HF 3345

as introduced - 91st Legislature (2019 - 2020) Posted on 03/02/2020 04:23pm

A bill for an act
relating to health occupations; modifying grounds for disciplinary action and
prohibited conduct for physical therapists; amending Minnesota Statutes 2018,
sections 148.75; 148.76, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 148.75, is amended to read:

148.75 DISCIPLINARY ACTION.

(a) The board may impose disciplinary action specified in paragraph (b) against an
applicant or licensee whom the board, by a preponderance of the evidence, determines:

(1) has violated a statute, rule, order, or agreement for corrective action that the board
issued or is otherwise authorized or empowered to enforce;

(2) is unable to practice physical therapy with reasonable skill and safety by reason of
any mental or physical illness or condition, including deterioration through the aging process
or loss of motor skills, or use of alcohol, drugs, narcotics, chemicals, or any other type of
material;

(3) has been convicted of or has pled guilty or nolo contendere to a felony or other crime,
an element of which is dishonesty or fraud, or has been shown to have engaged in acts or
practices tending to show that the applicant or licensee is incompetent or has engaged in
conduct reflecting adversely on the applicant's or licensee's ability or fitness to engage in
the practice of physical therapy;

(4) has been convicted of violating any state or federal narcotic law;

(5) has obtained or attempted to obtain a license or approval of continuing education
activities, or passed an examination, by fraud or deception;

(6) has engaged in unprofessional conduct or any other conduct which has the potential
for causing harm to the public, including any departure from or failure to conform to the
minimum standards of acceptable and prevailing practice without actual injury having to
be established;

(7) has engaged in gross negligence in the practice of physical therapy as a physical
therapist;

deleted text begin (8) has treated human ailments by physical therapy after an initial 90-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, or the practice of advance
practice nursing as defined in section 148.171, subdivision 3, when orders or referrals are
made in and whose license is 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. The 90-day limitation of treatment by a physical
therapist without an order or referral does not apply to prevention, wellness, education, or
exercise;
deleted text end

deleted text begin (9) for a physical therapist licensed less than one year, has treated human ailments,
without referral, by physical therapy treatment without first having practiced one year in
collaboration with a physical therapist with more than one year of experience or under a
physician's orders or referrals as verified by the board's records;
deleted text end

deleted text begin (10) deleted text end new text begin (8) new text end has failed to consult with the patient's licensed health care provider, or licensed
health care professional, 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 begin (11) deleted text end new text begin (9) new text end has inappropriately delegated to a physical therapist assistant or inappropriately
assigned tasks to an aide, or inadequately supervised 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 (10) new text end has practiced 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 (11) new text end has failed 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 (12) new text end has divided 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 (13) new text end has engaged in an incentive payment arrangement, other than that prohibited
by clause deleted text begin (14) deleted text end new text begin (12) 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 (14) new text end has failed to refer to a licensed health care professional a patient whose medical
condition 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 (15) new text end has failed to report to the board other licensees who violate this section;

deleted text begin (18) deleted text end new text begin (16) new text end has engaged in the practice of physical therapy under lapsed or nonrenewed
credentials;

deleted text begin (19) deleted text end new text begin (17) new text end has had a license, certificate, charter, registration, privilege to take an
examination, or other similar authority denied, revoked, suspended, canceled, limited,
reprimanded, or otherwise disciplined, or not renewed for cause in any jurisdiction; or has
surrendered or voluntarily terminated a license or certificate during a board investigation
of a complaint, as part of a disciplinary order, or while under a disciplinary order;

deleted text begin (20) deleted text end new text begin (18) new text end has been subject to a corrective action or similar action in another jurisdiction
or by another regulatory authority; or

deleted text begin (21) deleted text end new text begin (19) new text end has failed to cooperate with an investigation of the board, including responding
fully and promptly to any question raised by or on behalf of the board relating to the subject
of the investigation, executing all releases requested by the board, providing copies of patient
records, as reasonably requested by the board to assist it in its investigation, and appearing
at conferences or hearings scheduled by the board or its staff.

(b) If grounds for disciplinary action exist under paragraph (a), the board may take one
or more of the following actions:

(1) deny the application for licensure;

(2) deny the renewal of the license;

(3) revoke the license;

(4) suspend the license;

(5) impose limitations or conditions on the licensee's practice of physical therapy,
including the: (i) limitation of scope of practice to designated field specialties; (ii) imposition
of retraining or rehabilitation requirements; (iii) requirement of practice under supervision;
or (iv) conditioning of continued practice on demonstration of knowledge or skills by
appropriate examination, monitoring, or other review of skill and competence;

(6) impose a civil penalty not to exceed $10,000 for each separate violation, the amount
of the civil penalty to be fixed so as to deprive the physical therapist of any economic
advantage gained by reason of the violation charged, to discourage similar violations, or to
reimburse the board for the cost of the investigation and proceeding including, but not
limited to, fees paid for services provided by the Office of Administrative Hearings, legal
and investigative services provided by the Office of the Attorney General, court reporters,
witnesses, reproduction of records, board members' per diem compensation, board staff
time, and travel costs and expenses incurred by board staff and board members;

(7) order the licensee to provide unremunerated service;

(8) censure or reprimand the licensee; or

(9) any other action as allowed by law and justified by the facts of the case.

(c) A license to practice as a physical therapist or physical therapist assistant is
automatically suspended if (1) a guardian of the licensee 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
licensee; or (2) the licensee is committed by order of a court pursuant to chapter 253B. The
license remains suspended until the licensee is restored to capacity by a court and, upon
petition by the licensee, the suspension is terminated by the Board of Physical Therapy after
a hearing.

Sec. 2.

Minnesota Statutes 2018, section 148.76, subdivision 2, is amended to read:

Subd. 2.

Prohibitions.

deleted text begin (a) deleted text end No physical therapist may:

deleted text begin (1) treat human ailments by physical therapy after an initial 90-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.
The 90-day limitation of treatment by a physical therapist without an order or referral does
not apply to prevention, wellness, education, or exercise;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end use any chiropractic manipulative technique whose end is the chiropractic
adjustment of an abnormal articulation of the body; deleted text begin and deleted text end new text begin or
new text end

deleted text begin (3) 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.

deleted text begin (b) No physical therapist licensed less than one year may treat human ailments, without
referral, by physical therapy treatment without first having practiced one year in collaboration
with a physical therapist with more than one year of experience or under a physician's orders
or referrals as verified by the board's records.
deleted text end