or her intent to practice in this state
and provide a valid mailing address, telephone number, and e-mail
address.

end insert

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 2632 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2632.  

All licenses for the practice of physical therapy in this
state shall be issued by the board, and all applications for the
licenses shall be filed with the board. Excepting as otherwise
required by the director pursuant to Section 164, the license issued
by the board shall describe the licensee as a “physical therapist
licensed by the Physical Therapy Board of California.”

Each application shall be accompanied by the application fee
prescribed by Section 2688, shall be signed by the applicant, and
shall contain a statement under oath of the facts entitling the
applicant to receive a license without examination or to take an
examination.

end delete

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Section 2633.5 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 2633.5. end insert   

(a) Only a person licensed as a physical therapist
assistant by the board may use the title “physical therapist
assistant” or “physical therapy assistant” or the letters “PTA”
or any other words, letters, or figures that indicate that the person
is a physical therapist assistant licensed pursuant to this chapter.

(b) The license of a physical therapist assistant shall not
authorize the use of the prefix “LPT,” “RPT,” “PT,” or Dr.,” or
the title “physical therapist,” “therapist,” “doctor,” or any affix
indicating or implying that the physical therapist assistant is a
physical therapist or doctor.

end insert

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 2633.7 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 2633.7. end insert   

During a period of clinical practice described in
Section 2650 or in any similar period of observation of related
educational experience involving recipients of physical therapy,
a person so engaged shall be identified only as a “physical
therapist student” or a “physical therapist assistant student,” as
authorized by the board in its regulations.

end insert

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert The heading of Article 3 (commencing with Section
2635) is added to Chapter 5.7 of Division 2 of the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 3. end insert   Qualifications and Requirements for Licensure

 

end insert

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Section 2636 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2636.  

(a) Except as otherwise provided in this chapter, no
person shall receive a license under this chapter without first
successfully passing the following examinations begin insert , where success
is determined based on the examination passing standard set by
the board end insert :

(1) An examination under the direction of the board to
demonstrate the applicant’s knowledge of the laws and regulations
related to the practice of physical therapy in California. The
examination shall reasonably test the applicant’s knowledge of
these laws and regulations.

(2) The begin delete national end delete physical therapy examination for the applicant’s
licensure category. The examination for licensure as a physical
therapist shall test entry-level competence to practice physical
therapy. The examination for licensure as a physical therapist
assistant shall test entry-level competence to practice as a physical
therapist assistant in the technical application of physical therapy
services.

(b) An applicant may take the examinations for licensure as a
physical therapist or for licensure as a physical therapist assistant
after the applicant has met the educational requirements for that
particular category of licensure.

(c) The examinations required by the board for a license under
this chapter may be conducted by the board or by a public or
private organization specified by the board. The examinations may
be conducted under a uniform examination system and, for that
purpose, the board may make arrangements with organizations
furnishing examination materials as may, in its discretion, be
desirable.

begin delete

(d) The board shall establish a passing score for the examinations
for licensure as a physical therapist and for the examinations for
licensure as a physical therapist assistant. The board shall issue a
license to an applicant who is otherwise qualified for licensure
under this chapter and who receives a passing score as established
by the board on the examinations.

end delete

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Section 2636.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2636.5.  

(a) An applicant may be issued a license without a
written examination if he or she meets all of the following:

(1) He or she is at the time of application licensed begin delete or registered end delete
as a physical therapist begin insert or physical therapist assistant end insert in a state,
district, or territory of the United States having, in the opinion of
the board, requirements for licensing begin delete or registration end delete equal to or
higher than those in California, and he or she has passed, to the
satisfaction of the board, an examination for licensing begin delete or
registration end delete that is, in the opinion of the board, comparable to the
examination used in this state.

(2) He or she is a graduate of a physical therapist begin insert or physical
therapist assistant end insert education program approved by the board, or
has met the requirements of Section begin insert 2639.1, end insert 2653 begin insert , or 2654 end insert .

(3) He or she files an application begin delete as provided in Section 2632 end delete
begin insert with the board end insert and meets the requirements prescribed by Sections
2635 and 2650.

(b) An applicant for licensure under subdivision (a), whose
application is based on a certificate issued by a physical therapy
licensing authority of another state may be required to begin delete pass an oral
examination given by the board and end delete file a statement of past work
activity.

(c) An applicant who has filed a physical therapy application
under this section with the board for the first time may, between
the date of receipt of notice that his or her application is on file
and the date of receipt of his or her license, perform as a physical
therapist under the begin delete direct and immediate end delete supervision of a physical
therapist licensed in this state.

During this period the applicant shall identify himself or herself
only as a “physical therapist begin insert license applicant end insert begin insert ” or “physical
therapist assistant end insert license begin delete applicant.” end delete begin insert applicant,” as appropriate. end insert

If the applicant under this section does not qualify and receive
a license as provided in this section and does not qualify under
Section 2639 begin insert , end insert all privileges under this section shall terminate upon
notice by begin delete certified mail, return receipt requested end delete begin insert the board end insert . An
applicant may only qualify once to perform as a physical therapist
license applicant.

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 2638 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2638.  

Any applicant for licensure as a physical therapist begin insert or
physical therapist assistant end insert who fails to pass the examination
required by the board may take another examination and shall pay
the reexamination fee.

begin insert

begin insert SEC. 39. end insert   

end insert

begin insert Section 2639 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2639.  

Every graduate of an approved physical therapist
education program who has filed a complete application for
licensure with the board for the first time may, following receipt
of a letter of authorization to perform as a “physical therapist
license applicant,” perform as a physical therapist under the direct
and immediate supervision of a physical therapist licensed in this
state pending the results of the first licensing examination
administered for which he or she is eligible following graduation
from an approved physical therapist education program. During
this period the applicant shall identify himself or herself only as
a “physical therapist license applicant.” If the applicant passes the
examination, the physical therapist license applicant status shall
remain in effect until a regular renewable license is issued, or
licensure is denied, by the board. If the applicant fails the licensing
examination, or if he or she passes the examination but licensure
is denied, the applicant shall be prohibited from performing as a
physical therapist license applicant at any time in the future.

A person shall not be considered a graduate unless he or she has
successfully completed all the clinical training and internships
required for graduation from the program.

If the applicant fails to take the next succeeding examination
without due cause or fails to pass the examination or receive a
license, all privileges under this section shall terminate upon notice
by certified mail, return receipt requested. An applicant may only
qualify once to perform as a physical therapist license applicant.

end delete

begin insert

begin insert SEC. 40. end insert   

end insert

begin insert Section 2639 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 2639. end insert   

(a) (1) Every graduate of an approved physical therapy
education program who has filed a complete application, as defined
in regulation, for licensure with the board and has been awarded
either physical therapist license applicant status or physical
therapist assistant license applicant status shall practice under
the supervision of a licensed physical therapist pursuant to this
chapter for no more than 120 days pending the results of the first
licensing examination administered. If the applicant passes the
examination, the physical therapist license applicant status or
physical therapist assistant license applicant status shall remain
in effect until a regular renewable license is issued, or licensure
is denied, by the board. A supervising physical therapist shall
document receipt of the letter authorizing the physical therapist
license applicant status or physical therapist assistant license
applicant status and record the expiration date of that status in
the employee record. A supervising physical therapist shall require
the applicant to provide documentation of the license issued at the
conclusion of the physical therapist license applicant status or
physical therapist assistant license applicant status. During this
period the applicant shall identify himself or herself only as
“physical therapist license applicant” or “physical therapist
assistant license applicant,” as appropriate.

