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S1086.................................................by HEALTH AND WELFARE
PHYSICAL THERAPISTS - LICENSURE - Repeals and adds to existing law to
provide a comprehensive scheme of examination and licensure of physical
therapists by the Idaho State Board of Medicine with the advice of a
physical therapy advisory committee.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Health/Wel
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, Lee, Lodge, Noh,
Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Davis, King-Barrutia
Floor Sponsor -- Ipsen
Title apvd - to House
02/27 House intro - 1st rdg - to Health/Wel
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 64-0-6
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley,
McKague, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Wheeler,
Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Deal, Gagner, Jones, Meyer, Roberts, Trail
Floor Sponsor -- Moss
Title apvd - to Senate
03/16 To enrol
03/19 Rpt enrol - Pres signed
03/20 Sp signed
03/21 To Governor
03/26 Governor signed
Session Law Chapter 197
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1086
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE PRACTICE OF PHYSICAL THERAPY; REPEALING CHAPTER 22, TITLE 54,
3 IDAHO CODE; AMENDING TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW CHAP-
4 TER 22, TITLE 54, IDAHO CODE, TO GOVERN THE PRACTICE OF PHYSICAL THERAPY
5 IN IDAHO BY PROVIDING A SHORT TITLE, PROVIDING A DECLARATION OF POLICY,
6 DEFINING TERMS, SPECIFYING EXEMPTIONS FROM THE CHAPTER, CREATING A PHYSI-
7 CAL THERAPY ADVISORY COMMITTEE, PROVIDING FOR AN APPLICATION FOR LICENSURE
8 AND EXAMINATION AND PROVIDING FOR FEES, PROVIDING FOR DENIAL OF APPLICA-
9 TION, PROVIDING FOR EXAMINATIONS, PROVIDING QUALIFICATIONS FOR LICENSURE,
10 PROVIDING FOR LICENSURE BY ENDORSEMENT, PROVIDING FOR LICENSURE OF
11 FOREIGN-EDUCATED PHYSICAL THERAPISTS, PROVIDING EXEMPTIONS FROM THE PROVI-
12 SIONS OF THIS CHAPTER, PROVIDING FOR LICENSE RENEWAL, PROVIDING FOR REIN-
13 STATEMENT OF LICENSE, PROVIDING FOR THE LAWFUL PRACTICE OF PHYSICAL THER-
14 APY, PROVIDING FOR USE OF TITLES AND RESTRICTIONS, PROVIDING FOR THE
15 SUPERVISION OF PHYSICAL THERAPIST ASSISTANTS AND SUPPORTIVE PERSONNEL,
16 PROVIDING GROUNDS FOR DISCIPLINARY ACTION, PROVIDING FOR DISCIPLINARY
17 ACTIONS AND PROCEDURES, PROVIDING FOR DISCIPLINARY PENALTIES, PROVIDING
18 FOR JUDICIAL REVIEW AND DEFINING UNLAWFUL PRACTICE AND PROVIDING FINES AND
19 PENALTIES.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Chapter 22, Title 54, Idaho Code, be, and the same is
22 hereby repealed.
23 SECTION 2. That Title 54, Idaho Code, be, and the same is hereby amended
24 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
25 ter 22, Title 54, Idaho Code, and to read as follows:
26 CHAPTER 22
27 PRACTICE OF PHYSICAL THERAPY
28 54-2201. SHORT TITLE. This chapter shall be known and may be cited as the
29 "Physical Therapy Practice Act."
30 54-2202. DECLARATION OF POLICY. To protect the public health, safety and
31 welfare, and to provide for state administrative supervision, licensure and
32 regulation, every person practicing or offering to practice physical therapy
33 who meets and maintains prescribed standards of competence and conduct shall
34 be licensed as provided in this chapter. This chapter shall be liberally con-
35 strued to promote the public interest and to accomplish the purpose stated
36 herein.
37 54-2203. DEFINITIONS. As used in this chapter:
38 (1) "Board" means the Idaho state board of medicine.
39 (2) "Committee" means the physical therapy advisory committee.
2
1 (3) "Physical therapist" means a person who meets all the requirements of
2 this chapter and who engages in the practice of physical therapy.
3 (4) "Physical therapist assistant" means a person who meets the require-
4 ments of this chapter and who performs physical therapy procedures and related
5 tasks that have been selected and delegated only by a supervising physical
6 therapist.
