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 sectionend delete 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 amongend delete 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 begin delete sectionend delete to be budgeted from the
special funds financing the operation of the Physical Therapy Board of California, which begin delete isend delete 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 2071 of the Business and Professions
2Code is amended to read:
The board shall adopt and administer regulations that
4establish standards for technical supportive services that may be
5performed by a medical assistant. Nothing in this section shall
6prohibit the board from amending or repealing regulations covering
7medical assistants. The board shall, prior to the adoption of any
8regulations, request recommendations regarding these standards
9from appropriate public agencies, including, but not limited to, the
10State Board of Optometry, the Board of Registered Nursing, the
11Board of Vocational Nursing and Psychiatric Technicians, the
12Laboratory Field Services division of the State Department of
13Public Health, those divisions of the State Department of Education
14that pertain to private postsecondary education and career and
15vocational preparation, the Chancellor of the California Community
16Colleges, the California Board of Podiatric Medicine, the Physician
17Assistant Examining Committee, and the Physical Therapy Board
18of California. The board shall also request recommendations
19regarding these standards from associations of medical assistants,
P4 1physicians and surgeons, nurses, doctors of podiatric medicine,
2physician assistants, physical therapists, laboratory technologists,
3optometrists, and others as the board finds appropriate, including,
4but not limited to, the California Optometric Association, the
5California Nurses Association, the California Medical Association,
6the California Society of Medical Assistants, the California Medical
7Assistants’ Association, and the California Physical Therapy
8Association. Nothing in this section shall be construed to supersede
9or modify that portion of the Administrative Procedure Act that
10relates to the procedure for the adoption of regulations and which
11is set forth in Article 5 (commencing with Section 11346) of
12Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
The heading of Article 1 (commencing with Section
152600) of Chapter 5.7 of Division 2 of the Business and Professions
16Code is amended to read:
Section 2601 of the Business and Professions Code is
Section 2601 is added to the Business and Professions
23Code, to read:
For the purpose of this chapter, the following terms shall
25have the following meanings, unless otherwise specified:
26(a) “Board” means the Physical Therapy Board of California.
27(b) “Physical therapist” means a person who is licensed pursuant
28to this chapter to practice physical therapy.
29(c) “Physical therapist assistant” means a person who is licensed
30pursuant to this chapter to assist in the provision of physical therapy
31under the supervision of a licensed physical therapist. “Physical
32therapy assistant” and “physical therapist assistant” shall be deemed
33identical and interchangeable terms.
34(d) “Physical therapist technician” and “physical therapy aide,”
35as described in Section 2630.4, shall be deemed identical and
37(e) “Physiotherapy” shall be synonymous with “physical
Section 2603 of the Business and Professions Code is
40amended to read:
The members of the board shall consist of four physical
2therapists, only one of whom shall be involved in physical therapy
3education, and three public members.
Section 2603.5 is added to the Business and Professions
5Code, to read:
(a) The physical therapist members of the board shall
7be appointed from persons having all of the following
9(1) Be a resident of California.
10(2) Possess an unrestricted license in California issued pursuant
11to this chapter.
12(3) Have been licensed pursuant to this chapter and practicing
13in California for at least five years prior to appointment to the
15(b) (1) The public members of the board shall have both of the
appointed from persons having all of the qualifications
18as set forth in Chapter 6 (commencing with Section 450) of
20(B) Be a resident of California.
21(2) No public member of the board shall be, nor have been, any
22of the following:
23(A) An officer or faculty member of any college, school, or
24institution involved in physical therapy education.
25(B) A licentiate of the Medical Board of California or of any
26board under this division or of any board referred to in Section
271000 or 3600.
Section 2604 of the Business and Professions Code is
29amended to read:
The members of the board shall be appointed for a term
31of four years, expiring on the first day of June of each year.
32The Governor shall appoint one of the public members and the
33four physical therapist members of the board qualified as provided
34in Sections 2603 and 2603.5. The Senate Committee on Rules and
35the Speaker of the Assembly shall each appoint a public member
36qualified as provided in Section 2603.5.
37No person may serve as a member of the board for more than
38two consecutive terms. Vacancies shall be filled by appointment
39for the unexpired term. Annually, the board shall elect one of its
40members as president and one of its members as vice president.
P6 1The appointing power shall
have the power to remove any
2member of the board from office for neglect of any duty required
3by law or for incompetency or unprofessional or dishonorable
Section 2604.5 of the Business and Professions Code
6 is repealed.
Section 2605 is added to the Business and Professions
8Code, to read:
The board shall do all of the following:
10(a) Evaluate the qualifications of applicants for licensure.
11(b) Provide for the examinations of physical therapists and
12physical therapist assistants and establish a passing score for each
14(c) Issue all licenses for the practice of physical therapy in
15California. Except as otherwise required by the director pursuant
16to Section 164, the license issued by the board shall describe the
17licensee as a “physical therapist” or “physical therapist assistant”
18licensed by the Physical Therapy Board of California.
19(d) Suspend and
revoke licenses and otherwise enforce the
20provisions of this chapter.
21(e) Administer a continuing competency program.
22(f) Participate, as a member, in the Delegate Assembly, and in
23applicable committee meetings, of the Federation of State Boards
24of Physical Therapy.
25(g) Publish, at least annually, a newsletter that includes, but is
26not limited to, actions taken by the board, disciplinary actions, and
27relevant statutory and regulatory changes.
28(h) Provide for the timely orientation and training of new
29professional and public member appointees to the board directly
30related to board licensing and disciplinary functions and board
31rules, policies, and procedures.
32(i) Adopt and administer a
program of education in matters
33relevant to the regulation of physical therapy.
Section 2607 of the Business and Professions Code
35 is amended to read:
The board may employ, subject to law, such clerical
37assistants and, except as provided in Section 159.5, other
38employees as it may deem necessary to carry out its powers and
P7 1The board may enter into contracts for services necessary for
2enforcement of this chapter and may as necessary select and
3contract with physical therapy consultants who are licensed
4physical therapists to assist it in its programs on an intermittent
5basis. Notwithstanding any other provision of law, the board may
6contract with these consultants on a sole source basis. For the
7purposes of Division 3.6 (commencing with Section 810) of Title
81 of the Government Code, any consultant under contract with the
9board shall be considered a public employee.
Section 2607.5 of the Business and Professions Code
11 is amended to read:
(a) The board may employ an executive officer exempt
13from the provisions of the Civil Service Act and may also employ
14investigators, legal counsel, physical therapist consultants, and
15other assistance as it may deem necessary to carry out this chapter.
16The board may fix the compensation to be paid for services and
17may incur other expenses as it may deem necessary. Investigators
18employed by the board shall be provided special training in
19investigating physical therapy practice activities.
20(b) The Attorney General shall act as legal counsel for the board
21for any judicial and administrative proceedings and his or her
22services shall be a charge against it.
23(c) This section shall remain in
effect only until January 1, 2018,
24and as of that date is repealed, unless a later enacted statute, that
25is enacted before January 1, 2018, deletes or extends that date.
Section 2608 of the Business and Professions Code
27 is amended to read:
The procedure in all matters and proceedings relating to
29the denial, suspension, revocation, or probationary restriction of
30licenses issued by the board under this chapter shall be governed
31by the provisions of Chapter 5 (commencing with Section 11500)
32of Part 1 of Division 3 of Title 2 of the Government Code.
