BILL NUMBER: SB 198 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2013
INTRODUCED BY Senator Price
FEBRUARY 7, 2013
An act to amend Sections 2602 and 2607.5 of the Business
and Professions Code, relating to healings arts. 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, 26
69, 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.
LEGISLATIVE COUNSEL'S DIGEST
SB 198, as amended, Price. Physical Therapy Board of California.
(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.
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.
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.
(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.
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.
(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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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.
This bill would instead repeal these provisions on January 1,
2018.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2071 of the Business
and Professions Code is amended to read:
2071. The Division of Licensing board
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
or division from amending or repealing regulations
covering medical assistants. The board or division
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 Public Health
Services , 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
Examining Committee Board of California
. The Division of Licensing board
shall also request recommendations regarding these standards from
associations of medical assistants, physicians and surgeons
, nurses, doctors of podiatric medicine, physician assistants,
physical therapists, laboratory technologists, optometrists, and
others as the board or division 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
Chapter of the American Physical Therapy
Association. Nothing in this section shall be construed to supersede
or modify that portion of the Administrative Procedure Act
which that 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.
SEC. 2. The heading of Article 1 (commencing
with Section 2600) of Chapter 5.7 of Division 2 of the
Business and Professions Code is amended to read:
Article 1. Administration and General Provisions
SEC. 3. Section 2601 of the Business
and Professions Code is repealed.
2601. "Board" as used in this chapter means the Physical Therapy
Board of California.
SEC. 4. Section 2601 is added to the
Business and Professions Code , to read:
2601. 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."
SEC. 5. Section 2603 of the Business
and Professions Code is amended to read:
2603. The members of the board shall consist of
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.
four physical therapists, only one of whom shall be
involved in physical therapy education, and three public
members.
SEC. 6. Section 2603.5 is added to the
Business and Professions Code , to read:
2603.5. (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.
SEC. 7. Section 2604 of the Business
and Professions Code is amended to read:
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
Section Sections 2603 and 2603.5
. The Senate Rules Committee on Rules
and the Speaker of the Assembly shall each appoint a public
member , 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. qualified as
provided in Section 2603.5.
Not more than one member of the board shall be appointed from the
full-time faculty of any university, college, or other educational
institution.
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 and one of its members as vice president .
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.
SEC. 8. Section 2604.5 of the Business
and Professions Code is repealed.
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.
SEC. 9. Section 2605 is added to the
Business and Professions Code , to read:
2605. 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.
SEC. 10. Section 2607 of the Business
and Professions Code is amended to read:
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 enter into contracts for services necessary for
enforcement of this chapter and may 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.
SEC. 11. 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. The
board may employ an executive officer exempt from the provisions of
the Civil Service Act and may also employ invest igators,
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.
(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.
(b)
(c) This section shall remain in effect only until
January 1, 2014 2018 , and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2014 2018 , deletes
or extends that date.
SEC. 12. Section 2608 of the Business
and Professions Code is amended to read:
2608. The procedure in all matters and proceedings relating to
the denial, suspension, or revocation , or
probationary restriction of licenses issued by the board
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.
SEC. 13. Section 2608.5 of the Business
and Professions Code is amended to read:
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 subdivision (u) of
Section 2263 2660 .
SEC. 14. Section 2609 of the Business
and Professions Code is repealed.
2609. The board shall issue, suspend, and revoke licenses and
approvals to practice physical therapy as provided in this chapter.
SEC. 15. Section 2611 of the Business
and Professions Code is amended to read:
2611. The board shall hold at least one regular meeting
annually in the Cities of Sacramento, Los Angeles and San Francisco.
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. 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. Four members of the board shall constitute a quorum
for the transaction of business.
SEC. 16. Section 2612 of the Business
and Professions Code is amended to read:
2612. Notice of each meeting of the The
board shall be given in accordance
comply 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).
SEC. 17. Section 2614 of the Business
and Professions Code is amended to read:
2614. (a) 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. The board shall issue its decision pursuant to
Section 11517 of the Government Code.
(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.
SEC. 18. Section 2615 of the Business
and Professions Code is amended to read:
2615. The board shall from time to time adopt
those regulations that as
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.
