Amended in Senate May 6, 2013

Amended in Senate April 25, 2013

Senate Bill No. 198

Introduced by Senator Price

February 7, 2013

An act to amend Sections2071, 2603, 2604, 2607, 2607.5, 2608, 2608.5, 2611, 2612, 2614, 2615, begin delete 2620, end delete 2620.7, begin delete 2621, end delete 2630, 2636, 2636.5, 2638, 2651, 2660, 2660.2, 2660.3, 2660.5, 2661, 2661.7, 2663, 2664, 2665, 2666, 2667, 2668, 2669, 2672, and 2682 of, to amend the headings of Article 1 (commencing with Section 2600) of, and Article 2 (commencing with Section 2620) of, Chapter 5.7 of Division 2 of, to amend and renumber Section 2676 of, to amend and renumber the headings of Article 4 (commencing with Section 2650) of, Article 5 (commencing with Section 2660) of, Article 5.5 (commencing with Section 2662) of, Article 6 (commencing with Section 2670) of, Article 7 (commencing with Section 2680) of, and Article 8 (commencing with Section 2690) of, Chapter 5.7 of Division 2 of, to add Sections 2603.5, 2605, 2620.2, 2623, 2630.3, 2630.4, 2630.5, 2633.5, 2633.7, 2639.1, 2654, 2660.4, and 2660.8 to, to add the heading of Article 3 (commencing with Section 2635) to, and to add Article 4 (commencing with Section 2644) to, Chapter 5.7 of Division 2 of, to repeal Sections 2604.5, 2609, 2632, 2640, 2650.1, 2650.2, 2652, 2683, 2684, and 2685 of, to repeal the headings of Article 3 (commencing with Section 2630) of, and Article 6.5 (commencing with Section 2676) of, and to repeal Article 4.5 (commencing with Section 2655) of, Chapter 5.7 of Division 2 of, and to repeal and add Sections 2601, 2622, 2639, 2650, and 2653 of, the Business and Professions Code, and to amend Sections 12529 and 12529.5 of the Government Code, relating to physical therapy, and making an appropriation therefor.

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. begin delete The board would modify the definition of physical therapy to include reducing the risk of injury, impairment, functional limitation, and disability. end delete 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 begin delete section end delete begin insert Section be end insert 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 begin delete among end delete begin insert within end insert 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 begin insert a proportional share of end insert the funding for the begin delete section end delete begin insert Section end insert to be budgeted from the special funds financing the operation of the Physical Therapy Board of California, which begin delete is end delete begin insert are end insert 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.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: 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 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 from amending or repealing regulations covering
medical assistants. The board 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, 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 Board
of California. The 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 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 Physical Therapy
Association. Nothing in this section shall be construed to supersede
or modify that portion of the Administrative Procedure Act 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.

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 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 Sections 2603 and 2603.5. The Senate Committee on Rules and
the Speaker of the Assembly shall each appoint a public member
qualified as provided in Section 2603.5.

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.

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 employ an executive officer exempt
from the provisions of the Civil Service Act and may also employ
investigators, legal counsel, physical therapist consultants, and
other assistance as it may deem necessary to carry out this chapter.
The board may fix the compensation to be paid for services and
may incur other expenses as it may deem necessary. Investigators
employed by the board shall be provided special training in
investigating physical therapy practice activities.

(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.

(c) 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.

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, 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 2660.

SEC. 14.  

Section 2609 of the Business and Professions Code
is repealed.

SEC. 15.  

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

2611.  

The board shall 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.  

The board shall 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.  

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.

SEC. 18.  

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

2615.  

The board shall adopt those regulations 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.  Scope of Regulation and Exemptions

 

begin delete

SEC. 20.  

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

2620.  

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. 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.

end delete

begin delete SEC. 21. end delete
begin insert SEC. 20. end insert   

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.

begin delete SEC. 22. end delete
begin insert SEC. 21. end insert   

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

2620.7.  

(a) Patient records shall be documented as required
in regulations promulgated by the board.

(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.

begin delete

SEC. 23.  

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

2621.  

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.

end delete

begin delete SEC. 24. end delete
begin insert SEC. 22. end insert   

Section 2622 of the Business and Professions Code
is repealed.

begin delete SEC. 25. end delete
begin insert SEC. 23. end insert   

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.

begin delete SEC. 26. end delete
begin insert SEC. 24. end insert   

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.

begin delete SEC. 27. end delete
begin insert SEC. 25. end insert   

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

begin delete SEC. 28. end delete
begin insert SEC. 26. end insert   

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.

begin delete SEC. 29. end delete
begin insert SEC. 27. end insert   

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.

begin delete SEC. 30. end delete
begin insert SEC. 28. end insert   

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.

begin delete SEC. 31. end delete
begin insert SEC. 29. end insert   

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.