Section 2608.5 of the Business and Professions Code
34 is amended to read:
Each member of the board, or any licensed physical
36therapist appointed by the board, may inspect, or require reports
37from, a general or specialized hospital or any other facility
38providing physical therapy care, treatment or services and the
39physical therapy staff thereof, with respect to the physical therapy
40care, treatment, services, or facilities provided therein, and may
P8 1inspect physical therapy patient records with respect to the care,
2treatment, services, or facilities. The authority to make inspections
3and to require reports as provided by this section shall not be
4delegated by a member of the board to any person other than a
5physical therapist and shall be subject to the restrictions against
6disclosure described in subdivision (u) of Section 2660.
Section 2609 of the Business and Professions Code
8 is repealed.
Section 2611 of the Business and Professions Code
10 is amended to read:
The board shall meet at least three times each calendar
12year, meeting at least once each calendar year in northern California
13and once each calendar year in southern California. The board may
14convene from time to time until its business is concluded. Special
15meetings of the board may be held at any time and place as the
16board may designate. Four members of the board shall constitute
17a quorum for the transaction of business.
Section 2612 of the Business and Professions Code
19 is amended to read:
The board shall comply with the Bagley-Keene Open
21Meeting Act (Article 9 (commencing with Section 11120) of
22Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
Section 2614 of the Business and Professions Code
25 is amended to read:
The board shall hear all matters, including but not limited
27to, any contested case or any petition for reinstatement, restoration,
28or modification of probation. Except as otherwise provided in this
29chapter, all hearings shall be conducted in accordance with Chapter
305 (commencing with Section 11500) of Part 1 of Division 3 of
31Title 2 of the Government Code. If a contested case is heard by
32the board the hearing officer who presided at the hearing shall be
33present during the board’s consideration of the case and, if
34requested, shall assist and advise the board. The board shall issue
35its decision pursuant to Section 11517 of the Government Code.
Section 2615 of the Business and Professions Code
37 is amended to read:
The board shall adopt those regulations as may be
39necessary to effectuate this chapter. In adopting regulations the
P9 1board shall comply with Chapter 3.5 (commencing with Section
211340) of Part 1 of Division 3 of Title 2 of the Government Code.
The heading of Article 2 (commencing with Section
42620) of Chapter 5.7 of Division 2 of the Business and Professions
5Code is amended to read:
Section 2620 of the Business and Professions Code
10 is amended to read:
Physical therapy means the art and science of physical
12or corrective rehabilitation or of physical or corrective treatment
13of any bodily or mental condition of any person. Physical therapy
14includes all of the following:
15(a) Examining, evaluating, and testing persons with mechanical,
16physiological, and developmental impairments, functional
17limitations, and disabilities or other health and movement-related
18conditions in order to develop a plan of therapeutic intervention.
19(b) Alleviating impairments, functional limitations, and
20disabilities by designing, implementing, and modifying therapeutic
21interventions that may include, but are not limited to, therapeutic
22exercise; functional training in self-care and in-home, community,
23or work integration or reintegration; manual therapy; therapeutic
24massage; prescription, application, and, as appropriate, fabrication
25of assistive, adaptive, orthotic, prosthetic, protective, and
26 supportive devices and equipment; airway clearance techniques;
27integumentary protection and repair techniques; debridement and
28wound care; physical agents or modalities; mechanical and
29electrical therapeutic modalities; and patient-related instruction.
30(c) Reducing the risk of injury, impairment, functional
31limitation, and disability.
32(d) Promoting and maintaining physical fitness to enhance the
33bodily movement-related health and wellness of individuals
34through the use of physical therapy interventions.
Section 2620.2 is added to the Business and
37Professions Code, to read:
Nothing in this chapter shall restrict or prohibit other
39healing arts practitioners licensed or registered under this division
40from practice within the scope of their license or registration.
Section 2620.7 of the Business and Professions Code
3 is amended to read:
(a) Patient records shall be documented as required
5in regulations promulgated by the board.
6(b) Patient records shall be maintained for a period of no less
7than seven years following the discharge of the patient, except that
8the records of unemancipated minors shall be maintained at least
9one year after the minor has reached the age of 18 years, and not
10in any case less than seven years.
Section 2621 of the Business and Professions Code
12 is amended to read:
This chapter does not authorize a physical therapist to
14diagnose disease, or practice medicine, surgery, or any other form
15of healing except as authorized by Section 2620.
Section 2622 of the Business and Professions Code
18 is repealed.
Section 2622 is added to the Business and Professions
21Code, to read:
(a) A physical therapist shall be responsible for
23managing all aspects of the care of each patient as set forth in
24regulations promulgated by the board.
25(b) A physical therapist shall not supervise more than two
26physical therapist assistants at one time to assist the physical
27therapist in his or her practice of physical therapy.
28(c) A physical therapist may utilize the services of one aide
29engaged in patient-related tasks to aid the physical therapist in his
30or her practice of physical therapy.
Section 2623 is added to the Business and Professions
33Code, to read:
The board may, by regulation, prescribe, amend, or repeal
35any rules contained within a code of professional conduct
36appropriate to the establishment and maintenance of integrity and
37dignity in the profession of physical therapy. Every licensee of the
38board shall be governed and controlled by the rules and standards
39adopted by the board.
The heading of Article 3 (commencing with Section
32630) of Chapter 5.7 of Division 2 of the Business and Professions
4Code is repealed.
Section 2630 of the Business and Professions Code
7 is amended to read:
It is unlawful for any person or persons to practice, or
9offer to practice, physical therapy in this state for compensation
10received or expected, or to hold himself or herself out as a physical
11therapist, unless at the time of so doing the person holds a valid,
12unexpired, and unrevoked physical therapist license issued under
13this chapter, except as authorized by subdivisions (c), (d), (e), and
14(g) of Section 2630.5.
Section 2630.3 is added to the Business and
17Professions Code, to read:
(a) A licensed physical therapist assistant holding a
19valid, unexpired, and unrevoked physical therapist assistant license
20may assist in the provision of physical therapy services only under
21the supervision of a physical therapist licensed by the board. A
22licensed physical therapist shall at all times be responsible for the
23extent, kind, quality, and documentation of all physical therapy
24services provided by the physical therapist assistant.
25(b) It is unlawful for any person or persons to hold himself or
26herself out as a physical therapist assistant, unless at the time of
27so doing the person holds a valid, unexpired, and unrevoked
28physical therapist assistant license issued under this chapter, except
29as authorized in subdivisions (f) and (g) of Section 2630.5.
30(c) Physical therapist assistants shall not be independently
31supervised by a physical therapist license applicant, as defined in
32Section 2639, or a physical therapist student, as defined in Section
34(d) A physical therapist assistant shall not perform any
35evaluation of a patient or prepare a discharge summary. The
36supervising physical therapist shall determine which elements of
37the treatment plan, if any, shall be assigned to the physical therapist
38assistant. Assignment of patient care shall be commensurate with
39the competence of the physical therapist assistant.
Section 2630.4 is added to the Business and
3Professions Code, to read:
(a) A “physical therapy aide” is an unlicensed person,
5at least 18 years of age, who aids a licensed physical therapist
6consistent with subdivision (b).
7(b) The aide shall at all times be under the supervision of the
8physical therapist. An aide shall not independently perform
9physical therapy or any physical therapy procedure. The board
10shall adopt regulations that set forth the standards and requirements
11for the supervision of an aide by a physical therapist.
12(c) Physical therapy aides shall not be independently supervised
13by a physical therapist license applicant, as defined in Section
142639, or a physical therapist student, as defined in Section 2633.7.
15(d) This section does not prohibit the administration by a
16physical therapy aide of massage, external baths, or normal exercise
17not a part of a physical therapy treatment.