(2) A person shall not be considered a graduate unless he or
she has successfully completed all the clinical training and
internship required for graduation from the education program.

(3) A person who has filed a complete application pursuant to
Section 2636.5 may be issued license applicant status authorizing
that individual to practice under the provisions described in
paragraph (1).

(b) A physical therapist license applicant who has been awarded
license applicant status may perform as a physical therapist if he
or she is under the supervision of a physical therapist licensed by
the board. A physical therapist assistant license applicant who
has been awarded license applicant status may perform as a
physical therapist assistant if he or she is under the supervision
of a physical therapist licensed by the board. The applicant shall
comply with any requirements applicable to the license for which
he or she applied. An applicant may not perform in those capacities
if he or she fails the first examination attempt.

end insert

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Section 2639.1 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 2639.1. end insert   

A person seeking licensure as a physical therapist
assistant having, in the opinion of the board, training or
experience, or a combination of training and experience, equivalent
to that obtained in an approved physical therapist assistant
education program, and who is, at the time of application, a person
over 18 years of age, not addicted to alcohol or any controlled
substance, and who has not committed acts or crimes constituting
grounds for denial of licensure under Section 480 may apply to
the board for licensure.

end insert

begin insert

begin insert SEC. 42. end insert   

end insert

begin insert Section 2640 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2640.  

(a) If the board uses computer administered testing for
the administration of the licensing examination, this section shall
apply and Section 2639 shall not apply.

(b) Every graduate of an approved physical therapist education
program who has filed a complete application for licensure with
the board for the first time may, following receipt of a letter of
authorization to take the licensing examination and perform as a
“physical therapist license applicant,” perform as a physical
therapist under the direct and immediate supervision of a physical
therapist licensed in this state, for 90 days pending the results of
the first licensing examination administered. During this period,
the applicant shall identify himself or herself only as a “physical
therapist license applicant.” If the applicant passes the examination,
the physical therapist license applicant status shall remain in effect
until a regular renewable license is issued, or licensure is denied,
by the board.

(c) A person shall not be considered a graduate unless he or she
has successfully completed all the clinical training and internships
required for graduation from the program.

(d) If the applicant fails to take the examination within 90 days
or fails to pass the examination or receive a license, all privileges
under this section shall terminate. An applicant may only qualify
once to perform as a physical therapist license applicant.

end delete

begin insert

begin insert SEC. 43. end insert   

end insert

begin insert Article 3 (commencing with Section 2644) is added
to Chapter 5.7 of Division 2 of the end insert begin insert Business and Professions Code end insert begin insert ,
to read: end insert

begin insert

 

Article begin insert 3. end insert   Renewal of Licenses

 

begin insert 2644. end insert   

(a) Every license issued under this chapter shall expire
at 12 a.m. on the last day of the birth month of the licensee during
the second year of a two-year term, if not renewed.

(b) To renew an unexpired license, the licensee shall, on or
before the date on which it would otherwise expire, apply for
renewal on a form prescribed by the board, pay the prescribed
renewal fee, and submit proof of the completion of continuing
competency required by the board pursuant to Section 2649. The
licensee shall disclose on his or her license renewal application
any misdemeanor or other criminal offense for which he or she
has been found guilty or to which he or she has pleaded guilty or
no contest.

begin insert 2645. end insert   

At least 60 days before the expiration of any license, the
board shall mail to each licensee under this chapter, at the latest
address furnished by the licensee to the board, a notice stating the
amount of the renewal fee and the date on which it is due, and that
failure to pay it on or before the due date shall result in expiration
of the license.

begin insert 2646. end insert   

A license that has expired may be renewed at any time
within five years after its expiration by applying for renewal as
set forth in Section 2644. Renewal under this section shall be
effective on the date on which the renewal application is filed, on
the date on which the renewal fee or accrued renewal fees are
paid, or on the date on which the delinquency fee and penalty fee,
if any, are paid, whichever last occurs. A renewed license shall
continue in effect through the expiration date set forth in Section
2644 that next occurs after the effective date of the renewal, at
which time it shall expire and become invalid if it is not so renewed.

begin insert 2647. end insert   

A person who fails to renew his or her license within
five years after its expiration may not renew it, and it shall not be
reissued, reinstated, or restored thereafter. However, the person
may apply for a new license if he or she satisfies the requirements
set forth in Article 3 (commencing with Section 2635).

begin insert 2648. end insert   

(a) A licensee is exempt from the payment of the renewal
fee while engaged in full-time training or active service in the
United States Army, Navy, Air Force, Marines, or Coast Guard,
or in the United States Public Health Service.

(b) A person exempted from the payment of the renewal fee by
this section shall not engage in any practice of, or assistance in
the provision of, physical therapy not related to his or her military
service and shall become liable for payment of the fee for the
current renewal period upon his or her discharge from full-time
active service and shall have a period of 60 days after becoming
liable within which to pay the renewal fee before the delinquency
fee is required. Any person who is discharged from active service
within 60 days of the end of the renewal period is exempt from the
payment of the renewal fee for that period.

(c) The time spent in full-time active service or training shall
not be included in the computation of the five-year period for
renewal and reinstatement of licensure provided in Section 2646.

(d) A person exempt from renewal fees under this section shall
not be exempt from meeting the requirements of Section 2649.

begin insert 2648.3. end insert   

A licensee who demonstrates to the satisfaction of the
board that he or she is unable to practice, or assist in the provision
of, physical therapy due to a disability may request a waiver of
the license renewal fee. The granting of a waiver shall be at the
discretion of the board and may be terminated at any time. Waivers
shall be based on the inability of a licensee to practice, or assist
in the provision of, physical therapy. A licensee whose renewal
fee has been waived pursuant to this section shall not engage in
the practice of, or assist in the provision of, physical therapy unless
and until the licensee pays the current renewal fee and does either
of the following:

(a) Establishes to the satisfaction of the board, on a form
prescribed by the board and signed under penalty of perjury, that
the licensee’s disability either no longer exists or does not affect
his or her ability to practice, or assist in the provision of, physical
therapy safely.

(b) Signs an agreement, on a form prescribed by the board and
signed under penalty of perjury, to limit his or her practice of, or
assistance in the provision of, physical therapy in the manner
prescribed by his or her reviewing physician.

