BILL NUMBER: SB 924 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 9, 2011
AMENDED IN SENATE MARCH 30, 2011
INTRODUCED BY Senator Walters
(Coauthors: Senators Emmerson, Runner, and Strickland)
(Coauthors: Assembly Members Bill Berryhill,
Chesbro, Galgiani, Knight, Morrell, Norby, and Silva)
FEBRUARY 18, 2011
An act to amend Section 2660 of, and to add Section 2620.1 to, the
Business and Professions Code, relating to physical therapists.
LEGISLATIVE COUNSEL'S DIGEST
SB 924, as amended, Walters. Physical therapists: direct access to
services.
Existing law, the Physical Therapy Practice Act, creates the
Physical Therapy Board of California and makes it responsible for the
licensure and regulation of physical therapists. The act defines the
term "physical therapy" for its purposes and makes it a crime to
violate any of its provisions. The act authorizes the board to
suspend, revoke, or impose probationary conditions on a license,
certificate, or approval issued under the act for unprofessional
conduct, as specified.
This bill would specify that patients may access physical therapy
treatment directly, and would, in those circumstances, require a
physical therapist to refer his or her patient to another specified
healing arts practitioner if the physical therapist has reason to
believe the patient has a condition requiring treatment or services
beyond that scope of practice, to disclose to the patient any
financial interest he or she has in treating the patient, and, with
the patient's written authorization, to notify the patient's
physician and surgeon, if any, that the physical therapist is
treating the patient. The bill would prohibit a physical
therapist from treating a patient beyond a 30-day period, unless the
patient has obtained a diagnosis from a physician and surgeon.
The bill would provide that failure to comply with these provisions
constitutes unprofessional conduct subject to disciplinary action by
the board.
Because the bill would specify additional requirements under the
Physical Therapy Practice Act, the violation of which would be a
crime, it 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. The Legislature finds and declares that an individual's
access to early intervention to physical therapy treatment may
decrease the duration of a disability, reduce pain, and lead to a
quicker recovery.
SEC. 2. Section 2620.1 is added to the Business and Professions
Code, to read:
2620.1. (a) In addition to receiving wellness and evaluation
services from a physical therapist, a person may initiate physical
therapy treatment directly from a licensed physical therapist
provided that the treatment is within the scope of practice of
physical therapists as defined in Section 2620, and that all the
following conditions are met:
(1) If, at any time, the physical therapist has reason to believe
that the patient has signs or symptoms of a condition that requires
treatment beyond the scope of practice of a physical therapist, the
physical therapist shall refer the patient to a person holding a
physician and surgeon's certificate issued by the Medical Board of
California or by the Osteopathic Medical Board of California or to a
person licensed to practice dentistry, podiatric medicine, or
chiropractic.
(2) The physical therapist shall disclose to the patient any
financial interest he or she has in treating the patient and
shall comply with Article 6 (commencing with Section 650) of Chapter
1 of Division 2 .
(3) With the patient's written authorization, the physical
therapist shall notify the patient's physician and surgeon, if any,
that the physical therapist is treating the patient.
(b) The conditions in paragraphs (1), (2), and (3) of subdivision
(a) do not apply to a physical therapist when providing evaluation or
wellness physical therapy services to a patient as described in
subdivision (a) of Section 2620.
(c) Nothing in this section shall be construed to expand or modify
the scope of practice for physical therapists set forth in Section
2620, including the prohibition on a physical therapist diagnosing a
disease.
(d) Nothing in this section shall be construed to require a health
care service plan or insurer to provide coverage for direct access
to treatment by a physical therapist.
(e) A physical therapist shall not continue treating a patient
beyond a 30-day period, unless the patient has obtained a diagnosis
by a physician and surgeon.
SEC. 3. Section 2660 of the Business and Professions Code is
amended to read:
2660. The board may, after the conduct of appropriate proceedings
under the Administrative Procedure Act, suspend for not more than 12
months, or revoke, or impose probationary conditions upon any
license, certificate, or approval issued under this chapter for
unprofessional conduct that includes, but is not limited to, one or
any combination of the following causes:
(a) Advertising in violation of Section 17500.
(b) Fraud in the procurement of any license under this chapter.
(c) Procuring or aiding or offering to procure or aid in criminal
abortion.
(d) Conviction of a crime that substantially relates to the
qualifications, functions, or duties of a physical therapist or
physical therapist assistant. The record of conviction or a certified
copy thereof shall be conclusive evidence of that conviction.
(e) Habitual intemperance.
(f) Addiction to the excessive use of any habit-forming drug.
(g) Gross negligence in his or her practice as a physical
therapist or physical therapist assistant.
(h) Conviction of a violation of any of the provisions of this
chapter or of the Medical Practice Act, or violating, or attempting
to violate, directly or indirectly, or assisting in or abetting the
violating of, or conspiring to violate any provision or term of this
chapter or of the Medical Practice Act.
(i) The aiding or abetting of any person to violate this chapter
or any regulations duly adopted under this chapter.
(j) The aiding or abetting of any person to engage in the unlawful
practice of physical therapy.
(k) The commission of any fraudulent, dishonest, or corrupt act
that is substantially related to the qualifications, functions, or
duties of a physical therapist or physical therapist assistant.
( l ) Except for good cause, the knowing failure to
protect patients by failing to follow infection control guidelines of
the board, thereby risking transmission of blood-borne infectious
diseases from licensee to patient, from patient to patient, and from
patient to licensee. In administering this subdivision, the board
shall consider referencing the standards, regulations, and guidelines
of the State Department of Public Health developed pursuant to
Section 1250.11 of the Health and Safety Code and the standards,
regulations, and guidelines pursuant to the California Occupational
Safety and Health Act of 1973 (Part 1 (commencing with Section 6300)
of Division 5 of the Labor Code) for preventing the transmission of
HIV, hepatitis B, and other blood-borne pathogens in health care
settings. As necessary, the board shall consult with the Medical
Board of California, the California Board of Podiatric Medicine, the
Dental Board of California, the Board of Registered Nursing, and the
Board of Vocational Nursing and Psychiatric Technicians of the State
of California, to encourage appropriate consistency in the
implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the
responsibility of licensees and others to follow infection control
guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.
(m) The commission of verbal abuse or sexual harassment.
(n) Failure to comply with the provisions of Section 2620.1.
SEC. 4. 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.