HB1195113th GA (Historical)Introduced

Amends TCA Title 63.

This bill make changes to the practice of physical therapy as described below.<br /> <br /> Present law generally requires the scope of practice of physical therapy to be under the written or oral referral of a licensed doctor of the following:<br /> <br /> (1) Medicine;<br /> <br /> (2) Chiropractic;<br /> <br /> (3) Dentistry;<br /> <br /> (4) Podiatry; or<br /> <br /> (5) Osteopathy.<br /> <br /> This bill adds to the above list a nurse practitioner or physician assistant as long as the service is rendered under the supervision, control, and responsibility of a licensed physician.<br /> <br /> However, present law authorizes a licensed physical therapist to do the following without the written or oral referral of a licensed doctor:<br /> <br /> (1) Conduct an initial patient visit without referral;<br /> <br /> (2) Provide physical assessments or instructions, including a recommendation of exercise to an asymptomatic person;<br /> <br /> (3) In emergency circumstances, including minor emergencies, provide assistance to a person to the best of a physical therapist's ability as long as the physical therapist refers the person to the appropriate healthcare practitioner immediately after providing assistance; and<br /> <br /> (4) Treat a patient, within the scope of practice of physical therapy, when the following conditions are met:<br /> <br /> (A) The patient's physician has been notified;<br /> <br /> (B) If the physical therapist determines, based on clinical evidence, that no progress has been made with respect to that patient's condition within 30 days, immediately following the date of the patient's initial visit with the physical therapist, then the physical therapist must not provide additional physical therapy services and must refer the patient to a healthcare practitioner who qualifies as a referring practitioner;<br /> <br /> (C) Physical therapy services must not continue beyond 90 days without consulting with the patient's appropriate healthcare practitioner;<br /> <br /> (D) If the patient was previously diagnosed by a licensed physician with chronic, neuromuscular, or developmental conditions, and the evaluation, treatment, or services are being provided for problems or symptoms associated with one or more of those previously diagnosed conditions, then (4)(B) and (4)(C) do not apply; and<br /> <br /> (E) A physical therapist must refer patients under the physical therapist's care to appropriate healthcare practitioners, if, at any time, the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice of a physical therapist, reasonable therapeutic progress is not being achieved for the patient, or physical therapy treatment is contraindicated.<br /> <br /> Present law further provides that it is considered unprofessional conduct, for the purposes of denial, suspension, or revocation of licenses, for a physical therapist to knowingly initiate services to a patient in violation of (4) above.<br /> <br /> This bill clarifies that "notified" for purposes of (4)(A) means to give notice to or inform a patient's physician when a licensed physical therapist treats a patient without a referral from an authorized practitioner.<br /> <br /> Present law prohibits a person from practicing physical therapy, other than upon the referral of a patient by a referring practitioner who is a licensed doctor of medicine, chiropractic, dentistry, podiatry, or osteopathy, unless the person:<br /> <br /> (1) Holds a doctorate degree from a professional physical therapy program that is accredited by a national accreditation agency recognized by the United States department of education and by the board; or<br /> <br /> (2) Has completed at least three years of experience as a licensed physical therapist; and a professional physical therapy program of at least 15 credit hours that is approved by the board; offered by an institution of higher education that is accredited by a national accreditation agency recognized by the U.S. department of education; and designed to enable a physical therapist to recognize conditions that require timely referral to an appropriate healthcare practitioner who qualifies as a referring practitioner.<br /> <br /> This bill removes these requirements.<br />

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Overview

This bill make changes to the practice of physical therapy as described below.<br /> <br /> Present law generally requires the scope of practice of physical therapy to be under the written or oral referral of a licensed doctor of the following:<br /> <br /> (1) Medicine;<br /> <br /> (2) Chiropractic;<br /> <br /> (3) Dentistry;<br /> <br /> (4) Podiatry; or<br /> <br /> (5) Osteopathy.<br /> <br /> This bill adds to the above list a nurse practitioner or physician assistant as long as the service is rendered under the supervision, control, and responsibility of a licensed physician.<br /> <br /> However, present law authorizes a licensed physical therapist to do the following without the written or oral referral of a licensed doctor:<br /> <br /> (1) Conduct an initial patient visit without referral;<br /> <br /> (2) Provide physical assessments or instructions, including a recommendation of exercise to an asymptomatic person;<br /> <br /> (3) In emergency circumstances, including minor emergencies, provide assistance to a person to the best of a physical therapist's ability as long as the physical therapist refers the person to the appropriate healthcare practitioner immediately after providing assistance; and<br /> <br /> (4) Treat a patient, within the scope of practice of physical therapy, when the following conditions are met:<br /> <br /> (A) The patient's physician has been notified;<br /> <br /> (B) If the physical therapist determines, based on clinical evidence, that no progress has been made with respect to that patient's condition within 30 days, immediately following the date of the patient's initial visit with the physical therapist, then the physical therapist must not provide additional physical therapy services and must refer the patient to a healthcare practitioner who qualifies as a referring practitioner;<br /> <br /> (C) Physical therapy services must not continue beyond 90 days without consulting with the patient's appropriate healthcare practitioner;<br /> <br /> (D) If the patient was previously diagnosed by a licensed physician with chronic, neuromuscular, or developmental conditions, and the evaluation, treatment, or services are being provided for problems or symptoms associated with one or more of those previously diagnosed conditions, then (4)(B) and (4)(C) do not apply; and<br /> <br /> (E) A physical therapist must refer patients under the physical therapist's care to appropriate healthcare practitioners, if, at any time, the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice of a physical therapist, reasonable therapeutic progress is not being achieved for the patient, or physical therapy treatment is contraindicated.<br /> <br /> Present law further provides that it is considered unprofessional conduct, for the purposes of denial, suspension, or revocation of licenses, for a physical therapist to knowingly initiate services to a patient in violation of (4) above.<br /> <br /> This bill clarifies that "notified" for purposes of (4)(A) means to give notice to or inform a patient's physician when a licensed physical therapist treats a patient without a referral from an authorized practitioner.<br /> <br /> Present law prohibits a person from practicing physical therapy, other than upon the referral of a patient by a referring practitioner who is a licensed doctor of medicine, chiropractic, dentistry, podiatry, or osteopathy, unless the person:<br /> <br /> (1) Holds a doctorate degree from a professional physical therapy program that is accredited by a national accreditation agency recognized by the United States department of education and by the board; or<br /> <br /> (2) Has completed at least three years of experience as a licensed physical therapist; and a professional physical therapy program of at least 15 credit hours that is approved by the board; offered by an institution of higher education that is accredited by a national accreditation agency recognized by the U.S. department of education; and designed to enable a physical therapist to recognize conditions that require timely referral to an appropriate healthcare practitioner who qualifies as a referring practitioner.<br /> <br /> This bill removes these requirements.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2023

Subjects
48033040

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HB1195: Amends TCA Title 63. | LegisGo