SEC. 19. The heading of Article 2 (commencing with
Section 2620) of Chapter 5.7 of Division 2 of the Business
and Professions Code is amended to read:
Article 2. General Provisions Scope of
Regulation and Exemptions
SEC. 20. Section 2620 of the Business
and Professions Code is amended to read:
2620. (a) Physical therapy
means the art and science of physical or corrective rehabilitation or
of physical or corrective treatment of any bodily or mental
condition of any person by the use of the physical,
chemical, and other properties of heat, light, water, electricity,
sound, massage, and active, passive, and resistive exercise, and
shall include 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.
person. Physical therapy includes all of the
following:
(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.
(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.
(c) Reducing the risk of injury, impairment, functional
limitation, and disability.
(d) Promoting and maintaining physical fitness to enhance the
bodily movement-related health and wellness of individuals through
the use of physical therapy interventions.
(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.
SEC. 21. Section 2620.2 is added to the
Business and Professions Code , to read:
2620.2. 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.
SEC. 22. Section 2620.7 of the Business
and Professions Code is amended to read:
2620.7. (a) A physical therapist shall document his or
her evaluation, goals, treatment plan, and summary of treatment in
the patient record. Patient records shall be
documented as required in regulations promulgated by the board.
(b) A physical therapist shall document the care actually provided
to a patient in the patient record.
(c) A physical therapist shall sign the patient record legibly.
(d)
(b) 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.
SEC. 23. Section 2621 of the Business
and Professions Code is amended to read:
2621. Nothing in this chapter shall be construed as
authorizing This chapter does not authorize a
physical therapist to diagnose disease, or practice
medicine, surgery, or any other form of healing except as authorized
by Section 2620.
SEC. 24. Section 2622 of the Business
and Professions Code is repealed.
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.
SEC. 25. Section 2622 is added to the
Business and Professions Code , to read:
2622. (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.
SEC. 26. Section 2623 is added to the
Business and Professions Code , to read:
2623. 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.
SEC. 27. The heading of Article 3 (commencing with
Section 2630) of Chapter 5.7 of Division 2 of the
Business and Professions Code is repealed.
Article 3. Licensing of Practitioners
SEC. 28. Section 2630 of the Business
and Professions Code is amended to read:
2630. It is unlawful for any person or persons to practice, or
offer to practice, physical therapy in this state for compensation
received or expected, or to hold himself or herself out as a physical
therapist, unless at the time of so doing the person holds a valid,
unexpired, and unrevoked physical therapist license issued
under this chapter , except as authorized by subdivisions (c),
(d), (e), and (g) of Section 2630.5 .
Nothing in this section shall restrict the activities authorized
by their licenses on the part of any persons licensed under this code
or any initiative act, or the activities authorized to be performed
pursuant to Article 4.5 (commencing with Section 2655) or Chapter 7.7
(commencing with Section 3500).
A physical therapist licensed pursuant to this chapter may utilize
the services of one aide engaged in patient-related tasks to assist
the physical therapist in his or her practice of physical therapy.
"Patient-related task" means a physical therapy service rendered
directly to the patient by an aide, excluding non-patient-related
tasks. "Non-patient-related task" means a task related to observation
of the patient, transport of the patient, physical support only
during gait or transfer training, housekeeping duties, clerical
duties, and similar functions. The aide shall at all times be under
the orders, direction, and immediate supervision of the physical
therapist. Nothing in this section shall authorize an aide to
independently perform physical therapy or any physical therapy
procedure. The board shall adopt regulations that set forth the
standards and requirements for the orders, direction, and immediate
supervision of an aide by a physical therapist. The physical
therapist shall provide continuous and immediate supervision of the
aide. The physical therapist shall be in the same facility as, and in
proximity to, the location where the aide is performing
patient-related tasks, and shall be readily available at all times to
provide advice or instruction to the aide. When patient-related
tasks are provided to a patient by an aide, the supervising physical
therapist shall, at some point during the treatment day, provide
direct service to the patient as treatment for the patient's
condition, or to further evaluate and monitor the patient's progress,
and shall correspondingly document the patient's record.
The administration of massage, external baths, or normal exercise
not a part of a physical therapy treatment shall not be prohibited by
this section.
SEC. 29. Section 2630.3 is added to the
Business and Professions Code , to read:
2630.3. (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.
SEC. 30. Section 2630.4 is added to the
Business and Professions Code , to read:
2630.4. (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.
SEC. 31. Section 2630.5 is added to the
Business and Professions Code , to read:
2630.5. 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.
