2000 Minnesota Statutes

     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) 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; 

    (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; 

    (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"; 

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

    (11) inappropriate delegation to a physical therapist 
 assistant or inappropriate task assignment to an aide or 
 inadequate supervision of either level of supportive personnel; 

    (12) 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; 

    (13) 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; 

    (14) 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; 

    (15) engaging in an incentive payment arrangement, other 
 than that prohibited by clause (14), 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; 

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

    (17) failing to report to the board other licensed physical 
 therapists who violate this section. 

    (b) A license 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 court pursuant to sections 
 525.54 to 525.61, 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.  

    HIST: 1951 c 479 s 11; 1967 c 119 s 1; 1969 c 6 s 27; 1969 c 
 927 s 7; 1974 c 61 s 1; 1974 c 406 s 23; 1980 c 412 s 9; 1982 c 
 581 s 24; 1985 c 182 s 2; 1986 c 444; 1987 c 384 art 2 s 1; 1988 
 c 549 s 4; 1991 c 106 s 6; 1991 c 199 art 2 s 1; 1Sp1994 c 1 art 
 2 s 11; 1999 c 245 art 9 s 60