begin delete SEC. 32. end delete
begin insert SEC. 30. end insert   

Section 2632 of the Business and Professions Code
is repealed.

begin delete SEC. 33. end delete
begin insert SEC. 31. end insert   

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.

begin delete SEC. 34. end delete
begin insert SEC. 32. end insert   

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.

begin delete SEC. 35. end delete
begin insert SEC. 33. end insert   

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

 

begin delete SEC. 36. end delete
begin insert SEC. 34. end insert   

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

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

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

begin delete SEC. 37. end delete
begin insert SEC. 35. end insert   

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 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 equal to or higher than those in
California, and he or she has passed, to the satisfaction of the board,
an examination for licensing 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 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 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 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,” 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 the board. An applicant may only qualify once to perform
as a physical therapist license applicant.

begin delete SEC. 38. end delete
begin insert SEC. 36. end insert   

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.

begin delete SEC. 39. end delete
begin insert SEC. 37. end insert   

Section 2639 of the Business and Professions Code
is repealed.

begin delete SEC. 40. end delete
begin insert SEC. 38. end insert   

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.

begin delete SEC. 41. end delete
begin insert SEC. 39. end insert   

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.

begin delete SEC. 42. end delete
begin insert SEC. 40. end insert   

Section 2640 of the Business and Professions Code
is repealed.

begin delete SEC. 43. end delete
begin insert SEC. 41. end insert   

Article begin delete 3 end delete begin insert 4 end insert (commencing with Section 2644) is added
to Chapter 5.7 of Division 2 of the Business and Professions Code,
to read:

 

Article begin delete 3. end delete begin insert 4. end insert   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.

begin delete SEC. 44. end delete
begin insert SEC. 42. end insert   

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 5.  Educational Standards

 

begin delete SEC. 45. end delete
begin insert SEC. 43. end insert   

Section 2650 of the Business and Professions Code
is repealed.

begin delete SEC. 46. end delete
begin insert SEC. 44. end insert   

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.

begin delete SEC. 47. end delete
begin insert SEC. 45. end insert   

Section 2650.1 of the Business and Professions Code
is repealed.

begin delete SEC. 48. end delete
begin insert SEC. 46. end insert   

Section 2650.2 of the Business and Professions Code
is repealed.

begin delete SEC. 49. end delete
begin insert SEC. 47. end insert   

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

2651.  

The board 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 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.

begin delete SEC. 50. end delete
begin insert SEC. 48. end insert   

Section 2652 of the Business and Professions Code
is repealed.

begin delete SEC. 51. end delete
begin insert SEC. 49. end insert   

Section 2653 of the Business and Professions Code
is repealed.

begin delete SEC. 52. end delete
begin insert SEC. 50. end insert   

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.

begin delete SEC. 53. end delete
begin insert SEC. 51. end insert   

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.

begin delete SEC. 54. end delete
begin insert SEC. 52. end insert   

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

begin delete SEC. 55. end delete
begin insert SEC. 53. end insert   

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 6.  Enforcement

 

begin delete SEC. 56. end delete
begin insert SEC. 54. end insert   

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
issued under this chapter for unprofessional conduct that includes,
in addition to other provisions of this chapter, but is not limited
to, the following:

(a) Violating or attempting to violate, directly or indirectly,
assisting in or abetting the violation of, or conspiring to violate
any provision of this chapter, any regulations duly adopted under
this chapter, or the Medical Practice Act.

(b) Advertising in violation of Section 17500.

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

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

(e) Conviction of a crime that substantially relates to the
qualifications, functions, or duties of a physical therapist or
physical therapist assistant. The record of conviction or a certified
copy thereof shall be conclusive evidence of that conviction.

(f) Unlawful possession or use of, or conviction of a criminal
offense involving, a controlled substance as defined in Division
10 (commencing with Section 11000) of the Health and Safety
Code, or any dangerous drug as defined in Article 2 (commencing
with Section 4015) of Chapter 9, as follows:

(1) Obtaining or possessing in violation of law, or except as
directed by a licensed physician and surgeon, dentist, or podiatrist,
administering to himself or herself, or furnishing or administering
to another, any controlled substances or any dangerous drug.

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

(3) Conviction of a criminal offense involving the consumption
or self-administration of, or the possession of, or falsification of
a record pertaining to, any controlled substance or any dangerous
drug, in which event the record of the conviction is conclusive
evidence thereof.

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

(h) Gross negligence or repeated acts of negligence in practice
or in the delivery of physical therapy care.

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

(j) The commission of any fraudulent, dishonest, or corrupt act
that is substantially related to the qualifications, functions, or duties
of a physical therapist or physical therapist assistant.

(k) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of 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.

