BILL NUMBER: AB 2927	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 24, 2006

   An act to amend Section 2620 of the Business and Professions Code,
relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2927, as introduced, Leno  Physical therapy.
   Existing law, the Physical Therapy Practice Act, licenses and
regulates physical therapists by the Physical Therapy Board of
California, and provides that a violation of the act is a crime.
Existing law defines physical therapy for purposes of the act.
   This bill would specify that nothing in the act prohibits an
individual not licensed or registered under the Medical Practice Act
from providing assistance and advice to a consumer regarding physical
fitness, including developing training regimens. The bill would also
require the individual to make certain disclosures to the consumer
regarding any medical conditions the consumer may have, including
that the consumer should consult with the appropriate health care
professional before proceeding with the training. Because a violation
of the bill's provisions would be a crime, the bill would impose a
state-mandated local program.
  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: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2620 of the Business and Professions Code is
amended to read:
   2620.  (a) Physical therapy means the art and science of physical
or corrective rehabilitation or of physical or corrective treatment
of any bodily or mental condition of any person by the use of the
physical, chemical, and other properties of heat, light, water,
electricity, sound, massage, and active, passive, and resistive
exercise, and shall include physical therapy evaluation, treatment
planning, instruction and consultative services. The practice of
physical therapy includes the promotion and maintenance of physical
fitness to enhance the bodily movement related health and wellness of
individuals through the use of physical therapy interventions. The
use of roentgen rays and radioactive materials, for diagnostic and
therapeutic purposes, and the use of electricity for surgical
purposes, including cauterization, are not authorized under the term
"physical therapy" as used in this chapter, and a license issued
pursuant to this chapter does not authorize the diagnosis of disease.

   (b) Nothing in this section shall be construed to restrict or
prohibit other healing arts practitioners licensed or registered
under this division from practice within the scope of their license
or registration.  
   (c) (1) Nothing in this section prohibits an individual not
licensed or registered under this division from providing assistance
and advice to a consumer regarding physical fitness, including
developing training regimens and implementing and maintaining those
regimens.  
   (2) An individual who provides services pursuant to this
subdivision shall disclose to the consumer that injuries, ailments,
or medical conditions that the consumer may have could affect
implementation and maintenance of the training regimen, and that the
consumer should consult with the appropriate health care professional
before proceeding with the training. 
  SEC. 2.  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.