(c) A person exempt from renewal fees under this section shall
not be exempt from meeting the requirements of Section 2649.

begin insert 2648.5. end insert   

(a) The renewal fee shall be waived for licensees
residing in California who certify to the board that license renewal
is for the sole purpose of providing voluntary, unpaid physical
therapy services.

(b) A person exempt from renewal fees under this section shall
not be exempt from meeting the requirements of Section 2649.

begin insert 2648.7. end insert   

A licensee is exempt from the payment of the renewal
fee and from meeting the requirements set forth in Section 2649
if he or she has applied to the board for retired license status. A
holder of a license in retired status pursuant to this section shall
not engage in the practice of, or assist in the provision of, physical
therapy unless the licensee applies for renewal and meets all of
the requirements as set forth in Section 2644.

end insert

begin insert

begin insert SEC. 44. end insert   

end insert

begin insert The heading of Article 4 (commencing with Section
2650) of Chapter 5.7 of Division 2 of the end insert begin insert Business and Professions
Code end insert begin insert is amended and renumbered to read: end insert

 

Article begin delete 4. end delete begin insert 5. end insert   Educational Standards

 

begin insert

begin insert SEC. 45. end insert   

end insert

begin insert Section 2650 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2650.  

(a) Except as otherwise provided in this chapter, each
applicant for a license as a physical therapist shall be a graduate
of a professional degree program of an accredited postsecondary
institution or institutions approved by the board, and shall have
completed a professional education including academic coursework
and clinical internship in physical therapy.

(b) As referenced in the evaluative criteria of the Commission
on Accreditation in Physical Therapy Education of the American
Physical Therapy Association, the curriculum shall consist of a
combination of didactic, clinical, and research experiences in
physical therapy using critical thinking and weighing of evidence,
and shall include, at a minimum, all of the following:

(1) The sciences basic to physical therapy including biomedical,
physical, physiological, neurobiological, anatomical, social and
behavioral sciences.

(2) Clinical sciences including laboratory or other practical
experiences involving quantitative and qualitative evaluation within
the scope of physical therapy practice including kinesiology,
neuroscience, pathology, human development, and gerontology.

(3) Treatment that constitutes the practice of physical therapy.

(4) Learning experiences provided in the areas of administration,
education, and consultation.

(5) Research methods including the review and critical analysis
of research reports.

(6) Ethical, legal, and economical concepts of physical therapy
practice.

(c) Each applicant shall have at least 18 weeks of full-time
clinical experience with a variety of patients.

end delete

begin insert

begin insert SEC. 46. end insert   

end insert

begin insert Section 2650 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 2650. end insert   

(a) The physical therapist education requirements are
as follows:

(1) Except as otherwise provided in this chapter, each applicant
for a license as a physical therapist shall be a graduate of a
professional degree program of an accredited postsecondary
institution or institutions approved by the board and shall have
completed a professional education program including academic
course work and clinical internship in physical therapy.

(2) Unless otherwise specified by the board by regulation, the
educational requirements shall include instruction in the subjects
prescribed by the Commission on Accreditation in Physical
Therapy Education (CAPTE) of the American Physical Therapy
Association or the Accreditation Council of Canadian
Physiotherapy and shall include a combination of didactic and
clinical experiences. The clinical experience shall include at least
18 weeks of full-time experience with a variety of patients.

(b) The physical therapist assistant educational requirements
are as follows:

(1) Except as otherwise provided in this chapter, each applicant
for a license as a physical therapist assistant shall be a graduate
of a physical therapist assistant program of an accredited
postsecondary institution or institutions approved by the board,
and shall have completed both the academic and clinical
experience required by the physical therapist assistant program,
and have been awarded an associate degree.

(2) Unless otherwise specified by the board by regulation, the
educational requirements shall include instruction in the subjects
prescribed by the CAPTE of the American Physical Therapy
Association or the Accreditation Council of Canadian
Physiotherapy or such other body as may be approved by the board
by regulation and shall include a combination of didactic and
clinical experiences. The clinical experience shall include at least
18 weeks of full-time experience with a variety of patients.

end insert

begin insert

begin insert SEC. 47. end insert   

end insert

begin insert Section 2650.1 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2650.1.  

During the period of clinical practice referred to in
Section 2650 or in any similar period of observation or related
educational experience involving recipients of physical therapy,
a person so engaged shall be identified only as a “physical therapy
student,” or as a “physical therapy intern” as authorized by the
board in its regulations.

end delete

begin insert

begin insert SEC. 48. end insert   

end insert

begin insert Section 2650.2 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2650.2.  

Nothing in this chapter shall be construed to prevent
a regularly matriculated student undertaking a course of
professional instruction in an approved physical therapist education
program or a student enrolled in a program of supervised clinical
training under the direction of an approved physical therapist
education program pursuant to Section 2651, from performing
physical therapy as a part of his or her course of study.

end delete

begin insert

begin insert SEC. 49. end insert   

end insert

begin insert Section 2651 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2651.  

The board begin delete may end delete begin insert shall end insert approve only those physical
therapist begin insert and physical therapist assistant end insert education programs that
prove to the satisfaction of the board that they comply with the
minimum physical begin delete therapy end delete begin insert therapist or physical therapist assistant end insert
educational requirements set forth in this chapter and adopted by
the board pursuant to this chapter. Physical therapist begin insert and physical
therapist assistant end insert education programs that are accredited by the
Commission on Accreditation in Physical Therapy Education of
the American Physical Therapy Association begin insert (APTA) or the
Accreditation Council of Canadian Physiotherapy or such other
body as may be approved by the board by regulation, end insert shall be
deemed approved by the board unless the board determines
otherwise. begin insert This chapter shall not prohibit the board from
disapproving any foreign physical therapist or physical therapist
assistant educational program or from denying an applicant if, in
the opinion of the board, the instruction received by the applicant
or the courses offered by the program were not equivalent to that
which is required by this chapter. end insert

begin insert

begin insert SEC. 50. end insert   

end insert

begin insert Section 2652 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2652.  

All physical therapist education programs, whether
situated in this state or not, furnishing courses of study meeting
the standards required by Sections 2650 and 2651 and the
regulations of the board adopted pursuant to this chapter shall be
approved by the board and shall be entitled to compel this approval,
if it is denied, by action in the Superior Court of the State of
California, the procedure and power of the court in which action
shall be the same as provided in Section 2087.

end delete

begin insert

begin insert SEC. 51. end insert   

end insert

begin insert Section 2653 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2653.  

(a) An applicant for a license as a physical therapist
who was issued a diploma by a physical therapist education
program that is not an approved program and is not located in the
United States shall meet all of the following requirements in order
to be licensed as a physical therapist:

(1) Furnish documentary evidence satisfactory to the board, that
he or she has completed the equivalent professional degree to that
issued by a United States accredited physical therapist education
program in a physical therapist education program that entitles the
applicant to practice as a physical therapist in the country where
the diploma was issued. The physical therapy education received
by the applicant shall meet the criteria set forth in subdivisions (b)
and (c) of Section 2650. The board may require an applicant to
submit documentation of his or her education to a credentials
evaluation service for review and a report to the board.