7 (5) "Physical therapy" means the care and services provided by or under
8 the direction and supervision of a physical therapist.
9 (6) The "practice of physical therapy" means the exercise of the profes-
10 sion of physical therapy by a person who engages in the following health care
11 activities:
12 (a) Examining, evaluating and testing individuals with mechanical,
13 physiological and developmental impairments, functional limitations, and
14 disability or other health and movement related conditions in order to
15 determine a diagnosis for physical therapy and prognosis for physical
16 therapy, plan of therapeutic intervention, and to assess the ongoing
17 effects of intervention.
18 (b) Alleviating impairments and functional limitations by designing,
19 implementing and modifying therapeutic interventions that include, but are
20 not limited to: therapeutic exercise; functional mobility training in
21 self-care and in-home, community or work reintegration; manual therapy;
22 assistive, adaptive, protective and supportive devices and equipment;
23 bronchopulmonary hygiene; debridement and wound care; physical agents or
24 modalities; mechanical and electrotherapeutic modalities; and patient
25 related instruction; and to reduce the risk of injury, impairment, func-
26 tional limitation, and disability, including the promotion and maintenance
27 of fitness, health, and quality of life in all age populations. The prac-
28 tice of physical therapy shall not include the use of radiology, surgery
29 or medical diagnosis of disease.
30 (c) Engaging in administration, consultation, testing, education and
31 research as related to paragraphs (a) and (b) of this subsection.
32 (7) "Supportive personnel" means a person or persons trained under the
33 direction of a physical therapist who performs designated and supervised rou-
34 tine physical therapy tasks.
35 54-2204. EXEMPTIONS. Nothing in this chapter shall be construed to
36 restrict any persons licensed or regulated by the state of Idaho from engaging
37 in the profession or practice for which they are licensed or regulated,
38 including, but not limited to, any athletic trainer, chiropractor, dentist,
39 nurse, physician, podiatrist, occupational therapist, optometrist, osteopath,
40 surgeon, or any other licensed or regulated practitioner of the healing arts,
41 nor restrict employees working under the direct supervision of those persons
42 referred to in this section, so long as such person does not hold himself or
43 herself out as a physical therapist, physical therapist assistant or a person
44 engaged in the practice of physical therapy.
45 54-2205. PHYSICAL THERAPY ADVISORY COMMITTEE. There is hereby established
46 a physical therapy advisory committee to the Idaho state board of medicine.
47 The committee shall consist of three (3) licensed physical therapists, nomi-
48 nated by the Idaho physical therapy association and appointed by the Idaho
49 state board of medicine. Each member will serve a term of four (4) years and
50 terms shall be staggered. The initial committee shall have one (1) member
51 whose term expires July 1, 2002, one (1) member whose term expires July 1,
52 2003, and one (1) member whose term expires July 1, 2004. A member may be
53 appointed to serve for one (1) additional four (4) year term upon the expira-
3
1 tion of the member's first term. The committee shall elect a chairman from
2 its membership.
3 The committee shall work in conjunction with the Idaho state board of med-
4 icine and shall perform the duties and functions assigned to the committee by
5 the board, including:
6 (1) Evaluating the qualifications of applicants for licensure, adminis-
7 tering examinations, and issuing and renewing licenses;
8 (2) Performing investigations of misconduct and making recommendations
9 regarding discipline; and
10 (3) Maintaining a list of licensed physical therapists and physical ther-
11 apist assistants in this state.
12 54-2206. APPLICATION FOR LICENSURE AND FEES. An applicant for licensure
13 as a physical therapist or physical therapist assistant shall file an applica-
14 tion with the board on forms prescribed and furnished by the board. The
15 application shall be made under oath, and shall show the applicant's address,
16 education, evidence of graduation from a nationally accredited school of phys-
17 ical therapy or nationally accredited school for physical therapist assistants
18 with a curriculum acceptable to the board and a detailed summary of any other
19 qualifications deemed relevant to licensure by the board. The application
20 shall also require the disclosure of any criminal conviction or charge against
21 the applicant other than minor traffic infractions, the disclosure of any dis-
22 ciplinary action against the applicant by any professional regulatory agency,
23 including any agency within the state or any other state, and the disclosure
24 of any denial of registration or licensure by any state or district regulatory
25 body. An applicant shall also furnish not less than two (2) references from
26 persons having personal knowledge of the applicant's moral character. A non-
27 refundable application fee and payment for the cost of the examination shall
28 accompany the completed written application. Fees shall be established by the
29 administrative rules of the board.