Section 2630.5 is added to the Business and
20Professions Code, to read:
The following persons are exempt from the licensure
22requirements of this chapter when engaged in the following
24(a) A regularly matriculated physical therapist student
25undertaking a course of professional instruction in an approved
26entry-level physical therapy education program or enrolled in a
27program of supervised clinical education under the direction of an
28approved physical therapy education program as described in
29Section 2651. These physical therapist students may perform
30physical therapy as a part of their course of study.
31(b) A regularly matriculated physical therapist assistant student
32undertaking a course of instruction in an approved physical therapy
33education program or enrolled in a program of supervised clinical
34education under the direction of an approved physical therapy
35education program as described in Section 2651. These physical
36therapist assistant students may perform physical therapy
37techniques as a part of their course of study.
38(c) A physical therapist who holds an unrestricted license in
39another jurisdiction of the United States or credentialed to practice
40physical therapy in another country if that person is researching,
P13 1demonstrating, or providing physical therapy in connection with
2teaching or participating in an educational seminar of no more
3than 60 days in a calendar year.
4(d) A physical therapist located outside this state, when in actual
5consultation, whether within this state or across state lines, with a
6licensed physical therapist of this state, or when he or she is an
7invited guest of the American Physical Therapy Association or
8 one of its components, or an invited guest of an approved physical
9therapy school or college for the sole purpose of engaging in
10professional education through lectures, clinics, or demonstrations,
11if, at the time of the consultation, lecture, or demonstration, he or
12she holds an unrestricted physical therapist license in the state or
13country in which he or she resides. The physical therapist shall
14not open an office, appoint a place to meet patients, receive calls
15from patients within the limits of this state, give orders, or have
16ultimate authority over the care of a physical therapy patient who
17is located within this state.
18(e) A physical therapist who holds an unrestricted license in
19another jurisdiction of the United States or credentialed to practice
20physical therapy in another country if that person, by contract or
21employment, is providing physical therapy to individuals affiliated
22with or employed by established athletic teams, athletic
23organizations, or performing arts companies temporarily practicing,
24competing, or performing in the state for no more than 60 days in
25a calendar year.
26(f) A physical therapist assistant who holds an unrestricted
27license in another jurisdiction of the United States and is assisting
28a physical therapist engaged in activities described in subdivision
29(c), (d), or (e).
30(g) A physical therapist or physical therapist assistant who has
31a current, valid, and unrestricted license in a jurisdiction of the
32United States who is forced to leave his or her residence in a state
33other than California due to a governmentally declared emergency.
34This exemption applies for no more than 60 days following the
35declaration of the emergency. In order to be eligible for this
36exemption, the physical therapist or physical therapist assistant
37shall notify the board of his or her intent to practice in this state
38and provide a valid mailing address, telephone number, and e-mail
Section 2632 of the Business and Professions Code
3 is repealed.
Section 2633.5 is added to the Business and
6Professions Code, to read:
(a) Only a person licensed as a physical therapist
8assistant by the board may use the title “physical therapist assistant”
9or “physical therapy assistant” or the letters “PTA” or any other
10words, letters, or figures that indicate that the person is a physical
11therapist assistant licensed pursuant to this chapter.
12(b) The license of a physical therapist assistant shall not
13authorize the use of the prefix “LPT,” “RPT,” “PT,” or Dr.,” or
14the title “physical therapist,” “therapist,” “doctor,” or any affix
15indicating or implying that the physical therapist assistant is a
16physical therapist or doctor.
Section 2633.7 is added to the Business and
19Professions Code, to read:
During a period of clinical practice described in Section
212650 or in any similar period of observation of related educational
22experience involving recipients of physical therapy, a person so
23engaged shall be identified only as a “physical therapist student”
24or a “physical therapist assistant student,” as authorized by the
25board in its regulations.
The heading of Article 3 (commencing with Section
282635) is added to Chapter 5.7 of Division 2 of the Business and
29Professions Code, to read:
Section 2636 of the Business and Professions Code
35 is amended to read:
(a) Except as otherwise provided in this chapter, no
37person shall receive a license under this chapter without first
38successfully passing the following examinations, where success
39is determined based on the examination passing standard set by
P15 1(1) An examination under the direction of the board to
2demonstrate the applicant’s knowledge of the laws and regulations
3related to the practice of physical therapy in California. The
4examination shall reasonably test the applicant’s knowledge of
5these laws and regulations.
6(2) The physical therapy examination for the applicant’s
7licensure category. The examination for licensure as a physical
8therapist shall test entry-level competence to practice physical
9therapy. The examination for licensure as a physical therapist
10assistant shall test entry-level competence to practice as a physical
11therapist assistant in the technical application of physical therapy
13(b) An applicant may take the examinations for licensure as a
14physical therapist or for licensure as a physical therapist assistant
15after the applicant has met the educational requirements for that
16particular category of licensure.
17(c) The examinations required by the board for a license under
18this chapter may be conducted by the board or by a public or
19private organization specified by the board. The examinations may
20be conducted under a uniform examination system and, for that
21purpose, the board may make arrangements with organizations
22furnishing examination materials as may, in its discretion, be
Section 2636.5 of the Business and Professions Code
26 is amended to read:
(a) An applicant may be issued a license without a
28written examination if he or she meets all of the following:
29(1) He or she is at the time of application licensed as a physical
30therapist or physical therapist assistant in a state, district, or
31territory of the United States having, in the opinion of the board,
32requirements for licensing equal to or higher than those in
33California, and he or she has passed, to the satisfaction of the board,
34an examination for licensing that is, in the opinion of the board,
35comparable to the examination used in this state.
36(2) He or she is a graduate of a physical therapist or physical
37therapist assistant education program approved by the board, or
38has met the requirements of Section 2639.1, 2653, or 2654.
39(3) He or she files an application with the board and meets the
40requirements prescribed by Sections 2635 and 2650.
P16 1(b) An applicant for licensure under subdivision (a), whose
2application is based on a certificate issued by a physical therapy
3licensing authority of another state may be required to file a
4statement of past work activity.
5(c) An applicant who has filed a physical therapy application
6under this section with the board for the first time may, between
7the date of receipt of notice that his or her application is on file
8and the date of receipt of his or her license, perform as a physical
9therapist under the supervision of a physical therapist licensed in
11During this period the applicant shall identify himself or herself
12only as a “physical therapist license applicant” or “physical
13therapist assistant license applicant,” as appropriate.
14If the applicant under this section does not qualify and receive
15a license as provided in this section and does not qualify under
16Section 2639, all privileges under this section shall terminate upon
17notice by the board. An applicant may only qualify once to perform
18as a physical therapist license applicant.
Section 2638 of the Business and Professions Code
21 is amended to read:
Any applicant for licensure as a physical therapist or
23physical therapist assistant who fails to pass the examination
24required by the board may take another examination and shall pay
25the reexamination fee.
Section 2639 of the Business and Professions Code
28 is repealed.
Section 2639 is added to the Business and Professions
31Code, to read:
(a) (1) Every graduate of an approved physical therapy
33education program who has filed a complete application, as defined
34in regulation, for licensure with the board and has been awarded
35either physical therapist license applicant status or physical
36therapist assistant license applicant status shall practice under the
37supervision of a licensed physical therapist pursuant to this chapter
38for no more than 120 days pending the results of the first licensing
39examination administered. If the applicant passes the examination,
40the physical therapist license applicant status or physical therapist
P17 1assistant license applicant status shall remain in effect until a
2regular renewable license is issued, or licensure is denied, by the
3board. A supervising physical therapist shall document receipt of
4the letter authorizing the physical therapist license applicant status
5or physical therapist assistant license applicant status and record
6the expiration date of that status in the employee record. A
7supervising physical therapist shall require the applicant to provide
8documentation of the license issued at the conclusion of the
9physical therapist license applicant status or physical therapist
10assistant license applicant status. During this period the applicant
11shall identify himself or herself only as “physical therapist license
12applicant” or “physical therapist assistant license applicant,” as
14(2) A person shall not be considered a graduate unless he or she
15has successfully completed all the clinical training and internship
16required for graduation from the education program.