(2) Pass the written examination required by Section 2636. The
requirements to pass the written examination shall not apply to an
applicant who at the time of application has passed, to the
satisfaction of the board, an examination for licensure in another
state, district, or territory of the United States, that is, in the opinion
of the board, comparable to the examination given in this state.

(3) Complete a period of clinical service under the direct and
immediate supervision of a physical therapist licensed by the board
which does not exceed nine months in a location approved by the
board, in a manner satisfactory to the board. The applicant shall
have passed the written examination required in subdivision (b)
prior to commencing the period of clinical service. The board shall
require the supervising physical therapist to evaluate the applicant
and report his or her findings to the board. The board may in its
discretion waive all or part of the required clinical service pursuant
to guidelines set forth in its regulations. During the period of
clinical service until he or she is issued a license as a physical
therapist by the board, the applicant shall be identified as a
“physical therapist license applicant.”

(4) An applicant for licensure under this subdivision, whose
application is based on a certificate issued by a physical therapist
licensing authority of another state, may be required to pass an
oral examination given by the board, and to file a statement of past
work activity.

(b) Nothing contained in this section shall prohibit the board
from disapproving any foreign physical therapist education
program or from denying the applicant if, in the opinion of the
board, the instruction received by the applicant or the courses were
not equivalent to that required by this chapter. If the applicant does
not qualify to take the physical therapist examination, his or her
education may be evaluated and the applicant may be eligible to
take the physical therapist assistant examination.

end delete

begin insert

begin insert SEC. 52. end insert   

end insert

begin insert Section 2653 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 2653. end insert   

An applicant for a license as a physical therapist who
has graduated from a physical therapist education program that
is not approved by the board and is not located in the United States
shall do all of the following:

(a) Furnish documentary evidence satisfactory to the board,
that he or she has completed a professional degree in a physical
therapist educational program substantially equivalent at the time
of his or her gradation to that issued by a board approved physical
therapist education program. The professional degree must entitle
the applicant to practice as a physical therapist in the country
where the diploma was issued. The applicant shall meet the
educational requirements set forth in paragraph (2) of subdivision
(a) of Section 2650. The board may require an applicant to submit
documentation of his or her education to a credentials evaluation
service for review and a report to the board.

(b) Demonstrate proficiency in English by achieving a score
specified by the board on the Test of Spoken English administered
by the Educational Testing Services or such other examination as
may be specified by the board by regulation.

(c) Complete nine months of clinical service in a location
approved by the board under the supervision of a physical therapist
licensed by a United States jurisdiction, in a manner satisfactory
to the board. The applicant shall have passed the written
examination required in Section 2636 prior to commencing the
period of clinical service. The board shall require the supervising
physical therapist to evaluate the applicant and report his or her
findings to the board. The board may in its discretion waive all or
part of the required clinical service pursuant to guidelines set forth
in its regulations. During the period of clinical service, the
applicant shall be identified as a physical therapist license
applicant. If an applicant fails to complete the required period of
clinical service, the board may, for good cause shown, allow the
applicant to complete another period of clinical service.

end insert

begin insert

begin insert SEC. 53. end insert   

end insert

begin insert Section 2654 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 2654. end insert   

If an applicant who has graduated from a physical
therapist education program that is not approved by the board
and is not located in the United States does not qualify to take the
physical therapist examination, his or her education may be
evaluated by the board and the applicant may be eligible to take
the physical therapist assistant examination.

end insert

begin insert

begin insert SEC. 54. end insert   

end insert

begin insert Article 4.5 (commencing with Section 2655) of
Chapter 5.7 of Division 2 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 55. end insert   

end insert

begin insert The heading of Article 5 (commencing with Section
2660) of Chapter 5.7 of Division 2 of the end insert begin insert Business and Professions
Code end insert begin insert is amended and renumbered to read: end insert

 

Article begin delete 5. end delete begin insert 6. end insert   begin delete Suspension, Revocation and Reinstatement of
License end delete begin insert Enforcement end insert

 

begin insert

begin insert SEC. 56. end insert   

end insert

begin insert Section 2660 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2660.  

begin insert Unprofessional conduct constitutes grounds for citation,
discipline, denial of a license, or issuance of a probationary
license. end insert The board may, after the conduct of appropriate
proceedings under the Administrative Procedure Act, begin insert issue a
citation, impose discipline, deny a license, end insert suspend for not more
than 12 months, or revoke, or impose probationary conditions upon
any license begin delete , certificate, or approval end delete issued under this chapter for
unprofessional conduct that includes, begin insert in addition to other
provisions of this chapter, end insert but is not limited to, begin delete one or any
combination of end delete the following begin delete causes end delete :

begin insert

(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.

end insert begin delete

(a)

end delete

begin insert (b) end insert  Advertising in violation of Section 17500.

begin insert

(c) Obtaining or attempting to obtain a license by fraud or
misrepresentation.

end insert begin insert

(d) Practicing or offering to practice beyond the scope of
practice of physical therapy.

end insert begin delete

(b) Fraud in the procurement of any license under this chapter.

end delete begin delete

(c) Procuring or aiding or offering to procure or aid in criminal
abortion.

end delete begin delete

(d)

end delete

begin insert (e) end insert  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.

begin delete

(e) Habitual intemperance.

end delete begin delete

(f) Addiction to the excessive use of any habit-forming drug.

end delete begin insert

(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:

end insert begin insert

(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.

end insert begin insert

(2) Using any controlled substance or any dangerous drug.

end insert begin insert

(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.

end insert begin insert

(g) Failure to maintain adequate and accurate records relating
to the provision of services to his or her patients.

end insert begin delete

(g)

end delete

begin insert (h) end insert  Gross negligence begin insert or repeated acts of negligence end insert in begin delete his or
her end delete practice begin delete as a physical therapist or physical therapist assistant end delete
begin insert or in the delivery of physical therapy care end insert .

begin delete

(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.

end delete begin delete

(i) The aiding or abetting of any person to violate this chapter
or any regulations duly adopted under this chapter.

end delete begin delete

(j) The aiding

end delete

begin insert (i) end insert begin insert   end insert begin insert Aiding end insert or abetting begin delete of end delete any person to engage in the unlawful
practice of physical therapy.

begin delete

(k)

end delete

begin insert (j) end insert  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.

begin delete

(l)

end delete

begin insert (k) end insert  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.

begin delete

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.

end delete begin delete

(m)

end delete

begin insert (l) end insert  The commission of verbal abuse or sexual harassment.

begin insert

(m) Engaging in sexual misconduct or violating Section 726.

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(q) Engaging in any act in violation of Section 650, 651, or
654.2.

end insert begin insert

(r) Charging a fee for services not performed.

end insert begin insert

(s) Misrepresenting documentation of patient care or deliberate
falsifying of patient records.

end insert begin insert

(t) Except as otherwise allowed by law, the employment of
runners, cappers, steerers, or other persons to procure patients.

end insert begin insert

(u) The willful, unauthorized violation of professional
confidence.

end insert begin insert

(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.

end insert begin insert

(w) Habitual intemperance.

end insert

begin insert

begin insert SEC. 57. end insert   

end insert

begin insert Section 2660.2 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2660.2.  