30 54-2207. DENIAL OF APPLICATION. An application for licensure that has
31 been denied by the board shall be considered a contested case as provided for
32 in chapter 52, title 67, Idaho Code, and be subject to the provisions of that
33 chapter, as well as the administrative rules adopted by the board governing
34 contested cases.
35 54-2208. EXAMINATIONS. (1) The board shall authorize examinations and
36 permit any applicant whose application for licensure has been accepted by the
37 board to take the board approved examinations. The board shall determine the
38 passing score for examinations. Examinations shall test for entry-level compe-
39 tence and requisite knowledge and skills in the technical application of phys-
40 ical therapy services.
41 (2) An applicant who fails an examination may retake an examination one
42 (1) additional time without reapplication for licensure, provided that the
43 second examination occurs within six (6) months from the notification of the
44 first failure.
45 (3) The board shall have the authority to prescribe additional course
46 work or clinical work for any applicant who has failed an examination two (2)
47 or more times. An applicant applying for licensure who has failed any board
48 authorized examination two (2) or more times shall reapply and demonstrate to
49 the board's satisfaction evidence of successful completion of additional clin-
50 ical training or course work as determined by the board.
51 54-2209. QUALIFICATIONS FOR LICENSURE. To be eligible for licensure as a
4
1 physical therapist or physical therapist assistant, a person must:
2 (1) Be of good moral character; and
3 (2) Submit a completed written application to the board on forms fur-
4 nished by the board which shall require proof of graduation from a nationally
5 accredited school, with a curriculum acceptable to the board, for physical
6 therapists or physical therapist assistants, and have completed the applica-
7 tion process; and
8 (3) Have either passed to the satisfaction of the board, an examination
9 authorized by the board to determine his or her fitness to practice as a phys-
10 ical therapist or physical therapist assistant, or be entitled to and apply
11 for licensure by endorsement as provided for in section 54-2210, Idaho Code.
12 54-2210. QUALIFICATIONS FOR LICENSURE BY ENDORSEMENT. A person who can
13 show to the satisfaction of the board that he or she has met the qualifica-
14 tions set forth in section 54-2209(1) and (2), Idaho Code, and who, at the
15 time of application, is a licensed or registered physical therapist or physi-
16 cal therapist assistant in good standing under the laws of another state or
17 territory, and who can show to the satisfaction of the board that the person
18 has passed a physical therapist or physical therapist assistant examination
19 which is substantially similar to an examination authorized by the board, as
20 determined by the board, shall be entitled to licensure without examination
21 upon payment to the board of the licensure fee.
22 54-2211. QUALIFICATIONS FOR LICENSURE OF FOREIGN-EDUCATED PHYSICAL
23 THERAPISTS. (1) An applicant for licensure as a physical therapist or physical
24 therapist assistant who has been educated outside of the United States shall:
25 (a) Be of good moral character; and
26 (b) Submit a completed written application to the board on forms fur-
27 nished by the board which shall require proof of graduation from a school
28 for physical therapists or physical therapist assistants with a curriculum
29 acceptable to the board; and
30 (c) Have his or her education credentials evaluated by a board approved
31 credential evaluation agency and provide satisfactory evidence that his or
32 her education is substantially equivalent to the requirements of physical
33 therapists or physical therapist assistants educated in accredited educa-
34 tional programs as determined by the board. If the board determines that a
35 foreign-educated applicant's education is not substantially equivalent, it
36 may require successful completion of additional course work before pro-
37 ceeding with the application process;
38 (d) Provide written proof that the school of physical therapy education
39 is recognized by its own ministry of education;
40 (e) If the applicant has actually practiced as a physical therapist or
41 physical therapist assistant abroad, the applicant shall provide written
42 proof of authorization to practice as a physical therapist without limita-
43 tions in the country where the professional education occurred;
44 (f) Provide proof of legal authorization to reside and seek employment in
45 the United States or its territories;
46 (g) Have successfully passed an examination authorized by the board.
47 (2) Notwithstanding the provisions of this section, if the foreign-
48 educated physical therapist or physical therapist assistant applicant is a
49 graduate of a professional physical therapy education program accredited by an
50 agency approved by the board, requirements in subsections (1)(c) and (1)(d) of
51 this section shall be waived.