17(3) A person who has filed a complete application pursuant to
18Section 2636.5 may be issued license applicant status authorizing
19that individual to practice under the provisions described in
21(b) A physical therapist license applicant who has been awarded
22license applicant status may perform as a physical therapist if he
23or she is under the supervision of a physical therapist licensed by
24the board. A physical therapist assistant license applicant who has
25been awarded license applicant status may perform as a physical
26therapist assistant if he or she is under the supervision of a physical
27therapist licensed by the board. The applicant shall comply with
28any requirements applicable to the license for which he or she
29applied. An applicant may not perform in those capacities if he or
30she fails the first examination attempt.
Section 2639.1 is added to the Business and
33Professions Code, to read:
A person seeking licensure as a physical therapist
35assistant having, in the opinion of the board, training or experience,
36or a combination of training and experience, equivalent to that
37obtained in an approved physical therapist assistant education
38program, and who is, at the time of application, a person over 18
39years of age, not addicted to alcohol or any controlled substance,
40and who has not committed acts or crimes constituting grounds
P18 1for denial of licensure under Section 480 may apply to the board
Section 2640 of the Business and Professions Code
5 is repealed.
begin delete 3end delete (commencing with Section 2644) is added
8to Chapter 5.7 of Division 2 of the Business and Professions Code,
(a) Every license issued under this chapter shall expire
14at 12 a.m. on the last day of the birth month of the licensee during
15the second year of a two-year term, if not renewed.
16(b) To renew an unexpired license, the licensee shall, on or
17before the date on which it would otherwise expire, apply for
18renewal on a form prescribed by the board, pay the prescribed
19renewal fee, and submit proof of the completion of continuing
20competency required by the board pursuant to Section 2649. The
21licensee shall disclose on his or her license renewal application
22any misdemeanor or other criminal offense for which he or she
23has been found guilty or to which he or she has pleaded guilty or
At least 60 days before the expiration of any license, the
26board shall mail to each licensee under this chapter, at the latest
27address furnished by the licensee to the board, a notice stating the
28amount of the renewal fee and the date on which it is due, and that
29failure to pay it on or before the due date shall result in expiration
30of the license.
A license that has expired may be renewed at any time
32within five years after its expiration by applying for renewal as
33set forth in Section 2644. Renewal under this section shall be
34effective on the date on which the renewal application is filed, on
35the date on which the renewal fee or accrued renewal fees are paid,
36or on the date on which the delinquency fee and penalty fee, if
37any, are paid, whichever last occurs. A renewed license shall
38continue in effect through the expiration date set forth in Section
392644 that next occurs after the effective date of the renewal, at
P19 1which time it shall expire and become invalid if it is not so
A person who fails to renew his or her license within
4five years after its expiration may not renew it, and it shall not be
5reissued, reinstated, or restored thereafter. However, the person
6may apply for a new license if he or she satisfies the requirements
7set forth in Article 3 (commencing with Section 2635).
(a) A licensee is exempt from the payment of the renewal
9fee while engaged in full-time training or active service in the
10United States Army, Navy, Air Force, Marines, or Coast Guard,
11or in the United States Public Health Service.
12(b) A person exempted from the payment of the renewal fee by
13this section shall not engage in any practice of, or assistance in the
14provision of, physical therapy not related to his or her military
15service and shall become liable for payment of the fee for the
16current renewal period upon his or her discharge from full-time
17active service and shall have a period of 60 days after becoming
18liable within which to pay the renewal fee before the delinquency
19fee is required. Any person who is discharged from active service
20 within 60 days of the end of the renewal period is exempt from
21the payment of the renewal fee for that period.
22(c) The time spent in full-time active service or training shall
23not be included in the computation of the five-year period for
24renewal and reinstatement of licensure provided in Section 2646.
25(d) A person exempt from renewal fees under this section shall
26not be exempt from meeting the requirements of Section 2649.
A licensee who demonstrates to the satisfaction of the
28board that he or she is unable to practice, or assist in the provision
29of, physical therapy due to a disability may request a waiver of
30the license renewal fee. The granting of a waiver shall be at the
31discretion of the board and may be terminated at any time. Waivers
32shall be based on the inability of a licensee to practice, or assist in
33the provision of, physical therapy. A licensee whose renewal fee
34has been waived pursuant to this section shall not engage in the
35practice of, or assist in the provision of, physical therapy unless
36and until the licensee pays the current renewal fee and does either
37of the following:
38(a) Establishes to the satisfaction of the board, on a form
39prescribed by the board and signed under penalty of perjury, that
40the licensee’s disability either no longer exists or does not affect
P20 1his or her ability to practice, or assist in the provision of, physical
3(b) Signs an agreement, on a form prescribed by the board and
4signed under penalty of perjury, to limit his or her practice of, or
5assistance in the provision of, physical therapy in the manner
6prescribed by his or her reviewing physician.
7(c) A person exempt from renewal fees under this section shall
8not be exempt from meeting the requirements of Section 2649.
(a) The renewal fee shall be waived for licensees
10residing in California who certify to the board that license renewal
11is for the sole purpose of providing voluntary, unpaid physical
13(b) A person exempt from renewal fees under this section shall
14not be exempt from meeting the requirements of Section 2649.
A licensee is exempt from the payment of the renewal
16fee and from meeting the requirements set forth in Section 2649
17if he or she has applied to the board for retired license status. A
18holder of a license in retired status pursuant to this section shall
19not engage in the practice of, or assist in the provision of, physical
20therapy unless the licensee applies for renewal and meets all of
21the requirements as set forth in Section 2644.
The heading of Article 4 (commencing with Section
242650) of Chapter 5.7 of Division 2 of the Business and Professions
25Code is amended and renumbered to read:
Section 2650 of the Business and Professions Code
31 is repealed.
Section 2650 is added to the Business and Professions
34Code, to read:
(a) The physical therapist education requirements are
37(1) Except as otherwise provided in this chapter, each applicant
38for a license as a physical therapist shall be a graduate of a
39professional degree program of an accredited postsecondary
40institution or institutions approved by the board and shall have
P21 1completed a professional education program including academic
2course work and clinical internship in physical therapy.
3(2) Unless otherwise specified by the board by regulation, the
4educational requirements shall include instruction in the subjects
5prescribed by the Commission on Accreditation in Physical
6Therapy Education (CAPTE) of the American Physical Therapy
7 Association or the Accreditation Council of Canadian
8Physiotherapy and shall include a combination of didactic and
9clinical experiences. The clinical experience shall include at least
1018 weeks of full-time experience with a variety of patients.
11(b) The physical therapist assistant educational requirements
12are as follows:
13(1) Except as otherwise provided in this chapter, each applicant
14for a license as a physical therapist assistant shall be a graduate of
15a physical therapist assistant program of an accredited
16postsecondary institution or institutions approved by the board,
17and shall have completed both the academic and clinical experience
18required by the physical therapist assistant program, and have been
19awarded an associate degree.
20(2) Unless otherwise specified by the board by regulation, the
21educational requirements shall include instruction in the subjects
22prescribed by the CAPTE of the American Physical Therapy
23Association or the Accreditation Council of Canadian
24Physiotherapy or such other body as may be approved by the board
25by regulation and shall include a combination of didactic and
26clinical experiences. The clinical experience shall include at least
2718 weeks of full-time experience with a variety of patients.
