S.F. No. 0054

Physical therapist licensure.

 

Sponsored By:     Senator(s) Massie and Scott and Representative(s) Hammons and Stubson

 

AN ACT relating to physical therapists; providing for criminal background checks of physical therapist applicants; amending the physical therapist practice act; providing exemptions to licensing requirements; amending qualifications for board membership and board powers as specified; amending application requirements for physical therapists, physical therapist assistants and foreign trained applicants; providing for licensure or certification by endorsement; amending the types of discipline and grounds for discipline as specified; amending permissible practices of specified physical therapists; providing civil immunity for board members and board investigations as specified; revising and providing definitions; authorizing injunctive relief; granting rulemaking authority; repealing obsolete provisions; and providing for an effective date.

 

12/30/2008  Bill Number Assigned

1/13/2009   S Received for Introduction

1/14/2009   S Introduced and Referred to S10

1/26/2009   S10 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Senator(s) Hastert, Hunnicutt, Landen, Schiffer and Scott

Ayes 5    Nays 0    Excused 0    Absent 0    Conflicts 0

 

1/26/2009   S Placed on General File

 

SF0054SS001/ADOPTED

Page 2-line 10          After "person" delete balance of line and insert "violating W.S. 33-25-102(a)".

Page 2-line 11          Delete.

Page 2-line 12          Delete "certificate".

Page 3-line 1           Delete "(ii),".

Page 3-line 2           Delete "(x)" insert "(xi)".

Page 3-line 3           Delete "(xi)" insert "(xii)".

Page 4-lines 20-24      Delete and insert:

"(i)  "Physical therapy" or "physiotherapy" means the evaluation, instruction or treatment of a human being to prevent, correct, alleviate or limit physical disability due to injury, disease or any other physical or mental condition by the utilization of physical measures such as exercise, massage, heat, cold, air, light, water, electricity or sound, and rehabilitative procedures including training in functional activities and the performance and interpretation of tests and measurements of bodily functions as an aid in the examination, evaluation or treatment of any human conditions for the purpose of correcting or alleviating an individual's physical or mental disability. Physical therapy also includes the supervision of physical therapy activities, physical therapy consultation and the establishment and modification of physical therapy programs, but physical therapy shall not include radiology or electro-surgery or authorize the diagnosis of disease. Treatment by physical therapy shall be rendered subject to W.S. 33-25-102; the care and services provided by or under the direction and supervision of a physical therapist or physiotherapist who is licensed pursuant to this act.  The practice of physical therapy includes:".

Page 5-lines 1 through 16     Delete.

Page 6-line 14          After "therapy" insert ", which includes mobilization and manipulation of joints and soft tissue".

Page 8-line 18          Delete "by" insert "using".

Page 8-line 20          After "or" insert "other".

Page 9–line 6           Delete "therapy" insert "therapist".

Page 9-after line 15    Insert and renumber:

"(xi)  "Physical therapy diagnosis" means a systematic examination process that culminates in assigning a diagnostic label identifying the primary dysfunction towards which physical therapy treatment will be directed;".

Page 9-line 17          Delete "(xi)" insert "(xii)".

Page 10-line 1          Reinsert stricken "services".

Page 11-line 16         After "dentist," insert "chiropractor,".

Page 12-line 17         After "telecommunication" insert ";" and delete balance of line.

Page 12-line 18         Delete.

Page 15-line 4          After "be" insert "a"; strike "physicians" insert "physician".

Page 15-line 14         Strike "staggered so the term of".

Page 15-line 15         Strike "one (1)"; delete "member"; strike "expires each year"; delete ",".

Page 15-line 24         Delete "8-1-103(a)(ix) and".

Page 17-line 11         After "assistants" insert ", including continuing education requirements that ensure that licensees' knowledge and abilities reflect current practices and technology".

Page 28-line 8          Delete "(F)" insert "(E)".

Page 29-line 4          Before "Uses" insert "Unlawfully".

Page 31-line 1          Delete "(xv)" insert "(xvi)".

Page 31-lines 5 through 7     Delete and renumber.

Page 35-line 2          Delete "33-25-102(a)(iv) and (c)" insert "33-25-102(c)".

Page 35-line 3          Delete "35-25-106(b)" insert "33-25-106(b)"; after "(d)" delete "," insert "and".

Page 35-line 4          Delete through "(c)".

To the extent required by this amendment, renumber as necessary.  SCOTT, CHAIRMAN

 

1/27/2009   S Passed CoW

 

SF0054S2001/FAILED

Page 3–line 1           Delete the Senate Standing Committee Amendment (SF0054SS001/A) to this line.

Page 3–line 2           Delete the Senate Standing Committee Amendment (SF0054SS001/A) to this line.

Page 3–line 3           Delete the Senate Standing Committee Amendment (SF0054SS001/A) to this line.

Page 5–line 22          Delete "diagnosis, prognosis or".

Page 6–line 14          Delete including the Senate Standing Committee Amendment (SF0054SS001/A) to this line and renumber.

Page 6–line 16          Delete "(V)" insert "(IV)".

Page 6–line 18          Delete "(VI)" insert "(V)".