SEC. 32. Section 2632 of the Business
and Professions Code is repealed.
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.
SEC. 33. Section 2633.5 is added to the
Business and Professions Code , to read:
2633.5. (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.
SEC. 34. Section 2633.7 is added to the
Business and Professions Code , to read:
2633.7. 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.
SEC. 35. The heading of Article 3 (commencing with
Section 2635) is added to Chapter 5.7 of Division 2 of the
Business and Professions Code , to read:
Article 3. Qualifications and Requirements for Licensure
SEC. 36. Section 2636 of the Business
and Professions Code is amended to read:
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 , where success
is determined based on the examination passing standard set by the
board :
(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 national 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.
(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.
SEC. 37. Section 2636.5 of the Business
and Professions Code is amended to read:
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 or
registered as a physical therapist or physical
therapist assistant in a state, district, or territory of the
United States having, in the opinion of the board, requirements for
licensing or registration equal to or higher than
those in California, and he or she has passed, to the satisfaction of
the board, an examination for licensing or registration
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 or
physical therapist assistant education program approved by the
board, or has met the requirements of Section 2639.1, 2653
, or 2654 .
(3) He or she files an application as provided in Section
2632 with the board 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 pass
an oral examination given by the board and 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 direct and immediate
supervision of a physical therapist licensed in this state.
During this period the applicant shall identify himself or herself
only as a "physical therapist license applicant " or
"physical therapist assistant license applicant."
applicant," as appropriate.
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 , all privileges under this section shall
terminate upon notice by certified mail, return receipt
requested the board . An applicant may only
qualify once to perform as a physical therapist license applicant.
SEC. 38. Section 2638 of the Business
and Professions Code is amended to read:
2638. Any applicant for licensure as a physical therapist or
physical therapist assistant who fails to pass the examination
required by the board may take another examination and shall pay the
reexamination fee.
SEC. 39. Section 2639 of the Business
and Professions Code is repealed.
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.
SEC. 40. Section 2639 is added to the
Business and Professions Code , to read:
2639. (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.
SEC. 41. Section 2639.1 is added to the
Business and Professions Code , to read:
2639.1. 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.
SEC. 42. Section 2640 of the Business
and Professions Code is repealed.
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.
SEC. 43. Article 3 (commencing with Section 2644)
is added to Chapter 5.7 of Division 2 of the Business and
Professions Code , to read:
Article 3. Renewal of Licenses
2644. (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.
2645. 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.
2646. 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.
2647. 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).
2648. (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.
2648.3. 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.
2648.5. (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.
2648.7. 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.
SEC. 44. The heading of Article 4 (commencing with
Section 2650) of Chapter 5.7 of Division 2 of the
Business and Professions Code is amended and renumbered to
read:
Article 4. 5. Educational
Standards
SEC. 45. Section 2650 of the Business
and Professions Code is repealed.
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.
SEC. 46. Section 2650 is added to the
Business and Professions Code , to read:
2650. (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.
SEC. 47. Section 2650.1 of the Business
and Professions Code is repealed.
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.
SEC. 48. Section 2650.2 of the Business
and Professions Code is repealed.
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.
SEC. 49. Section 2651 of the Business
and Professions Code is amended to read:
2651. The board may shall approve
only those physical therapist and physical therapist assistant
education programs that prove to the satisfaction of the board
that they comply with the minimum physical therapy
therapist or physical therapist assistant educational
requirements set forth in this chapter and adopted by the board
pursuant to this chapter. Physical therapist and physical
therapist assistant education programs that are accredited by
the Commission on Accreditation in Physical Therapy Education of the
American Physical Therapy Association (APTA) or the
Accreditation Council of Canadian Physiotherapy or such other body as
may be approved by the board by regulation, shall be deemed
approved by the board unless the board determines otherwise.
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.
SEC. 50. Section 2652 of the Business
and Professions Code is repealed.
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.
SEC. 51. Section 2653 of the Business
and Professions Code is repealed.
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.
SEC. 52. Section 2653 is added to the
Business and Professions Code , to read:
2653. 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.
SEC. 53. Section 2654 is added to the
Business and Professions Code , to read:
2654. 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.
SEC. 54. Article 4.5 ( commencing with
Section 2655) of Chapter 5.7 of Division 2 of the Business
and Professions Code is repealed.