Section 2650.1 of the Business and Professions Code
30 is repealed.
Section 2650.2 of the Business and Professions Code
33 is repealed.
Section 2651 of the Business and Professions Code
36 is amended to read:
The board shall approve only those physical therapist
38and physical therapist assistant education programs that prove to
39the satisfaction of the board that they comply with the minimum
40physical therapist or physical therapist assistant educational
P22 1requirements set forth in this chapter and adopted by the board
2pursuant to this chapter. Physical therapist and physical therapist
3assistant education programs that are accredited by the Commission
4on Accreditation in Physical Therapy Education of the American
5Physical Therapy Association (APTA) or the Accreditation Council
6of Canadian Physiotherapy or such other body as may be approved
7by the board by regulation, shall be deemed approved by the board
8unless the board determines otherwise. This chapter shall not
9prohibit the board from disapproving any foreign physical therapist
10or physical therapist assistant educational program or from denying
11an applicant if, in the opinion of the board, the instruction received
12by the applicant or the courses offered by the program were not
13equivalent to that which is required by this chapter.
Section 2652 of the Business and Professions Code
16 is repealed.
Section 2653 of the Business and Professions Code
19 is repealed.
Section 2653 is added to the Business and Professions
22Code, to read:
An applicant for a license as a physical therapist who
24has graduated from a physical therapist education program that is
25not approved by the board and is not located in the United States
26shall do all of the following:
27(a) Furnish documentary evidence satisfactory to the board, that
28he or she has completed a professional degree in a physical
29therapist educational program substantially equivalent at the time
30of his or her gradation to that issued by a board approved physical
31therapist education program. The professional degree must entitle
32the applicant to practice as a physical therapist in the country where
33the diploma was issued. The applicant shall meet the educational
34requirements set forth in paragraph (2) of subdivision (a) of Section
352650. The board may require an applicant to submit documentation
36of his or her education to a credentials evaluation service for review
37and a report to the board.
38(b) Demonstrate proficiency in English by achieving a score
39specified by the board on the Test of Spoken English administered
P23 1by the Educational Testing Services or such other examination as
2may be specified by the board by regulation.
3(c) Complete nine months of clinical service in a location
4approved by the board under the supervision of a physical therapist
5licensed by a United States jurisdiction, in a manner satisfactory
6to the board. The applicant shall have passed the written
7examination required in Section 2636 prior to commencing the
8period of clinical service. The board shall require the supervising
9physical therapist to evaluate the applicant and report his or her
10findings to the board. The board may in its discretion waive all or
11part of the required clinical service pursuant to guidelines set forth
12in its regulations. During the period of clinical service, the applicant
13shall be identified as a physical therapist license applicant. If an
14applicant fails to complete the required period of clinical service,
15the board may, for good cause shown, allow the applicant to
16complete another period of clinical service.
Section 2654 is added to the Business and Professions
19Code, to read:
If an applicant who has graduated from a physical
21therapist education program that is not approved by the board and
22is not located in the United States does not qualify to take the
23physical therapist examination, his or her education may be
24evaluated by the board and the applicant may be eligible to take
25the physical therapist assistant examination.
Article 4.5 (commencing with Section 2655) of
28Chapter 5.7 of Division 2 of the Business and Professions Code
29 is repealed.
The heading of Article 5 (commencing with Section
322660) of Chapter 5.7 of Division 2 of the Business and Professions
33Code is amended and renumbered to read:
Section 2660 of the Business and Professions Code
39 is amended to read:
Unprofessional conduct constitutes grounds for citation,
2discipline, denial of a license, or issuance of a probationary license.
3The board may, after the conduct of appropriate proceedings under
4the Administrative Procedure Act, issue a citation, impose
5discipline, deny a license, suspend for not more than 12 months,
6or revoke, or impose probationary conditions upon any license
7issued under this chapter for unprofessional conduct that includes,
8in addition to other provisions of this chapter, but is not limited
9to, the following:
10(a) Violating or attempting to violate, directly or indirectly,
11assisting in or abetting the violation of, or conspiring to violate
12any provision of this chapter, any regulations duly adopted under
13this chapter, or the Medical Practice Act.
14(b) Advertising in violation of Section 17500.
15(c) Obtaining or attempting to obtain a license by fraud or
17(d) Practicing or offering to practice beyond the scope of practice
18of physical therapy.
19(e) Conviction of a crime that substantially relates to the
20qualifications, functions, or duties of a physical therapist or
21physical therapist assistant. The record of conviction or a certified
22copy thereof shall be conclusive evidence of that conviction.
23(f) Unlawful possession or use of, or conviction of a criminal
24offense involving, a controlled substance as defined in Division
2510 (commencing with Section 11000) of the Health and Safety
26Code, or any dangerous drug as defined in Article 2 (commencing
27with Section 4015) of Chapter 9, as follows:
28(1) Obtaining or possessing in violation of law, or except as
29directed by a licensed physician and surgeon, dentist, or podiatrist,
30administering to himself or herself, or furnishing or administering
31to another, any controlled substances or any dangerous drug.
32(2) Using any controlled substance or any dangerous drug.
33(3) Conviction of a criminal offense involving the consumption
34or self-administration of, or the possession of, or falsification of
35a record pertaining to, any controlled substance or any dangerous
36drug, in which event the record of the conviction is conclusive
38(g) Failure to maintain adequate and accurate records relating
39to the provision of services to his or her patients.
P25 1(h) Gross negligence or repeated acts of negligence in practice
2or in the delivery of physical therapy care.
3(i) Aiding or abetting any person to engage in the unlawful
4practice of physical therapy.
5(j) The commission of any fraudulent, dishonest, or corrupt act
6that is substantially related to the qualifications, functions, or duties
7of a physical therapist or physical therapist assistant.
8(k) Except for good cause, the knowing failure to protect patients
9by failing to follow infection control guidelines of the board,
10thereby risking transmission of blood-borne infectious diseases
11from licensee to patient, from patient to patient, and from patient
12to licensee. In administering this subdivision, the board shall
13consider referencing the standards, regulations, and guidelines of
14the State Department of Public Health developed pursuant to
15Section 1250.11 of the Health and Safety Code and the standards,
16regulations, and guidelines pursuant to the California Occupational
17Safety and Health Act of 1973 (Part 1 (commencing with Section
186300) of Division 5 of the Labor Code) for preventing the
19transmission of HIV, hepatitis B, and other blood-borne pathogens
20in health care settings. As necessary, the board shall consult with
21the Medical Board of California, the California Board of Podiatric
22Medicine, the Dental Board of California, the Board of Registered
23Nursing, and the Board of Vocational Nursing and Psychiatric
24Technicians of the State of California, to encourage appropriate
25consistency in the implementation of this subdivision.
26(l) The commission of verbal abuse or sexual harassment.
27(m) Engaging in sexual misconduct or violating Section 726.
28(n) Permitting a physical therapist assistant or physical therapy
29aide under one’s supervision or control to perform, or permitting
30the physical therapist assistant or physical therapy aide to hold
31himself or herself out as competent to perform, professional
32services beyond the level of education, training, and experience
33of the physical therapist assistant or aide.
34(o) The revocation, suspension, or other discipline, restriction,
35or limitation imposed by another state upon a license or certificate
36to practice physical therapy issued by that state, or the revocation,
37suspension, or restriction of the authority to practice physical
38therapy by any agency of the federal government.
P26 1(p) Viewing a completely or partially disrobed patient in the
2 course of treatment if the viewing is not necessary to patient
3evaluation or treatment under current standards.
4(q) Engaging in any act in violation of Section 650, 651, or
6(r) Charging a fee for services not performed.
