BILL NUMBER: SB 1600 CHAPTERED 09/13/00 CHAPTER 427 FILED WITH SECRETARY OF STATE SEPTEMBER 13, 2000 APPROVED BY GOVERNOR SEPTEMBER 12, 2000 PASSED THE SENATE AUGUST 28, 2000 PASSED THE ASSEMBLY AUGUST 24, 2000 AMENDED IN ASSEMBLY JUNE 22, 2000 AMENDED IN SENATE APRIL 3, 2000 INTRODUCED BY Senator Burton FEBRUARY 18, 2000 An act to add Section 2620.5 to the Business and Professions Code, relating to physical therapists. LEGISLATIVE COUNSEL'S DIGEST SB 1600, Burton. Physical therapy. The Physical Therapy Practice Act requires the licensure of physical therapists by the Physical Therapy Board of California. The act authorizes, until December 31, 2000, physical therapists to obtain certification from the board to perform tissue penetration for the purpose of evaluating neuromuscular performance in accordance with specified standards provided the physical therapist does not develop or make diagnostic or prognostic interpretations of the data obtained from the tissue penetration. A violation of any of the provisions relating to licensure of physical therapists is a misdemeanor. This bill would reenact the provisions authorizing physical therapists to obtain certification from the board to perform tissue penetration, as specified, and would make it a violation of the Medical Practice Act, subject to all of the sanctions and penalties set forth in that act, for a physical therapist to develop or make a diagnostic or prognostic interpretation of the data obtained from tissue penetration performed to evaluate a patient's neuromuscular performance. Because a violation of the bill's requirements with respect to the certification of a physical therapist would be a crime, this bill would impose a state-mandated local program by expanding the definition of an existing crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2620.5 is added to the Business and Professions Code, to read: 2620.5. A physical therapist may, upon specified authorization of a physician and surgeon, perform tissue penetration for the purpose of evaluating neuromuscular performance as a part of the practice of physical therapy, as defined in Section 2620, provided the physical therapist is certified by the board to perform the tissue penetration and evaluation and provided the physical therapist does not develop or make diagnostic or prognostic interpretations of the data obtained. Any physical therapist who develops or makes a diagnostic or prognostic interpretation of this data is in violation of the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2), and may be subject to all of the sanctions and penalties set forth in that act. The board, after meeting and conferring with the Division of Licensing of the Medical Board of California, shall do all of the following: (a) Adopt standards and procedures for tissue penetration for the purpose of evaluating neuromuscular performance by certified physical therapists. (b) Establish standards for physical therapists to perform tissue penetration for the purpose of evaluating neuromuscular performance. (c) Certify physical therapists meeting standards established by the board pursuant to this section. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.