Page 6–line 22          Delete "(VII)" insert "(VI)".

Page 7–line 1           Delete "(VIII)" insert "(VII)".

Page 7–line 4           Delete "(IX)" insert "(VIII)".

Page 7–line 6           Delete "(X)" insert "(IX)".

Page 7–line 9           Delete "(XI)" insert "(X)".

Page 7–line 11          Delete "(XII)" insert "(XI)".

Page 9–after line 15    Delete the Senate Standing Committee Amendment (SF0054SS001/A) to this line and renumber.

Page 9–line 17          Delete the Senate Standing Committee Amendment (SF0054SS001/A) to this line.  ROSS, BEBOUT, PERKINS

 

SF0054S2002/ADOPTED

Page 6-line 14          In the Senate Standing Committee Amendment (SF0054SS001/A) to this line, after "tissue" insert "but does not include subluxations".  MEIER

 

1/28/2009   S Passed 2nd Reading

 

SF0054S3001/FAILED      (CORRECTED COPY)

Page 35-line 2          Delete the Senate Standing Committee Amendment (SF0054SS001/A) to this line and further amend as follows:  After "W.S." delete balance of 8line.  MEIER

 

1/29/2009   S Passed 3rd Reading

 

ROLL CALL

Ayes:  Senator(s) Anderson, J., Burns, Case, Cooper, Decaria, Dockstader, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Johnson, Landen, Larson, Martin, Massie, Nicholas, Schiffer, Scott, Sessions, Vasey and Von Flatern

Nays:  Senator(s) Bebout, Coe, Jennings, Meier, Perkins, Peterson, Ross and Townsend

Ayes 22    Nays 8    Excused 0    Absent 0    Conflicts 0

 

2/2/2009    H Received for Introduction

2/10/2009   H Introduced and Referred to H10

2/17/2009   H10 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Bonner, Esquibel, K., Goggles, Harvey, Landon, Millin and Shepperson

Nays:  Representative(s) Davison and Hallinan

Ayes 7    Nays 2    Excused 0    Absent 0    Conflicts 0

 

2/17/2009   H Placed on General File

 

SF0054HS001/ADOPTED  (CORRECTED COPY)  (TO ENGROSSED COPY)

Page 1-line 10          After ";" insert "amending permissible practices of specified physical therapists;".

Page 3-line 2           After "(b)," insert "(c)(intro),".

Page 5-line 18          Delete "individuals" insert "persons".

Page 6-line 15          Before "manipulation" insert "grades I through IV"

Page 6-line 16          Delete "subluxations" insert "grade V manipulations without completion of advanced training requirements as determined by the board".

Page 9-line 22          After "directed" insert ", but shall not include a medical diagnosis or a diagnosis of disease".

Page 11-After line 9    Insert:

"(c)  Except as provided in this subsection, a physical therapist with a master's degree, or a bachelor's degree with five (5) years of clinical experience may initiate physical therapy treatment for a new or recurring injury with or without a prescription from a licensed physician including doctor of osteopathy, podiatrist, advanced practitioner of nursing, dentist, chiropractor or physician assistant.  Nothing in this subsection shall be construed to preclude a physical therapist from treating a chronic or recurring injury or condition without a prescription, provided that the patient or client was previously diagnosed and prescribed physical therapy treatment within the previous year by a health care provider identified in this subsection and the treatment is directly related to the original prescribed care. Without a prescription Except in an emergency, a physical therapist, without a prescription, is prohibited from initiating physical therapy treatment for children under the age of twelve (12) years, unless the child is to receive physical therapy treatment under an individualized education program or an individualized family services plan.  A physical therapist shall refer the patient or client to a licensed physician including doctor of osteopathy, podiatrist, advanced practitioner of nursing, dentist, chiropractor or physician assistant, as appropriate, when:

Page 35-line 7          Delete "33-25-102(c),".  LANDON, CHAIRMAN

 

2/25/2009   H Passed CoW

2/26/2009   H Passed 2nd Reading

2/27/2009   H Passed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Excused:  Representative(s) Harshman and Miller

Ayes 58    Nays 0    Excused 2    Absent 0    Conflicts 0

 

2/27/2009   S Received for Concurrence

3/2/2009    S Did Concur

 

ROLL CALL

Ayes:  Senator(s) Anderson, J., Burns, Case, Coe, Cooper, Decaria, Dockstader, Esquibel, F., Hastert, Hines, Hunnicutt, Johnson, Landen, Larson, Martin, Massie, Nicholas, Perkins, Peterson, Scott, Sessions, Vasey and Von Flatern

Nays:  Senator(s) Bebout, Geis, Jennings, Meier, Ross, Schiffer and Townsend

Ayes 23    Nays 7    Excused 0    Absent 0    Conflicts 0

 

3/2/2009    Assigned Number SEA No. 0058

3/2/2009    S President Signed SEA No. 0058

3/3/2009    H Speaker Signed SEA No. 0058

3/4/2009    Governor Signed SEA No. 0058

3/4/2009    Assigned Chapter Number

 

Chapter No. 0134  Session Laws of Wyoming 2009.