7(s) Misrepresenting documentation of patient care or deliberate
8falsifying of patient records.
9(t) Except as otherwise allowed by law, the employment of
10runners, cappers, steerers, or other persons to procure patients.
11(u) The willful, unauthorized violation of professional
13(v) Failing to maintain confidentiality, except as otherwise
14required or permitted by law, of all information that has been
15received from a patient in confidence during the course of treatment
16and all information about the patient that is obtained from tests or
18(w) Habitual intemperance.
Section 2660.2 of the Business and Professions Code
21 is amended to read:
(a) The board may refuse a license to any applicant
23guilty of unprofessional conduct or sexual activity referred to in
24Section 2660.1. The board may, in its sole discretion, issue a public
25letter of reprimand in accordance with Section 2660.3 or may issue
26a probationary license to any applicant for a license who is guilty
27of unprofessional conduct but who has met all other requirements
28for licensure. The board may issue the license subject to any terms
29or conditions not contrary to public policy, including, but not
30limited to, the following:
31(1) Medical or psychiatric evaluation.
32(2) Continuing medical or psychiatric treatment.
33(3) Restriction of the type or circumstances of practice.
34(4) Continuing participation in a board-approved rehabilitation
36(5) Abstention from the use of alcohol or drugs.
37(6) Random fluid testing for alcohol or drugs.
38(7) Compliance with laws and regulations governing the practice
39of physical therapy.
P27 1(b) The applicant shall have the right to appeal the denial, or
2the issuance with terms and conditions, of any license in
3accordance with Chapter 5 (commencing with Section 11500) of
4Part 1 of Division 3 of Title 2 of the Government Code, and the
5board shall have all the powers granted therein. The action shall
6be final, except that the propriety of the action is subject to review
7by the superior court pursuant to Section 1094.5 of the Code of
9(c) In lieu of refusing a license, the board may, upon stipulation
10or agreement by the licensee, issue a public letter of reprimand
11after it has conducted an investigation or inspection as provided
12for in this chapter. The public letter of reprimand may include a
13requirement for specified training or education, and cost recovery
14for investigative costs. The board shall notify the licensee of its
15intention to issue the letter 30 days before the intended issuance
16date of the letter. The licensee shall indicate in writing at least 15
17days prior to the letter’s intended issuance date whether he or she
18agrees to the issuance of the letter. The board, at its option, may
19extend the time within which the licensee may respond to its
20notification. If the licensee does not agree to the issuance of the
21letter, the board shall not issue the letter and may proceed to file
22the accusation. The board may use a public letter of reprimand
23only for minor violations, as defined by the board, committed by
24the applicant. A public letter of reprimand issued pursuant to this
25section shall be disclosed by the board to an inquiring member of
26the public and shall be posted on the board’s Internet Web site.
Section 2660.3 of the Business and Professions Code
29 is amended to read:
In lieu of filing or prosecuting a formal accusation
31against a licensee, the board may, upon stipulation or agreement
32by the licensee, issue a public letter of reprimand after it has
33conducted an investigation or inspection as provided for in this
34chapter. The public letter of reprimand may include a requirement
35for specified training or education, and cost recovery for
36investigative costs. The board shall notify the licensee of its
37intention to issue the letter 30 days before the intended issuance
38date of the letter. The licensee shall indicate in writing at least 15
39days prior to the letter’s intended issuance date whether he or she
40agrees to the issuance of the letter. The board, at its option, may
P28 1extend the time within which the licensee may respond to its
2notification. If the licensee does not agree to the issuance of the
3letter, the board shall not issue the letter and may proceed to file
4the accusation. The board may use a public letter of reprimand
5only for minor violations, as defined by the board, committed by
6the licensee. A public letter of reprimand issued pursuant to this
7section shall be disclosed by the board to an inquiring member of
8the public and shall be posted on the board’s Internet Web site.
Section 2660.4 is added to the Business and
11Professions Code, to read:
A licensee who fails or refuses to comply with a request
13from the board for the medical records of a patient, that is
14accompanied by that patient’s written authorization for release of
15records to the board, within 15 days of receiving the request and
16authorization shall pay to the board a civil penalty of one thousand
17dollars ($1,000) per day for each day that the records have not
18been produced after the 15th day, unless the licensee is unable to
19provide the records within this time period for good cause.
Section 2660.5 of the Business and Professions Code
22 is amended to read:
The board shall deny a physical therapist license or
24physical therapist assistant license to an applicant who is required
25to register pursuant to Section 290 of the Penal Code. This section
26does not apply to an applicant who is required to register as a sex
27offender pursuant to Section 290 of the Penal Code solely because
28of a misdemeanor conviction under Section 314 of the Penal Code.
Section 2660.8 is added to the Business and
31Professions Code, to read:
A licensee whose matter has been heard by an
33administrative law judge of the Medical Quality Hearing Panel as
34designated in Section 11371 of the Government Code, or whose
35default has been entered or who has entered into a stipulation for
36disciplinary action with the board, may, in accordance with the
37provisions of this chapter:
38(a) Have his or her license revoked upon order of the board.
39(b) Have his or her right to practice suspended for a period not
40to exceed one year upon order of the board.
P29 1(c) Be placed on probation and required to pay the costs of
2probation monitoring upon order of the board.
3(d) Be publicly reprimanded by the board.
4(e) Be required to surrender his or her license based on an order
5of the board.
6(f) Have any other action taken in relation to discipline as part
7of an order of probation, as the board or an administrative law
8judge may deem proper.
Section 2661 of the Business and Professions Code
11 is amended to read:
A plea or verdict of guilty or a conviction following a
13plea of nolo contendere is deemed to be a conviction within the
14meaning of this article. The board may order discipline of the
15licensee in accordance with Section 2660 or the board may take
16action as authorized in Section 2660.2 on an application when the
17time for appeal has elapsed, or the judgment of conviction has
18been affirmed on appeal or when an order granting probation is
19made suspending the imposition of sentence, irrespective of a
20subsequent order under Section 1203.4 of the Penal Code allowing
21that person to withdraw his or her plea of guilty and to enter a plea
22of not guilty, or setting aside the verdict of guilty, or dismissing
23the accusation, information, or indictment.
Section 2661.7 of the Business and Professions Code
26 is amended to read:
(a) A person whose license has been revoked or
28suspended, or who has been placed on probation, may petition the
29board for reinstatement or modification of penalty, including
30modification or termination of probation, after a period of not less
31than the following minimum periods has elapsed from the effective
32date of the decision ordering that disciplinary action:
33(1) At least three years for reinstatement of a license or approval
34revoked for unprofessional conduct, except that the board may,
35for good cause shown, specify in a revocation order that a petition
36for reinstatement may be filed after two years.
37(2) At least two years for early termination or one year
38modification of a condition of probation of three years or more.
P30 1(3) At least one year for reinstatement of a license revoked for
2mental or physical illness, or for modification of a condition, or
3termination of probation of less than three years.
4(b) The petition shall state any facts as may be required by the
5board. The petition shall be accompanied by at least two verified
6recommendations from physical therapists licensed by the board
7who have personal knowledge of the activities of the petitioner
8since the disciplinary penalty was imposed.
9(c) The petition may be heard by the board. The board may
10assign the petition to an administrative law judge designated in
11Section 11371 of the Government Code. After a hearing on the
12petition, the administrative law judge shall provide a proposed
13decision to the board that shall be acted upon in accordance with
14the Administrative Procedure Act.