(a) The board may refuse a license to any applicant
guilty of unprofessional conduct or sexual activity referred to in
Section 2660.1. The board may, in its sole discretion, issue begin insert a public
letter of reprimand in accordance with Section 2660.3 or may
issue end insert a probationary license to any applicant for a license who is
guilty of unprofessional conduct but who has met all other
requirements for licensure. The board may issue the license subject
to any terms or conditions not contrary to public policy, including,
but not limited to, the following:

(1) Medical or psychiatric evaluation.

(2) Continuing medical or psychiatric treatment.

(3) Restriction of the type or circumstances of practice.

(4) Continuing participation in a board-approved rehabilitation
program.

(5) Abstention from the use of alcohol or drugs.

(6) Random fluid testing for alcohol or drugs.

(7) Compliance with laws and regulations governing the practice
of physical therapy.

(b) The applicant shall have the right to appeal the denial, or
the issuance with terms and conditions, of any license in
accordance with Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, and the
board shall have all the powers granted therein. The action shall
be final, except that the propriety of the action is subject to review
by the superior court pursuant to Section 1094.5 of the Code of
Civil Procedure.

begin insert

(c) In lieu of refusing a license, the board may, upon stipulation
or agreement by the licensee, issue a public letter of reprimand
after it has conducted an investigation or inspection as provided
for in this chapter. The public letter of reprimand may include a
requirement for specified training or education, and cost recovery
for investigative costs. The board shall notify the licensee of its
intention to issue the letter 30 days before the intended issuance
date of the letter. The licensee shall indicate in writing at least 15
days prior to the letter’s intended issuance date whether he or she
agrees to the issuance of the letter. The board, at its option, may
extend the time within which the licensee may respond to its
notification. If the licensee does not agree to the issuance of the
letter, the board shall not issue the letter and may proceed to file
the accusation. The board may use a public letter of reprimand
only for minor violations, as defined by the board, committed by
the applicant. A public letter of reprimand issued pursuant to this
section shall be disclosed by the board to an inquiring member of
the public and shall be posted on the board’s Internet Web site.

end insert

begin insert

begin insert SEC. 58. end insert   

end insert

begin insert Section 2660.3 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2660.3.  

In lieu of filing or prosecuting a formal accusation
against a licensee, the board may, upon stipulation or agreement
by the licensee, issue a public letter of reprimand after it has
conducted an investigation or inspection as provided for in this
chapter. begin insert The public letter of reprimand may include a requirement
for specified training or education, and cost recovery for
investigative costs. end insert The board shall notify the licensee of its
intention to issue the letter 30 days before the intended issuance
date of the letter. The licensee shall indicate in writing at least 15
days prior to the letter’s intended issuance date whether he or she
agrees to the issuance of the letter. The board, at its option, may
extend the time within which the licensee may respond to its
notification. If the licensee does not agree to the issuance of the
letter, the board shall not issue the letter and may proceed to file
the accusation. The board may use a public letter of reprimand
only for minor violations, as defined by the board, committed by
the licensee. A public letter of reprimand issued pursuant to this
section shall be disclosed by the board to an inquiring member of
the public and shall be posted on the board’s Internet Web site.

begin insert

begin insert SEC. 59. end insert   

end insert

begin insert Section 2660.4 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 2660.4. end insert   

A licensee who fails or refuses to comply with a request
from the board for the medical records of a patient, that is
accompanied by that patient’s written authorization for release
of records to the board, within 15 days of receiving the request
and authorization shall pay to the board a civil penalty of one
thousand dollars ($1,000) per day for each day that the records
have not been produced after the 15th day, unless the licensee is
unable to provide the records within this time period for good
cause.

end insert

begin insert

begin insert SEC. 60. end insert   

end insert

begin insert Section 2660.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2660.5.  

The board shall deny a physical therapist license or
physical therapist assistant begin delete approval end delete begin insert license end insert to an applicant who
is required to register pursuant to Section 290 of the Penal Code.
This section does not apply to an applicant who is required to
register as a sex offender pursuant to Section 290 of the Penal
Code solely because of a misdemeanor conviction under Section
314 of the Penal Code.

begin insert

begin insert SEC. 61. end insert   

end insert

begin insert Section 2660.8 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 2660.8. end insert   

A licensee whose matter has been heard by an
administrative law judge of the Medical Quality Hearing Panel
as designated in Section 11371 of the Government Code, or whose
default has been entered or who has entered into a stipulation for
disciplinary action with the board, may, in accordance with the
provisions of this chapter:

(a) Have his or her license revoked upon order of the board.

(b) Have his or her right to practice suspended for a period not
to exceed one year upon order of the board.

(c) Be placed on probation and required to pay the costs of
probation monitoring upon order of the board.

(d) Be publicly reprimanded by the board.

(e) Be required to surrender his or her license based on an
order of the board.

(f) Have any other action taken in relation to discipline as part
of an order of probation, as the board or an administrative law
judge may deem proper.

end insert

begin insert

begin insert SEC. 62. end insert   

end insert

begin insert Section 2661 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2661.  

A plea or verdict of guilty or a conviction following a
plea of nolo contendere begin delete made to a charge of a felony or of any
offense which substantially relates to the qualifications, functions,
or duties of a physical therapist end delete is deemed to be a conviction within
the meaning of this article. The board may order begin delete the license
suspended or revoked, or may decline to issue a license, end delete begin insert discipline
of the licensee in accordance with Section 2660 or the board may
take action as authorized in Section 2660.2 on an application end insert when
the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal or when an order granting probation is
made suspending the imposition of sentence, irrespective of a
subsequent order under Section 1203.4 of the Penal Code allowing
that person to withdraw his or her plea of guilty and to enter a plea
of not guilty, or setting aside the verdict of guilty, or dismissing
the accusation, information, or indictment.

begin insert

begin insert SEC. 63. end insert   

end insert

begin insert Section 2661.7 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2661.7.  

(a) A person whose license begin delete or approval end delete has been
revoked or suspended, or who has been placed on probation, may
petition the begin delete Physical Therapy Board of California end delete begin insert board end insert for
reinstatement or modification of penalty, including modification
or termination of probation, after a period of not less than the
following minimum periods has elapsed from the effective date
of the decision ordering that disciplinary action:

(1) At least three years for reinstatement of a license or approval
revoked for unprofessional conduct, except that the board may,
for good cause shown, specify in a revocation order that a petition
for reinstatement may be filed after two years.

(2) At least two years for early termination begin insert or one year for
modification of a condition end insert of probation of three years or more.

(3) At least one year for begin delete modification of a condition, or end delete
reinstatement of a license begin delete or approval end delete revoked for mental or
physical illness, begin insert or for modification of a condition, end insert or termination
of probation of less than three years.

