Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 182-S.F.No. 243 
           An act relating to health; providing for physical 
          therapy evaluation and referral; prohibiting certain 
          practices by physical therapists; amending Minnesota 
          Statutes 1984, sections 148.65, subdivision 1; 148.75; 
          and 148.76. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 148.65, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PHYSICAL THERAPY.] As used in sections 
148.65 to 148.78 the term "physical therapy" means the 
evaluation or treatment or both of any person by the employment 
of physical measures and the use of therapeutic exercises and 
rehabilitative procedures, with or without assistive devices, 
for the purpose of preventing, correcting, or alleviating a 
physical or mental disability.  Physical measures shall include 
but shall not be limited to heat or cold, air, light, water, 
electricity and sound.  Physical therapy includes evaluation 
other than medical diagnosis, treatment planning and, treatment, 
documentation, performance of appropriate tests and measurement, 
interpretation of orders from physicians or referrals, 
instruction, consultative services, and supervision of 
supportive personnel.  "Physical therapy" does not include the 
practice of medicine as defined in section 147.10, or the 
practice of chiropractic as defined in section 148.01.  
    Sec. 2.  Minnesota Statutes 1984, section 148.75, is 
amended to read: 
    148.75 [CERTIFICATES; DENIAL, SUSPENSION, REVOCATION.] 
    The state board of medical examiners may refuse to grant 
registration to any physical therapist, or may suspend or revoke 
the registration of any physical therapist for any of the 
following grounds:  
    (a) Practicing as a physical therapist other than upon the 
order and direction of a physician licensed in this state to 
practice medicine; 
    (b) Using drugs or intoxicating liquors to an extent which 
affects professional competence; 
    (c) (b) Been convicted of a felony; 
    (d) (c) Conviction for violating any state or federal 
narcotic law;  
    (e) (d) Procuring, aiding or abetting a criminal abortion; 
    (f) (e) Registration or attempted registration by fraud or 
deception;  
    (g) (f) Conduct unbecoming a person registered as a 
physical therapist or conduct detrimental to the best interests 
of the public;  
    (h) (g) Gross negligence in the practice of physical 
therapy as a physical therapist;  
    (i) (h) Treating human ailments by physical therapy 
treatment except by the order or referral of a person licensed 
in this state to practice medicine 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 Medical Examiners rule; 
    (j) (i) Treating human ailments other than by physical 
therapy unless duly licensed or registered to do so under the 
laws of this state;  
    (k) (j) Inappropriate delegation to a physical therapist 
assistant or inappropriate task assignment to an aide or 
inadequate supervision of either level of supportive personnel; 
and 
    (l) (k) Treating human ailments other than by performing 
physical therapy procedures unless duly licensed or registered 
to do so under the laws of this state;  
    (l) Practicing as a physical therapist performing medical 
diagnosis, the practice of medicine as defined in section 
147.10, or the practice of chiropractic as defined in section 
148.01;  
    (m) Failure to comply with a reasonable request to obtain 
appropriate clearance for mental or physical conditions which 
would interfere with the ability to practice physical therapy, 
and which may be potentially harmful to patients; and 
    (n) Dividing fees with, or paying or promising to pay a 
commission or part of his or her fee to, any person who contacts 
the physical therapist for consultation or sends patients to the 
physical therapist for treatment. 
    A certificate of registration to practice as a physical 
therapist is suspended if (1) a guardian of the person of the 
physical therapist is appointed by order of a probate court 
pursuant to sections 525.54 to 525.612, for reasons other than 
the minority of the physical therapist; or (2) the physical 
therapist is committed by order of a probate court pursuant to 
253B or sections 526.09 to 526.11.  The certificate of 
registration 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 
medical examiners after a hearing.  
    Sec. 3.  Minnesota Statutes 1984, section 148.76, is 
amended to read: 
    148.76 [PROHIBITED CONDUCT.] 
    Subdivision 1.  No person shall 
    (a) Use the title of physical therapist without a 
certificate of registration as a physical therapist issued to 
him pursuant to the provisions of sections 148.65 to 148.78;  
    (b) In any manner represent himself as a physical 
therapist, or use in connection with his name the words or 
letters Physical Therapist, Physiotherapist, Physical Therapy 
Technician, Registered Physical Therapist, Licensed Physical 
Therapist, P.T., P.T.T., R.P.T., L.P.T., or any letters, words, 
abbreviations or insignia indicating or implying that he is a 
physical therapist, without a certificate of registration as a 
physical therapist issued to him pursuant to the provisions of 
sections 148.65 to 148.78.  To do so is a gross misdemeanor;  
    (c) Employ fraud or deception in applying for or securing a 
certificate of registration as a physical therapist.  
    Nothing contained in sections 148.65 to 148.78 shall 
prohibit any person licensed or registered in this state under 
another law from carrying out the therapy or practice for which 
he is duly licensed or registered. 
    Subd. 2.  No physical therapist shall 
    (a) Treat human ailments by physical therapy treatment 
except by the order and direction or referral of a person 
licensed in this state to practice medicine 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 Medical Examiners 
rule; 
    (b) Treat human ailments other than by physical therapy 
unless duly licensed or registered to do so under the laws of 
this state. 
    Approved May 23, 1985