1997 Minnesota Statutes

     148.75 Certificates; denial, suspension, revocation. 

    The state board of medical practice 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) using drugs or intoxicating liquors to an extent which 
 affects professional competence; 

    (b) been convicted of a felony; 

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

    (d) procuring, aiding or abetting a criminal abortion; 

    (e) registration or attempted registration by fraud or 
 deception; 

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

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

    (h) 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 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, 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 
 medical practice rule; 

    (i) 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; 

    (j) failure 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 
 specifying orders to "evaluate and treat"; 

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

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

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

    (n) 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; 

    (o) 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; 

    (p) 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; 

    (q) engaging in an incentive payment arrangement, other 
 than that prohibited by clause (p), that tends to promote 
 physical therapy overutilization, whereby the referring person 
 or person who controls the availability of physical therapy 
 services to a client profits unreasonably as a result of patient 
 treatment; 

    (r) practicing physical therapy and failing to refer to a 
 licensed health care professional any 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 

    (s) failure to report to the board other registered 
 physical therapists who violate this section. 

    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 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 
 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 practice 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