(b) The petition shall state any facts as may be required by the
board. The petition shall be accompanied by at least two verified
recommendations from physical therapists licensed by the board
who have personal knowledge of the activities of the petitioner
since the disciplinary penalty was imposed.

(c) The petition may be heard by the board. The board may
assign the petition to an administrative law judge designated in
Section 11371 of the Government Code. After a hearing on the
petition, the administrative law judge shall provide a proposed
decision to the begin delete committee end delete begin insert board end insert that shall be acted upon in
accordance with the Administrative Procedure Act.

(d) The board or the administrative law judge hearing the
petition begin delete , end delete may consider all activities of the petitioner since the
disciplinary action was taken, the offense for which the petitioner
was disciplined, the petitioner’s activities during the time the
license was in good standing, and the petitioner’s rehabilitative
efforts, general reputation for truth, and professional ability. The
hearing may be continued, as the begin insert board or the end insert administrative law
judge designated in Section 11371 of the Government Code finds
necessary.

(e) The administrative law judge designated in Section 11371
of the Government Code when hearing a petition for reinstating a
license begin delete or approval end delete , or modifying a penalty, may recommend the
imposition of any terms and conditions deemed necessary.

(f) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during
which the petitioner is on court-imposed probation or parole. No
petition shall be considered while there is an accusation or petition
to revoke probation pending against the begin delete person end delete begin insert petitioner end insert . The
board may deny, without a hearing or argument, any petition filed
pursuant to this section within a period of two years from the
effective date of the prior decision following a hearing under this
section.

(g) Nothing in this section shall be deemed to alter Sections 822
and 823.

begin insert

begin insert SEC. 64. end insert   

end insert

begin insert The heading of Article 5.5 (commencing with Section
2662) of Chapter 5.7 of Division 2 of the end insert begin insert Business and Professions
Code end insert begin insert is amended and renumbered to read: end insert

 

Article begin delete 5.5. end delete begin insert 7. end insert   begin delete Diversion end delete begin insert Substance Abuse Rehabilitation end insert
Program

 

begin insert

begin insert SEC. 65. end insert   

end insert

begin insert Section 2663 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2663.  

The board shall establish and administer a begin delete diversion end delete
begin insert substance abuse rehabilitation end insert program begin insert , here end insert begin insert after referred to as
the rehabilitation program, end insert for the rehabilitation of physical
therapists and physical therapist assistants whose competency is
impaired due to the abuse of drugs or alcohol. The board may
contract with any other state agency or a private organization to
perform its duties under this article. The board may establish one
or more begin delete diversion end delete begin insert rehabilitation end insert evaluation committees to assist
it in carrying out its duties under this article. Any begin delete diversion end delete
begin insert rehabilitation end insert evaluation committee established by the board shall
operate under the direction of the begin delete diversion end delete begin insert rehabilitation end insert program
manager, as designated by the executive officer of the board. The
program manager has the primary responsibility to review and
evaluate recommendations of the committee.

begin insert

begin insert SEC. 66. end insert   

end insert

begin insert Section 2664 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2664.  

(a) Any begin delete diversion end delete begin insert rehabilitation end insert evaluation committee
established by the board shall have at least three members. In
making appointments to a begin delete diversion end delete begin insert rehabilitation end insert evaluation
committee, the board shall consider the appointment of persons
who are either recovering from substance abuse and have been
free from substance abuse for at least three years immediately prior
to their appointment or who are knowledgeable in the treatment
and recovery of substance abuse. The board also shall consider
the appointment of a physician and surgeon who is board certified
in psychiatry.

(b) Appointments to a begin delete diversion end delete begin insert rehabilitation end insert evaluation
committee shall be by the affirmative vote of a majority of
members appointed to the board. Each appointment shall be at the
pleasure of the board for a term not to exceed four years. In its
discretion, the board may stagger the terms of the initial members
so appointed.

(c) A majority of the members of a begin delete diversion end delete begin insert rehabilitation end insert
evaluation committee shall constitute a quorum for the transaction
of business. Any action requires an affirmative vote of a majority
of those members present at a meeting constituting at least a
quorum. Each begin delete diversion end delete begin insert rehabilitation end insert evaluation committee shall
elect from its membership a chairperson and a vice chairperson.
Notwithstanding the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code), relating to public
meetings, a begin delete diversion end delete begin insert rehabilitation end insert evaluation committee may
convene in closed session to consider matters relating to any
physical therapist or physical therapist assistant applying for or
participating in a begin delete diversion end delete begin insert rehabilitation end insert program, and a meeting
which will be convened entirely in closed session need not comply
with Section 11125 of the Government Code. A begin delete diversion end delete
begin insert rehabilitation end insert evaluation committee shall only convene in closed
session to the extent it is necessary to protect the privacy of an
applicant or participant. Each member of a begin delete diversion end delete begin insert rehabilitation end insert
evaluation committee shall receive a per diem and shall be
reimbursed for expenses as provided in Section 103.

begin insert

begin insert SEC. 67. end insert   

end insert

begin insert Section 2665 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2665.  

Each begin delete diversion end delete begin insert rehabilitation end insert evaluation committee has
the following duties and responsibilities:

(a) To evaluate physical therapists and physical therapist
assistants who request participation in the begin insert rehabilitation end insert program
and to make recommendations. In making recommendations, the
committee shall consider any recommendations from professional
consultants on the admission of applicants to the begin delete diversion end delete
begin insert rehabilitation end insert program.

(b) To review and designation of treatment facilities to which
physical therapists and physical therapist assistants in the begin delete diversion end delete
begin insert rehabilitation end insert program may be referred.

(c) To receive and review information concerning physical
therapists and physical therapist assistants participating in the
program.

(d) Calling meetings as necessary to consider the requests of
physical therapists and physical therapist assistants to participate
in the begin delete diversion end delete begin insert rehabilitation end insert program, to consider reports
regarding participants in the program, and to consider any other
matters referred to it by the board.

(e) To consider whether each participant in the begin delete diversion end delete
begin insert rehabilitation end insert program may with safety continue or resume the
practice of physical therapy.

(f) To set forth in writing the terms and conditions of the
begin delete diversion end delete begin insert rehabilitation end insert agreement that is approved by the program
manager for each physical therapist and physical therapist assistant
participating in the program, including treatment, supervision, and
monitoring requirements.

(g)  begin delete Holding end delete begin insert To hold end insert a general meeting at least twice a year,
which shall be open and public, to evaluate the begin delete diversion end delete
begin insert rehabilitation end insert program’s progress, to prepare reports to be
submitted to the board, and to suggest proposals for changes in
the begin delete diversion end delete begin insert rehabilitation end insert program.

