HF 854

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health occupations; adding a definition for licensed health care
professional; modifying licensing provisions for physical therapy; amending
Minnesota Statutes 2004, sections 148.65, by adding a subdivision; 148.76,
subdivision 2; Minnesota Statutes 2005 Supplement, section 148.75; repealing
Minnesota Rules, parts 5601.0100, subparts 5, 6, 7, 8; 5601.1200; 5601.1800;
5601.1900; 5601.2000.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 148.65, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Licensed health care professional. new text end

new text begin "Licensed health care professional"
means a person licensed in good standing in Minnesota to practice medicine, osteopathy,
chiropractic, podiatry, dentistry, or advanced practice nursing.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 148.75, is amended to read:

148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION.

(a) The state Board of Physical Therapy may refuse to grant a license to any physical
therapist, or may suspend or revoke the license of any physical therapist for any of the
following grounds:

(1) using drugs or intoxicating liquors to an extent which affects professional
competence;

(2) conviction of a felony;

(3) conviction for violating any state or federal narcotic law;

(4) obtaining a license or attempting to obtain a license by fraud or deception;

(5) conduct unbecoming a person licensed as a physical therapist or conduct
detrimental to the best interests of the public;

(6) gross negligence in the practice of physical therapy as a physical therapist;

(7) deleted text begin treating human ailments by physical therapy after an initial 30-day period of
patient admittance to treatment has lapsed, except by the order or referral of a person
licensed in this state in the practice of medicine as defined in section 147.081, the practice
of chiropractic as defined in section 148.01, the practice of podiatry as defined in section
153.01, or the practice of dentistry as defined in section 150A.05 and whose license is
in good standing; or when a previous diagnosis exists indicating an ongoing condition
warranting physical therapy treatment, subject to periodic review defined by board of
physical therapy rule;
deleted text end

deleted text begin (8) treating human ailments, without referral, by physical therapy treatment without
first having practiced one year under a physician's orders as verified by the board's records;
deleted text end

deleted text begin (9) failing to consult with the patient's health care provider who prescribed the
physical therapy treatment if the treatment is altered by the physical therapist from the
original written order. The provision does not include written orders to "evaluate and
treat";
deleted text end

deleted text begin (10) deleted text end treating human ailments other than by physical therapy unless duly licensed or
registered to do so under the laws of this state;

deleted text begin (11) deleted text end new text begin (8) new text end inappropriate delegation to a physical therapist assistant or inappropriate
task assignment to an aide or inadequate supervision of a student physical therapist,
physical therapist assistant, student physical therapist assistant, or a physical therapy aide;

deleted text begin (12) deleted text end new text begin (9) new text end practicing as a physical therapist performing medical diagnosis, the practice
of medicine as defined in section 147.081, or the practice of chiropractic as defined
in section 148.01;

deleted text begin (13) deleted text end new text begin (10) new text end failing to comply with a reasonable request to obtain appropriate clearance
for mental or physical conditions that would interfere with the ability to practice physical
therapy, and that may be potentially harmful to patients;

deleted text begin (14) deleted text end new text begin (11) new text end dividing fees with, or paying or promising to pay a commission or part
of the fee to, any person who contacts the physical therapist for consultation or sends
patients to the physical therapist for treatment;

deleted text begin (15) deleted text end new text begin (12) new text end engaging in an incentive payment arrangement, other than that prohibited
by clause deleted text begin (14) deleted text end new text begin (11) new text end , that tends to promote physical therapy overuse, that allows the
referring person or person who controls the availability of physical therapy services to a
client to profit unreasonably as a result of patient treatment;

deleted text begin (16) deleted text end new text begin (13) new text end practicing physical therapy and failing to refer to a licensed health care
professional a patient whose medical condition deleted text begin at the time of evaluation deleted text end has been
determined by the physical therapist to be beyond the scope of practice of a physical
therapist;

deleted text begin (17) deleted text end new text begin (14) new text end failing to report to the board other licensed physical therapists who violate
this section; and

deleted text begin (18) deleted text end new text begin (15) new text end practice of physical therapy under lapsed or nonrenewed credentials.

(b) A license to practice as a physical therapist is suspended if (1) a guardian of
the physical therapist is appointed by order of a court pursuant to sections 524.5-101
to 524.5-502, for reasons other than the minority of the physical therapist; or (2) the
physical therapist is committed by order of a court pursuant to chapter 253B. The license
remains suspended until the physical therapist is restored to capacity by a court and, upon
petition by the physical therapist, the suspension is terminated by the Board of Physical
Therapy after a hearing.

new text begin (c) No physical therapist shall be subject to disciplinary action by the state Board
of Physical Therapy for a patient's refusal to comply with a referral, as required under
paragraph (a), clause (13), when the referral is documented in the physical therapy record.
new text end

Sec. 3.

Minnesota Statutes 2004, section 148.76, subdivision 2, is amended to read:

Subd. 2.

Prohibitions.

No physical therapist may:

(1) deleted text begin treat human ailments by physical therapy after an initial 30-day period of patient
admittance to treatment has lapsed, except by the order or referral of a person licensed in
this state to practice medicine as defined in section 147.081, the practice of chiropractic
as defined in section 148.01, the practice of podiatry as defined in section 153.01, the
practice of dentistry as defined in section 150A.05, or the practice of advanced practice
nursing as defined in section 62A.15, subdivision 3a, when orders or referrals are made in
collaboration with a physician, chiropractor, podiatrist, or dentist, and whose license is
in good standing; or when a previous diagnosis exists indicating an ongoing condition
warranting physical therapy treatment, subject to periodic review defined by Board
of Physical Therapy rule; deleted text end

deleted text begin (2) treat human ailments by physical therapy treatment without first having practiced
one year under a physician's orders as verified by the board's records;
deleted text end

deleted text begin (3) deleted text end use any chiropractic manipulative technique whose end is the chiropractic
adjustment of an abnormal articulation of the body; and

deleted text begin (4) deleted text end new text begin (2) new text end treat human ailments other than by physical therapy unless duly licensed or
registered to do so under the laws of this state.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 5601.0100, subparts 5, 6, 7, and 8; 5601.1200; 5601.1800;
5601.1900; and 5601.2000, new text end new text begin are repealed.
new text end