SEC. 55. The heading of Article 5 (commencing with
Section 2660) of Chapter 5.7 of Division 2 of the
Business and Professions Code is amended and renumbered to
read:
Article 5. 6.
Suspension, Revocation and Reinstatement of License
Enforcement
SEC. 56. Section 2660 of the Business
and Professions Code is amended to read:
2660. Unprofessional conduct constitutes grounds for
citation, discipline, denial of a license, or issuance of a
probationary license. The board may, after the conduct of
appropriate proceedings under the Administrative Procedure Act,
issue a citation, impose discipline, deny a license, suspend
for not more than 12 months, or revoke, or impose probationary
conditions upon any license , certificate, or approval
issued under this chapter for unprofessional conduct that
includes, in addition to other provisions of this chapter,
but is not limited to, one or any combination of
the following causes :
(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.
(a)
(b) Advertising in violation of Section 17500.
(c) Obtaining or attempting to obtain a license by fraud or
misrepresentation.
(d) Practicing or offering to practice beyond the scope of
practice of physical therapy.
(b) Fraud in the procurement of any license under this chapter.
(c) Procuring or aiding or offering to procure or aid in criminal
abortion.
(d)
(e) Conviction of a crime that substantially relates to
the qualifications, functions, or duties of a physical therapist or
physical therapist assistant. The record of conviction or a certified
copy thereof shall be conclusive evidence of that conviction.
(e) Habitual intemperance.
(f) Addiction to the excessive use of any habit-forming drug.
(f) Unlawful possession or use of, or conviction of a criminal
offense involving, a controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 2 (commencing with Section
4015) of Chapter 9, as follows:
(1) Obtaining or possessing in violation of law, or except as
directed by a licensed physician and surgeon, dentist, or podiatrist,
administering to himself or herself, or furnishing or administering
to another, any controlled substances or any dangerous drug.
(2) Using any controlled substance or any dangerous drug.
(3) Conviction of a criminal offense involving the consumption or
self-administration of, or the possession of, or falsification of a
record pertaining to, any controlled substance or any dangerous drug,
in which event the record of the conviction is conclusive evidence
thereof.
(g) Failure to maintain adequate and accurate records relating to
the provision of services to his or her patients.
(g)
(h) Gross negligence or repeated acts of
negligence in his or her practice
as a physical therapist or physical therapist assistant
or in the delivery of physical therapy care .
(h) Conviction of a violation of any of the provisions of this
chapter or of the Medical Practice Act, or violating, or attempting
to violate, directly or indirectly, or assisting in or abetting the
violating of, or conspiring to violate any provision or term of this
chapter or of the Medical Practice Act.
(i) The aiding or abetting of any person to violate this chapter
or any regulations duly adopted under this chapter.
(j) The aiding
(i) Aiding or abetting
of any person to engage in the unlawful practice of
physical therapy.
(k)
(j) The commission of any fraudulent, dishonest, or
corrupt act that is substantially related to the qualifications,
functions, or duties of a physical therapist or physical therapist
assistant.
(l)
(k) Except for good cause, the knowing failure to
protect patients by failing to follow infection control guidelines of
the board, thereby risking transmission of blood-borne infectious
diseases from licensee to patient, from patient to patient, and from
patient to licensee. In administering this subdivision, the board
shall consider referencing the standards, regulations, and guidelines
of the State Department of Public Health developed pursuant to
Section 1250.11 of the Health and Safety Code and the standards,
regulations, and guidelines pursuant to the California Occupational
Safety and Health Act of 1973 (Part 1 (commencing with Section 6300)
of Division 5 of the Labor Code) for preventing the transmission of
HIV, hepatitis B, and other blood-borne pathogens in health care
settings. As necessary, the board shall consult with the Medical
Board of California, the California Board of Podiatric Medicine, the
Dental Board of California, the Board of Registered Nursing, and the
Board of Vocational Nursing and Psychiatric Technicians of the State
of California, to encourage appropriate consistency in the
implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the
responsibility of licensees and others to follow infection control
guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.
(m)
(l) The commission of verbal abuse or sexual
harassment.
(m) Engaging in sexual misconduct or violating Section 726.
(n) Permitting a physical therapist assistant or physical therapy
aide under one's supervision or control to perform, or permitting the
physical therapist assistant or physical therapy aide to hold
himself or herself out as competent to perform, professional services
beyond the level of education, training, and experience of the
physical therapist assistant or aide.