(h) For the purposes of Division 3.6 (commencing with Section
810) of Title 1 of the Government Code, any member of a begin delete diversion end delete
begin insert rehabilitation end insert evaluation committee shall be considered a public
employee. No board or begin delete diversion end delete begin insert rehabilitation end insert evaluation
committee member, contractor, or agent thereof, shall be liable
for any civil damage because of acts or omissions which may occur
while acting in good faith in a program established pursuant to
this article.

begin insert

begin insert SEC. 68. end insert   

end insert

begin insert Section 2666 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2666.  

(a) Criteria for acceptance into the begin delete diversion end delete
begin insert rehabilitation end insert program shall include all of the following:

(1) The applicant shall be licensed as a physical therapist or
begin delete approved end delete as a physical therapist assistant by the board and shall
be a resident of California.

(2) The applicant shall be found to abuse dangerous drugs or
alcoholic beverages in a manner begin delete which end delete begin insert that end insert may affect his or her
ability to practice physical therapy safely or competently.

(3) The applicant shall have voluntarily requested admission to
the program or shall be accepted into the program in accordance
with terms and conditions resulting from a disciplinary action.

(4) The applicant shall agree to undertake any medical or
psychiatric examination ordered to evaluate the applicant for
participation in the program.

(5) The applicant shall cooperate with the program by providing
medical information, disclosure authorizations, and releases of
liability as may be necessary for participation in the program.

(6) The applicant shall agree in writing to cooperate with all
elements of the treatment program designed for him or her.

Any applicant may be denied participation in the program if the
board, the program manager, or a begin delete diversion end delete begin insert rehabilitation end insert
evaluation committee determines that the applicant will not
substantially benefit from participation in the program or that the
applicant’s participation in the program creates too great a risk to
the public health, safety, or welfare.

(b) A participant may be terminated from the program for any
of the following reasons:

(1) The participant has successfully completed the treatment
program.

(2) The participant has failed to comply with the treatment
program designated for him or her.

(3) The participant fails to meet any of the criteria set forth in
subdivision (a) or (c).

(4) It is determined that the participant has not substantially
benefited from participation in the program or that his or her
continued participation in the program creates too great a risk to
the public health, safety, or welfare. Whenever an applicant is
denied participation in the program or a participant is terminated
from the program for any reason other than the successful
completion of the program, and it is determined that the continued
practice of physical therapy by that individual creates too great a
risk to the public health, safety, and welfare, that fact shall be
reported to the executive officer of the board and all documents
and information pertaining to and supporting that conclusion shall
be provided to the executive officer. The matter may be referred
for investigation and disciplinary action by the board. Each physical
therapist or physical therapy assistant who requests participation
in a begin delete diversion end delete begin insert rehabilitation end insert program shall agree to cooperate with
the recovery program designed for him or her. Any failure to
comply with that program may result in termination of participation
in the program.

The begin delete diversion end delete begin insert rehabilitation end insert evaluation committee shall inform
each participant in the program of the procedures followed in the
program, of the rights and responsibilities of a physical therapist
or physical therapist assistant in the program, and the possible
results of noncompliance with the program.

(c) In addition to the criteria and causes set forth in subdivision
(a), the board may set forth in its regulations additional criteria for
admission to the program or causes for termination from the
program.

begin insert

begin insert SEC. 69. end insert   

end insert

begin insert Section 2667 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2667.  

All board and begin delete diversion end delete begin insert rehabilitation end insert evaluation
committee records and records of proceedings and participation
of a physical therapist or physical therapist assistant in a program
shall be confidential and are not subject to discovery or subpoena.

begin insert

begin insert SEC. 70. end insert   

end insert

begin insert Section 2668 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2668.  

(a) A fee to cover the actual cost of administering the
program shall be charged for participation in the program. If the
board contracts with any other entity to carry out this article, at
the discretion of the board, the fee may be collected and retained
by that entity.

(b) If the board contracts with any other entity to carry out this
section, the executive officer of the board, or his or her designee,
shall review the activities and performance of the contractor on a
biennial basis. As part of this review, the board shall review files
of participants in the program. However, the names of participants
who entered the program voluntarily shall remain confidential,
except when the review reveals misdiagnosis, case
mismanagement, or noncompliance by the participant.

(c) Subdivision (a) shall apply to all new participants entering
into the board’s begin delete diversion end delete begin insert rehabilitation end insert program on or after
January 1, 2007. Subdivision (a) shall apply on and after January
1, 2008, to participants currently enrolled as of December 31, 2007.

begin insert

begin insert SEC. 71. end insert   

end insert

begin insert Section 2669 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2669.  

Participation in a begin delete diversion end delete begin insert rehabilitation end insert program shall
not be a defense to any disciplinary action begin delete which end delete begin insert that end insert may be taken
by the board. This section does not preclude the board from
commencing disciplinary action against a physical therapist or
physical therapist assistant who is terminated unsuccessfully from
the program begin delete under this section end delete . That disciplinary action may not
include as evidence any confidential information.

begin insert

begin insert SEC. 72. end insert   

end insert

begin insert The heading of Article 6 (commencing with Section
2670) of Chapter 5.7 of Division 2 of the end insert begin insert Business and Professions
Code end insert begin insert is amended and renumbered to read: end insert

 

Article begin delete 6. end delete begin insert 8. end insert   Offenses begin delete and Enforcement end delete begin insert Against this Chapter end insert

 

begin insert

begin insert SEC. 73. end insert   

end insert

begin insert Section 2672 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2672.  

Whenever any person has engaged or is about to engage
in any acts or practices begin delete which end delete begin insert that end insert constitute or will constitute an
offense against this chapter, the superior court of any county, on
application of begin delete the Medical Board of California, end delete the board, or 10
or more persons holding physical therapist licenses issued under
this chapter, may issue an injunction or other appropriate order
restraining the conduct. Proceedings under this section shall be
governed by Chapter 3 (commencing with Section 525) of Title 7
of Part 2 of the Code of Civil Procedure.

begin insert

begin insert SEC. 74. end insert   

end insert

begin insert The heading of Article 6.5 (commencing with Section
2676) of Chapter 5.7 of Division 2 of the end insert begin insert Business and Professions
Code end insert begin insert is repealed. end insert

begin delete

 

Article 6.5.  Continuing Education and Competency

 

end delete

begin insert

begin insert SEC. 75. end insert   

end insert

begin insert Section 2676 of the end insert begin insert Business and Professions Code end insert
begin insert is amended and renumbered to read: end insert

begin delete 2676. end delete
begin insert 2649. end insert   

(a) A person renewing his or her license begin delete or approval end delete
shall submit proof satisfactory to the board that, during the
preceding two years, he or she has completed the required number
of continuing education hours established by regulation by the
board, or such other proof of continuing competency as the board
may establish by regulation. Required continuing education shall
not exceed 30 hours every two years.

(b) The board shall adopt and administer regulations including,
but not limited to, continuing education intended to ensure the
continuing competency of persons licensed begin delete or approved end delete pursuant
to this chapter. The board may establish different requirements for
physical therapists and physical therapist assistants. The board
may not require the completion of an additional postsecondary
degree or successful completion of an examination as a condition
of renewal, but may recognize these as demonstrative of continuing
competency. This program shall include provisions requiring
random audits of licensees begin delete and holders of approval end delete in order to
ensure compliance.