15(d) The board or the administrative law judge hearing the
16petition may consider all activities of the petitioner since the
17disciplinary action was taken, the offense for which the petitioner
18was disciplined, the petitioner’s activities during the time the
19license was in good standing, and the petitioner’s rehabilitative
20efforts, general reputation for truth, and professional ability. The
21hearing may be continued, as the board or the administrative law
22judge designated in Section 11371 of the Government Code finds
24(e) The administrative law judge designated in Section 11371
25of the Government Code when hearing a petition for reinstating a
26license, or modifying a penalty, may recommend the imposition
27of any terms and conditions deemed necessary.
28(f) No petition shall be considered while the petitioner is under
29sentence for any criminal offense, including any period during
30which the petitioner is on court-imposed probation or parole. No
31petition shall be considered while there is an accusation or petition
32to revoke probation pending against the petitioner. The board may
33deny, without a hearing or argument, any petition filed pursuant
34to this section within a period of two years from the effective date
35of the prior decision following a hearing under this section.
36(g) Nothing in this section shall be deemed to alter Sections 822
The heading of Article 5.5 (commencing with Section
32662) of Chapter 5.7 of Division 2 of the Business and Professions
4Code is amended and renumbered to read:
Section 2663 of the Business and Professions Code
10 is amended to read:
The board shall establish and administer a substance
12abuse rehabilitation program, hereafter referred to as the
13rehabilitation program, for the rehabilitation of physical therapists
14and physical therapist assistants whose competency is impaired
15due to the abuse of drugs or alcohol. The board may contract with
16any other state agency or a private organization to perform its
17duties under this article. The board may establish one or more
18rehabilitation evaluation committees to assist it in carrying out its
19duties under this article. Any rehabilitation evaluation committee
20established by the board shall operate under the direction of the
21rehabilitation program manager, as designated by the executive
22officer of the board. The program manager has the primary
23responsibility to review and evaluate recommendations of the
Section 2664 of the Business and Professions Code
27 is amended to read:
(a) Any rehabilitation evaluation committee established
29by the board shall have at least three members. In making
30appointments to a rehabilitation evaluation committee, the board
31shall consider the appointment of persons who are either recovering
32from substance abuse and have been free from substance abuse
33for at least three years immediately prior to their appointment or
34who are knowledgeable in the treatment and recovery of substance
35abuse. The board also shall consider the appointment of a physician
36and surgeon who is board certified in psychiatry.
37(b) Appointments to a rehabilitation evaluation committee shall
38be by the affirmative vote of a majority of members appointed to
39the board. Each appointment shall be at the pleasure of the board
P32 1for a term not to exceed four years. In its discretion, the board may
2stagger the terms of the initial members so appointed.
3(c) A majority of the members of a rehabilitation evaluation
4committee shall constitute a quorum for the transaction of business.
5Any action requires an affirmative vote of a majority of those
6members present at a meeting constituting at least a quorum. Each
7rehabilitation evaluation committee shall elect from its membership
8a chairperson and a vice chairperson. Notwithstanding the
9Bagley-Keene Open Meeting Act (Article 9 (commencing with
10Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
11the Government Code), relating to public meetings, a rehabilitation
12evaluation committee may convene in closed session to consider
13matters relating to any physical therapist or physical therapist
14assistant applying for or participating in a rehabilitation program,
15and a meeting which will be convened entirely in closed session
16need not comply with Section 11125 of the Government Code. A
17rehabilitation evaluation committee shall only convene in closed
18session to the extent it is necessary to protect the privacy of an
19applicant or participant. Each member of a rehabilitation evaluation
20committee shall receive a per diem and shall be reimbursed for
21expenses as provided in Section 103.
Section 2665 of the Business and Professions Code
24 is amended to read:
Each rehabilitation evaluation committee has the
26following duties and responsibilities:
27(a) To evaluate physical therapists and physical therapist
28assistants who request participation in the rehabilitation program
29and to make recommendations. In making recommendations, the
30committee shall consider any recommendations from professional
31consultants on the admission of applicants to the rehabilitation
33(b) To review and designation of treatment facilities to which
34physical therapists and physical therapist assistants in the
35rehabilitation program may be referred.
36(c) To receive and review information concerning
37therapists and physical therapist assistants participating in the
39(d) Calling meetings as necessary to consider the requests of
40physical therapists and physical therapist assistants to participate
P33 1in the rehabilitation program, to consider reports regarding
2participants in the program, and to consider any other matters
3referred to it by the board.
4(e) To consider whether each participant in the rehabilitation
5program may with safety continue or resume the practice of
7(f) To set forth in writing the terms and conditions of the
8rehabilitation agreement that is approved by the program manager
9for each physical therapist and physical therapist assistant
10participating in the program, including treatment, supervision, and
12(g) To hold a general meeting at least twice a year, which shall
13be open and public, to evaluate the rehabilitation program’s
14progress, to prepare reports to be submitted to the board, and to
15suggest proposals for changes in the rehabilitation program.
16(h) For the purposes of Division 3.6 (commencing with Section
17810) of Title 1 of the Government Code, any member of a
18rehabilitation evaluation committee shall be considered a public
19 employee. No board or rehabilitation evaluation committee
20member, contractor, or agent thereof, shall be liable for any civil
21damage because of acts or omissions which may occur while acting
22in good faith in a program established pursuant to this article.
Section 2666 of the Business and Professions Code
25 is amended to read:
(a) Criteria for acceptance into the rehabilitation program
27shall include all of the following:
28(1) The applicant shall be licensed as a physical therapist or as
29a physical therapist assistant by the board and shall be a resident
31(2) The applicant shall be found to abuse dangerous drugs or
32alcoholic beverages in a manner that may affect his or her ability
33to practice physical therapy safely or competently.
34(3) The applicant shall have voluntarily requested admission to
35the program or shall be accepted into the program in accordance
36with terms and conditions resulting from a disciplinary action.
37(4) The applicant shall agree to undertake any medical or
38psychiatric examination ordered to evaluate the applicant for
39participation in the program.
P34 1(5) The applicant shall cooperate with the program by providing
2medical information, disclosure authorizations, and releases of
3liability as may be necessary for participation in the program.
4(6) The applicant shall agree in writing to cooperate with all
5elements of the treatment program designed for him or her.
6Any applicant may be denied participation in the program if the
7board, the program manager, or a rehabilitation evaluation
8committee determines that the applicant will not substantially
9benefit from participation in the program or that the applicant’s
10participation in the program creates too great a risk to the public
11health, safety, or welfare.
12(b) A participant may be terminated from the program for any
13of the following reasons:
14(1) The participant has successfully completed the treatment
16(2) The participant has failed to comply with the treatment
17program designated for him or her.
18(3) The participant fails to meet any of the criteria set forth in
19subdivision (a) or (c).
20(4) It is determined that the participant has not substantially
21benefited from participation in the program or that his or her
22continued participation in the program creates too great a risk to
23the public health, safety, or welfare. Whenever an applicant is
24denied participation in the program or a participant is terminated
25from the program for any reason other than the successful
26completion of the program, and it is determined that the continued
27practice of physical therapy by that individual creates too great a
28risk to the public health, safety, and welfare, that fact shall be
29reported to the executive officer of the board and all documents
30and information pertaining to and supporting that conclusion shall
31be provided to the executive officer. The matter may be referred
32for investigation and disciplinary action by the board. Each physical
33therapist or physical therapy assistant who requests participation
34in a rehabilitation program shall agree to cooperate with the
35recovery program designed for him or her. Any failure to comply
36with that program may result in termination of participation in the
38The rehabilitation evaluation committee shall inform each
39participant in the program of the procedures followed in the
40program, of the rights and responsibilities of a physical therapist
P35 1or physical therapist assistant in the program, and the possible
2results of noncompliance with the program.