(o) The revocation, suspension, or other discipline, restriction,
or limitation imposed by another state upon a license or certificate
to practice physical therapy issued by that state, or the revocation,
suspension, or restriction of the authority to practice physical
therapy by any agency of the federal government.
(p) Viewing a completely or partially disrobed patient in the
course of treatment if the viewing is not necessary to patient
evaluation or treatment under current standards.
(q) Engaging in any act in violation of Section 650, 651, or
654.2.
(r) Charging a fee for services not performed.
(s) Misrepresenting documentation of patient care or deliberate
falsifying of patient records.
(t) Except as otherwise allowed by law, the employment of runners,
cappers, steerers, or other persons to procure patients.
(u) The willful, unauthorized violation of professional
confidence.
(v) Failing to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a patient in confidence during the course of treatment
and all information about the patient that is obtained from tests or
other means.
(w) Habitual intemperance.
SEC. 57. Section 2660.2 of the Business
and Professions Code is amended to read:
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 a
public letter of reprimand in accordance with Section 2660.3 or may
issue 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.
(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.
SEC. 58. Section 2660.3 of the Business
and Professions Code is amended to read:
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. 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
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.
SEC. 59. Section 2660.4 is added to the
Business and Professions Code , to read:
2660.4. 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.
SEC. 60. Section 2660.5 of the Business
and Professions Code is amended to read:
2660.5. The board shall deny a physical therapist license or
physical therapist assistant approval license
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.
SEC. 61. Section 2660.8 is added to the
Business and Professions Code , to read:
2660.8. 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.
SEC. 62. Section 2661 of the Business
and Professions Code is amended to read:
2661. A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge of a felony or of
any offense which substantially relates to the qualifications,
functions, or duties of a physical therapist is deemed to
be a conviction within the meaning of this article. The board may
order the license suspended or revoked, or may decline to
issue a license, discipline of the licensee in
accordance with Section 2660 or the board may take action as
authorized in Section 2660.2 on an application 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.
SEC. 63. Section 2661.7 of the Business
and Professions Code is amended to read:
2661.7. (a) A person whose license or approval
has been revoked or suspended, or who has been placed on probation,
may petition the Physical Therapy Board of California
board 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 or one year for
modification of a condition of probation of three years or
more.
(3) At least one year for modification of a condition, or
reinstatement of a license or approval
revoked for mental or physical illness, or for modification of a
condition, 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
committee board that shall be acted
upon in accordance with the Administrative Procedure Act.
(d) The board or the administrative law judge hearing the petition
, 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 board
or the 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
or approval , 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 person
petitioner . 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.
SEC. 64. The heading of Article 5.5 (commencing
with Section 2662) of Chapter 5.7 of Division 2 of the
Business and Professions Code is amended and
renumbered to read:
Article 5.5. 7.
Diversion Substance Abuse Rehabilitation Program
SEC. 65. Section 2663 of the Business
and Professions Code is amended to read:
2663. The board shall establish and administer a
diversion substance abuse rehabilitation program
, here after referred to as the rehabilitation
program, 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 diversion
rehabilitation evaluation committees to assist
it in carrying out its duties under this article. Any
diversion rehabilitation evaluation committee
established by the board shall operate under the direction of the
diversion rehabilitation 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.
SEC. 66. Section 2664 of the Business
and Professions Code is amended to read:
2664. (a) Any diversion rehabilitation
evaluation committee established by the board shall have at
least three members. In making appointments to a diversion
rehabilitation 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 diversion
rehabilitation 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 diversion
rehabilitation 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 diversion
rehabilitation 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 diversion
rehabilitation 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 diversion rehabilitation
program, and a meeting which will be convened entirely in
closed session need not comply with Section 11125 of the Government
Code. A diversion rehabilitation
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 diversion
rehabilitation evaluation committee shall receive a per diem
and shall be reimbursed for expenses as provided in Section 103.
SEC. 67. Section 2665 of the Business
and Professions Code is amended to read:
2665. Each diversion rehabilitation
evaluation committee has the following duties and responsibilities:
(a) To evaluate physical therapists and physical therapist
assistants who request participation in the rehabilitation
program and to make recommendations. In making recommendations, the
committee shall consider any recommendations from professional
consultants on the admission of applicants to the diversion
rehabilitation program.