(c) The administration of this section may be funded through
professional license fees, continuing education provider begin insert fees, end insert and
begin delete course approval end delete begin insert recognized approval agency end insert fees begin delete , or both end delete . The
fees shall not exceed the amounts necessary to cover the actual
costs of administering this section.

begin insert

begin insert SEC. 76. end insert   

end insert

begin insert The heading of Article 7 (commencing with Section
2680) of Chapter 5.7 of Division 2 of the end insert begin insert Business and Professions
Code end insert begin insert is amended and renumbered to read: end insert

 

Article begin delete 7. end delete begin insert 9. end insert   Fiscal Administration

 

begin insert

begin insert SEC. 77. end insert   

end insert

begin insert Section 2682 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2682.  

There is in the State Treasury the Physical Therapy Fund.
All collections from persons licensed begin delete or approved end delete or seeking to
be licensed begin delete or approved end delete shall be paid by the board into the fund
after reporting to the Controller at the beginning of each month
the amount and source of the collections. All money in the Physical
Therapy Fund is appropriated begin delete to carry out the purposes of end delete begin insert for the
exclusive purpose of executing end insert this chapter.

begin insert

begin insert SEC. 78. end insert   

end insert

begin insert Section 2683 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2683.  

Except as provided in Section 2684, the provisions of
Article 19 (commencing with Section 2420) of Chapter 5 apply to
the issuance and govern the expiration and renewal of licenses
issued under this chapter.

end delete

begin insert

begin insert SEC. 79. end insert   

end insert

begin insert Section 2684 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2684.  

(a) Notwithstanding Section 2422, any license or
approval for the practice of physical therapy shall expire at
midnight on the last day of the birth month of the licensee or holder
of the approval during the second year of a two-year term, if not
renewed.

(b) To renew an unexpired license or approval, the licensee or
the holder of the approval shall, on or before the dates on which
it would otherwise expire, apply for renewal on a form prescribed
by the board, pay the prescribed renewal fee, and submit proof of
the completion of continuing education or competency required
by the board pursuant to Article 6.5 (commencing with Section
2676). The licensee or holder of the approval shall disclose on his
or her license renewal application any misdemeanor or other
criminal offense for which he or she has been found guilty or to
which he or she has pleaded guilty or no contest.

(c) A license or approval that has expired may be renewed within
five years upon payment of all accrued and unpaid renewal fees
and satisfaction of the requirements described in subdivision (b).

end delete

begin insert

begin insert SEC. 80. end insert   

end insert

begin insert Section 2685 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

2685.  

At least 60 days before the expiration of any license or
approval, the board shall mail to each licensee under this chapter,
at the latest address furnished by the licensee to the executive
officer, a notice stating the amount of the renewal fee and the date
on which it is due, and that failure to pay it on or before the due
date will result in expiration of the license.

end delete

begin insert

begin insert SEC. 81. end insert   

end insert

begin insert The heading of Article 8 (commencing with Section
2690) of Chapter 5.7 of Division 2 of the end insert begin insert Business and Professions
Code end insert begin insert is amended and renumbered to read: end insert

 

Article begin delete 8. end delete begin insert 10. end insert   Physical Therapy Corporations

 

begin insert

begin insert SEC. 82. end insert   

end insert

begin insert Section 12529 of the end insert begin insert Government Code end insert begin insert , as amended
by Section 113 of Chapter 332 of the Statutes of 2012, is amended
to read: end insert

12529.  

(a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to prosecute proceedings against licensees and applicants
within the jurisdiction of the Medical Board of California, the
California Board of Podiatric Medicine, the Board of Psychology,
begin insert the Physical Therapy Board of California, end insert or any committee under
the jurisdiction of the Medical Board of California, and to provide
ongoing review of the investigative activities conducted in support
of those prosecutions, as provided in subdivision (b) of Section
12529.5.

(b) The Attorney General shall appoint a Senior Assistant
Attorney General of the Health Quality Enforcement Section. The
Senior Assistant Attorney General of the Health Quality
Enforcement Section shall be an attorney in good standing licensed
to practice in the State of California, experienced in prosecutorial
or administrative disciplinary proceedings and competent in the
management and supervision of attorneys performing those
functions.

(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the
most complex and varied types of disciplinary actions against the
licensees of the begin delete board end delete begin insert boards end insert .

(d) Funding for the Health Quality Enforcement Section shall
be budgeted in consultation with the Attorney General from the
special funds financing the operations of the Medical Board of
California, the California Board of Podiatric Medicine, the Board
of Psychology, begin insert the Physical Therapy Board of California, end insert and the
committees under the jurisdiction of the Medical Board of
California, with the intent that the expenses be proportionally
shared as to services rendered.

(e) This section shall become operative January 1, 2014.

begin insert

begin insert SEC. 83. end insert   

end insert

begin insert Section 12529.5 of the end insert begin insert Government Code end insert begin insert , as amended
by Section 115 of Chapter 332 of the Statutes of 2012, is amended
to read: end insert

12529.5.  

(a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the
Board of Psychology begin insert , or the Physical Therapy Board of California, end insert
shall be made available to the Health Quality Enforcement Section.

(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to assist the boards in
intake and investigations and to direct discipline-related
prosecutions. Attorneys shall be assigned to work closely with
each major intake and investigatory unit of the boards, to assist in
the evaluation and screening of complaints from receipt through
disposition and to assist in developing uniform standards and
procedures for the handling of complaints and investigations.

A deputy attorney general of the Health Quality Enforcement
Section shall frequently be available on location at each of the
working offices at the major investigation centers of the boards,
to provide consultation and related services and engage in case
review with the boards’ investigative, medical advisory, and intake
staff. The Senior Assistant Attorney General and deputy attorneys
general working at his or her direction shall consult as appropriate
with the investigators of the boards, medical advisors, and
executive staff in the investigation and prosecution of disciplinary
cases.

(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards begin delete or committees end delete in designing
and providing initial and in-service training programs for staff of
the boards begin delete or committees end delete , including, but not limited to, information
collection and investigation.

(d) The determination to bring a disciplinary proceeding against
a licensee of the boards shall be made by the executive officer of
the boards begin delete or committees end delete as appropriate in consultation with the
senior assistant.

(e) This section shall become operative January 1, 2014.

begin insert

begin insert SEC. 84. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 2602 of the Business and Professions
Code is amended to read:

2602.  

The Physical Therapy Board of California, hereafter
referred to as the board, shall enforce and administer this chapter.

This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

Notwithstanding any other provision of law, the repeal of this
section renders the board subject to review by the appropriate
policy committees of the Legislature.

end delete

begin delete

SEC. 2.  

Section 2607.5 of the Business and Professions Code
is amended to read:

2607.5.  

(a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who
shall exercise the powers and perform the duties delegated by the
board and vested in him or her by this chapter.

(b) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

end delete