3(c) In addition to the criteria and causes set forth in subdivision
4(a), the board may set forth in its regulations additional criteria for
5admission to the program or causes for termination from the
Section 2667 of the Business and Professions Code
9 is amended to read:
All board and rehabilitation evaluation committee records
11and records of proceedings and participation of a physical therapist
12or physical therapist assistant in a program shall be confidential
13and are not subject to discovery or subpoena.
Section 2668 of the Business and Professions Code
16 is amended to read:
(a) A fee to cover the actual cost of administering the
18program shall be charged for participation in the program. If the
19board contracts with any other entity to carry out this article, at
20the discretion of the board, the fee may be collected and retained
21by that entity.
22(b) If the board contracts with any other entity to carry out this
23section, the executive officer of the board, or his or her designee,
24shall review the activities and performance of the contractor on a
25biennial basis. As part of this review, the board shall review files
26of participants in the program. However, the names of participants
27who entered the program voluntarily shall remain confidential,
28except when the review reveals misdiagnosis, case
29 mismanagement, or noncompliance by the participant.
30(c) Subdivision (a) shall apply to all new participants entering
31into the board’s rehabilitation program on or after January 1, 2007.
32Subdivision (a) shall apply on and after January 1, 2008, to
33participants currently enrolled as of December 31, 2007.
Section 2669 of the Business and Professions Code
36 is amended to read:
Participation in a rehabilitation program shall not be a
38defense to any disciplinary action that may be taken by the board.
39This section does not preclude the board from commencing
40disciplinary action against a physical therapist or physical therapist
P36 1assistant who is terminated unsuccessfully from the program. That
2disciplinary action may not include as evidence any confidential
The heading of Article 6 (commencing with Section
62670) of Chapter 5.7 of Division 2 of the Business and Professions
7Code is amended and renumbered to read:
Section 2672 of the Business and Professions Code
13 is amended to read:
Whenever any person has engaged or is about to engage
15in any acts or practices that constitute or will constitute an offense
16against this chapter, the superior court of any county, on application
17of the board, or 10 or more persons holding physical therapist
18licenses issued under this chapter, may issue an injunction or other
19appropriate order restraining the conduct. Proceedings under this
20section shall be governed by Chapter 3 (commencing with Section
21525) of Title 7 of Part 2 of the Code of Civil Procedure.
The heading of Article 6.5 (commencing with Section
242676) of Chapter 5.7 of Division 2 of the Business and Professions
25Code is repealed.
Section 2676 of the Business and Professions Code
28 is amended and renumbered to read:
(a) A person renewing his or her license shall submit
30proof satisfactory to the board that, during the preceding two years,
31he or she has completed the required number of continuing
32education hours established by regulation by the board, or such
33other proof of continuing competency as the board may establish
34by regulation. Required continuing education shall not exceed 30
35hours every two years.
36(b) The board shall adopt and administer regulations including,
37but not limited to, continuing education intended to ensure the
38continuing competency of persons licensed pursuant to this chapter.
39The board may establish different requirements for physical
40therapists and physical therapist assistants. The board may not
P37 1require the completion of an additional postsecondary degree or
2successful completion of an examination as a condition of renewal,
3but may recognize these as demonstrative of continuing
4competency. This program shall include provisions requiring
5random audits of licensees in order to ensure compliance.
6(c) The administration of this section may be funded through
7professional license fees, continuing education provider fees, and
8recognized approval agency fees. The fees shall not exceed the
9amounts necessary to cover the actual costs of administering this
The heading of Article 7 (commencing with Section
132680) of Chapter 5.7 of Division 2 of the Business and Professions
14Code is amended and renumbered to read:
Section 2682 of the Business and Professions Code
20 is amended to read:
There is in the State Treasury the Physical Therapy Fund.
22All collections from persons licensed or seeking to be licensed
23shall be paid by the board into the fund after reporting to the
24Controller at the beginning of each month the amount and source
25of the collections. All money in the Physical Therapy Fund is
26appropriated for the exclusive purpose of executing this chapter.
Section 2683 of the Business and Professions Code
29 is repealed.
Section 2684 of the Business and Professions Code
32 is repealed.
Section 2685 of the Business and Professions Code
35 is repealed.
The heading of Article 8 (commencing with Section
382690) of Chapter 5.7 of Division 2 of the Business and Professions
39Code is amended and renumbered to read:
Section 12529 of the Government Code, as amended
5by Section 113 of Chapter 332 of the Statutes of 2012, is amended
(a) There is in the Department of Justice the Health
8Quality Enforcement Section. The primary responsibility of the
9section is to prosecute proceedings against licensees and applicants
10within the jurisdiction of the Medical Board of California, the
11California Board of Podiatric Medicine, the Board of Psychology,
12the Physical Therapy Board of California, or any committee under
13the jurisdiction of the Medical Board of California, and to provide
14ongoing review of the investigative activities conducted in support
15of those prosecutions, as provided in subdivision (b) of Section
17(b) The Attorney General shall appoint a Senior Assistant
18Attorney General of the Health Quality Enforcement Section. The
19Senior Assistant Attorney General of the Health Quality
20 Enforcement Section shall be an attorney in good standing licensed
21to practice in the State of California, experienced in prosecutorial
22or administrative disciplinary proceedings and competent in the
23management and supervision of attorneys performing those
25(c) The Attorney General shall ensure that the Health Quality
26Enforcement Section is staffed with a sufficient number of
27experienced and able employees that are capable of handling the
28most complex and varied types of disciplinary actions against the
29licensees of the boards.
30(d) Funding for the Health Quality Enforcement Section shall
31be budgeted in consultation with the Attorney General from the
32special funds financing the operations of the Medical Board of
33California, the California Board of Podiatric Medicine, the Board
34of Psychology, the Physical Therapy Board of California, and the
35committees under the jurisdiction of the Medical Board of
36California, with the intent that the expenses be proportionally
37shared as to services rendered.
38(e) This section shall become operative January 1, 2014.
Section 12529.5 of the Government Code, as amended
3by Section 115 of Chapter 332 of the Statutes of 2012, is amended
(a) All complaints or relevant information concerning
6licensees that are within the jurisdiction of the Medical Board of
7California, the California Board of Podiatric Medicine, or the
8Board of Psychology, or the Physical Therapy Board of California,
9shall be made available to the Health Quality Enforcement Section.
10(b) The Senior Assistant Attorney General of the Health Quality
11Enforcement Section shall assign attorneys to assist the boards in
12intake and investigations and to direct discipline-related
13prosecutions. Attorneys shall be assigned to work closely with
14each major intake and investigatory unit of the boards, to assist in
15the evaluation and screening of complaints from receipt through
16disposition and to assist in developing uniform standards and
17 procedures for the handling of complaints and investigations.
18A deputy attorney general of the Health Quality Enforcement
19Section shall frequently be available on location at each of the
20working offices at the major investigation centers of the boards,
21to provide consultation and related services and engage in case
22review with the boards’ investigative, medical advisory, and intake
23staff. The Senior Assistant Attorney General and deputy attorneys
24general working at his or her direction shall consult as appropriate
25with the investigators of the boards, medical advisors, and
26executive staff in the investigation and prosecution of disciplinary
28(c) The Senior Assistant Attorney General or his or her deputy
29attorneys general shall assist the boards in designing and providing
30initial and in-service training programs for staff of the boards,
31including, but not limited to, information collection and
33(d) The determination to bring a disciplinary proceeding against
34a licensee of the boards shall be made by the executive officer of
35the boards as appropriate in consultation with the senior assistant.
36(e) This section shall become operative January 1, 2014.
No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P40 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California