(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.

begin delete SEC. 57. end delete
begin insert SEC. 55. end insert   

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.

begin delete SEC. 58. end delete
begin insert SEC. 56. end insert   

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.

begin delete SEC. 59. end delete
begin insert SEC. 57. end insert   

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.

begin delete SEC. 60. end delete
begin insert SEC. 58. end insert   

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 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.

begin delete SEC. 61. end delete
begin insert SEC. 59. end insert   

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.

begin delete SEC. 62. end delete
begin insert SEC. 60. end insert   

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 is deemed to be a conviction within the
meaning of this article. The board may order 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.

begin delete SEC. 63. end delete
begin insert SEC. 61. end insert   

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

2661.7.  

(a) A person whose license has been revoked or
suspended, or who has been placed on probation, may petition the
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 reinstatement of a license 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 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 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 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.

begin delete SEC. 64. end delete
begin insert SEC. 62. end insert   

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 7.  Substance Abuse Rehabilitation Program

 

begin delete SEC. 65. end delete
begin insert SEC. 63. end insert   

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

2663.  

The board shall establish and administer a substance
abuse rehabilitation program, hereafter 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
rehabilitation evaluation committees to assist it in carrying out its
duties under this article. Any rehabilitation evaluation committee
established by the board shall operate under the direction of the
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.

begin delete SEC. 66. end delete
begin insert SEC. 64. end insert   

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

2664.  

(a) Any rehabilitation evaluation committee established
by the board shall have at least three members. In making
appointments to a 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 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 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
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 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 rehabilitation program,
and a meeting which will be convened entirely in closed session
need not comply with Section 11125 of the Government Code. A
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 rehabilitation evaluation
committee shall receive a per diem and shall be reimbursed for
expenses as provided in Section 103.

begin delete SEC. 67. end delete
begin insert SEC. 65. end insert   

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

2665.  

Each 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 rehabilitation
program.

(b) To review and designation of treatment facilities to which
physical therapists and physical therapist assistants in the
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 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 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
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) To hold a general meeting at least twice a year, which shall
be open and public, to evaluate the rehabilitation program’s
progress, to prepare reports to be submitted to the board, and to
suggest proposals for changes in the 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
rehabilitation evaluation committee shall be considered a public
employee. No board or 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.

begin delete SEC. 68. end delete
begin insert SEC. 66. end insert   

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

2666.  

(a) Criteria for acceptance into the rehabilitation program
shall include all of the following:

(1) The applicant shall be licensed as a physical therapist or 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 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 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 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 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.

begin delete SEC. 69. end delete
begin insert SEC. 67. end insert   

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

2667.  

All board and 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.

begin delete SEC. 70. end delete
begin insert SEC. 68. end insert   

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 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.

begin delete SEC. 71. end delete
begin insert SEC. 69. end insert   

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

2669.  

Participation in a rehabilitation program shall not be a
defense to any disciplinary action 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. That
disciplinary action may not include as evidence any confidential
information.

begin delete SEC. 72. end delete
begin insert SEC. 70. end insert   

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 8.  Offenses Against this Chapter

 

begin delete SEC. 73. end delete
begin insert SEC. 71. end insert   

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 that constitute or will constitute an offense
against this chapter, the superior court of any county, on application
of the board, or 10 or more persons holding physical therapist
licenses issued under this chapter, may issue an injunction or other
appropriate order restraining the conduct. Proceedings under this
section shall be governed by Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure.

begin delete SEC. 74. end delete
begin insert SEC. 72. end insert   

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.

begin delete SEC. 75. end delete
begin insert SEC. 73. end insert   

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

2649.  

(a) A person renewing his or her license 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 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 in order to ensure compliance.

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

begin delete SEC. 76. end delete
begin insert SEC. 74. end insert   

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 9.  Fiscal Administration

 

begin delete SEC. 77. end delete
begin insert SEC. 75. end insert   

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 seeking to be licensed
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 for the exclusive purpose of executing this chapter.

begin delete SEC. 78. end delete
begin insert SEC. 76. end insert   

Section 2683 of the Business and Professions Code
is repealed.

begin delete SEC. 79. end delete
begin insert SEC. 77. end insert   

Section 2684 of the Business and Professions Code
is repealed.

begin delete SEC. 80. end delete
begin insert SEC. 78. end insert   

Section 2685 of the Business and Professions Code
is repealed.

begin delete SEC. 81. end delete
begin insert SEC. 79. end insert   

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 10.  Physical Therapy Corporations

 

begin delete SEC. 82. end delete
begin insert SEC. 80. end insert   

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 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.

begin delete SEC. 83. end delete
begin insert SEC. 81. end insert   

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 in designing and providing
initial and in-service training programs for staff of the boards,
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 as appropriate in consultation with the senior assistant.

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

begin delete SEC. 84. end delete
begin insert SEC. 82. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.