(b) To review and designation of treatment facilities to which
physical therapists and physical therapist assistants in the
diversion rehabilitation 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 diversion rehabilitation
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 diversion
rehabilitation program may with safety continue
or resume the practice of physical therapy.
(f) To set forth in writing the terms and conditions of the
diversion rehabilitation 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) Holding To hold a general
meeting at least twice a year, which shall be open and public, to
evaluate the diversion rehabilitation
program's progress, to prepare reports to be submitted to the board,
and to suggest proposals for changes in the diversion
rehabilitation program.
(h) For the purposes of Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code, any member of a
diversion rehabilitation evaluation committee
shall be considered a public employee. No board or diversion
rehabilitation 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.
SEC. 68. Section 2666 of the Business
and Professions Code is amended to read:
2666. (a) Criteria for acceptance into the diversion
rehabilitation program shall include all of the
following:
(1) The applicant shall be licensed as a physical therapist or
approved 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 which that
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 diversion
rehabilitation 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 diversion
rehabilitation 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 diversion rehabilitation
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.
SEC. 69. Section 2667 of the Business
and Professions Code is amended to read:
2667. All board and diversion
rehabilitation 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.
SEC. 70. Section 2668 of the Business
and Professions Code is amended to read:
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 diversion rehabilitation
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.
SEC. 71. Section 2669 of the Business
and Professions Code is amended to read:
2669. Participation in a diversion
rehabilitation program shall not be a defense to any
disciplinary action which that 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 under this section . That disciplinary
action may not include as evidence any confidential information.
SEC. 72. The heading of Article 6 (commencing with
Section 2670) of Chapter 5.7 of Division 2 of the
Business and Professions Code is amended and renumbered to
read:
Article 6. 8. Offenses
and Enforcement Against this Chapter
SEC. 73. Section 2672 of the Business
and Professions Code is amended to read:
2672. Whenever any person has engaged or is about to engage in
any acts or practices which that
constitute or will constitute an offense against this chapter, the
superior court of any county, on application of the Medical
Board of California, 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.
SEC. 74. The heading of Article 6.5 (commencing
with Section 2676) of Chapter 5.7 of Division 2 of the
Business and Professions Code is repealed.
Article 6.5. Continuing Education and Competency
SEC. 75. Section 2676 of the Business
and Professions Code is amended and renumbered to read:
2676. 2649. (a) A person renewing
his or her license or approval 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 or approved
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 and holders of approval
in order to ensure compliance.
(c) The administration of this section may be funded through
professional license fees, continuing education provider fees,
and course approval recognized approval
agency fees , or both . The fees shall not
exceed the amounts necessary to cover the actual costs of
administering this section.
SEC. 76. The heading of Article 7 (commencing with
Section 2680) of Chapter 5.7 of Division 2 of the
Business and Professions Code is amended and renumbered to
read:
Article 7. 9. Fiscal
Administration
SEC. 77. Section 2682 of the Business
and Professions Code is amended to read:
2682. There is in the State Treasury the Physical Therapy Fund.
All collections from persons licensed or approved
or seeking to be licensed or approved 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 to
carry out the purposes of for the exclusive purpose of
executing this chapter.
SEC. 78. Section 2683 of the Business
and Professions Code is repealed.
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.
SEC. 79. Section 2684 of the Business
and Professions Code is repealed.
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).
SEC. 80. Section 2685 of the Business
and Professions Code is repealed.
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.
SEC. 81. The heading of Article 8 (commencing with
Section 2690) of Chapter 5.7 of Division 2 of the
Business and Professions Code is amended and renumbered to
read:
Article 8. 10. Physical Therapy
Corporations
SEC. 82. Section 12529 of the
Government Code , as amended by Section 113 of Chapter 332
of the Statutes of 2012, is amended to read:
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,
the Physical Therapy Board of California, 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 board boards .
(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,
the Physical Therapy Board of California, 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.
SEC. 83. Section 12529.5 of the
Government Code , as amended by Section 115 of Chapter 332
of the Statutes of 2012, is amended to read:
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 , or the Physical Therapy Board of California,
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 or committees
in designing and providing initial and in-service training
programs for staff of the boards or committees ,
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 or committees as appropriate in
consultation with the senior assistant.
(e) This section shall become operative January 1, 2014.
SEC. 84. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 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.
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.