52 54-2212. EXEMPTIONS -- MILITARY, STUDENTS, EDUCATORS. In addition to the
5
1 exemptions provided in section 54-2204, Idaho Code, the following persons
2 shall also be exempt from licensure under this chapter:
3 (1) A physical therapist while practicing in the United States armed ser-
4 vices, United States public health service or veterans administration as based
5 on requirements under federal regulations for state licensure of health care
6 providers.
7 (2) A person who is pursuing a course of study leading to a degree as a
8 physical therapist or physical therapist assistant in an accredited or board
9 approved professional education program and is satisfying supervised clinical
10 education requirements related to his or her physical therapy education.
11 (3) A physical therapist licensed and in good standing in another U.S.
12 jurisdiction, or a foreign-educated physical therapist credentialed in another
13 country, performing physical therapy as part of teaching or participating in
14 an educational seminar of no more than sixty (60) days in a calendar year.
15 54-2213. LICENSE RENEWAL. (1) A license shall be issued for a period of
16 not less than one (1) year nor more than five (5) years, in conformance with
17 administrative rules adopted by the board. Each license shall set forth its
18 expiration date on the face of the certificate. The failure of any licensee
19 to renew his or her license, as required herein and by the administrative
20 rules of the board shall not deprive such person of the right to renewal,
21 except as provided for in section 54-2214(2), Idaho Code.
22 (2) Fees for licensure of physical therapists and physical therapist
23 assistants shall be fixed by the board in its administrative rules. All fees
24 shall be transmitted to the state treasurer for credit to the board's account.
25 (3) All licensed physical therapists or physical therapist assistants
26 shall report to the board any name change or changes in business and home
27 addresses prior to the expiration of thirty (30) days after the change becomes
28 final.
29 54-2214. REINSTATEMENT OF LICENSE. (1) Reinstatement of a lapsed license
30 shall require the payment of a renewal fee and reinstatement fee in accordance
31 with the administrative rules adopted by the board, provided however, that no
32 reinstatement fee shall be greater in amount than fifty dollars ($50.00).
33 (2) Reinstatement of a license that has lapsed for a period of more than
34 three (3) consecutive years shall require reapplying for a license and payment
35 of fees in accordance with the administrative rules adopted by the board. The
36 individual shall successfully demonstrate to the board competency in the prac-
37 tice of physical therapy. The board may also require the applicant to take an
38 examination, remedial courses, or both, as shall be determined by the board.
39 54-2215. LAWFUL PRACTICE OF PHYSICAL THERAPY. (1) A physical therapist or
40 physical therapist assistant duly licensed in accordance with this chapter is
41 authorized to practice physical therapy as defined in this chapter.
42 (2) A physical therapist shall refer persons under his or her care to
43 appropriate health care practitioners including, but not limited to, licensed
44 medical physicians, osteopathic physicians, podiatrists, dentists or chiro-
45 practic physicians, if the physical therapist has reasonable cause to believe
46 symptoms or conditions are present that require services beyond the scope of
47 practice of physical therapy or when the physical therapist has reasonable
48 cause to believe that physical therapy is contraindicated.
49 (3) Physical therapists and physical therapist assistants shall adhere to
50 the standards of ethics of the physical therapy profession as set forth in the
51 administrative rules adopted by the board.
6
1 54-2216. USE OF TITLES AND RESTRICTIONS. (1) A physical therapist may use
2 the letters "PT" in connection with his or her name or place of business to
3 denote licensure under this chapter.
4 (2) It is unlawful for any person, or for any business entity, its
5 employees, agents or representatives to use in connection with his or her
6 name, or the name of activity of the business, the words "physical therapy,"
7 "physical therapist," "physiotherapist," "registered physical therapist," or
8 "licensed physical therapist," or the letters "PT," "LPT," "RPT," or any other
9 words, abbreviations or insignia indicating or implying directly or indirectly
10 that such person, business entity, its employees, agents or representatives
11 are engaged in the practice of physical therapy, unless such services are pro-
12 vided by or under the direction of a physical therapist licensed in accordance
13 with this chapter.
14 (3) A physical therapist assistant shall use the letters "PTA" in connec-
15 tion with his or her name to denote licensure under this chapter.
16 (4) It is unlawful for any person to use the title "physical therapist
17 assistant," "licensed physical therapist assistant," or "registered physical
18 therapist assistant," or the letters "PTA," "RPTA," or "LPTA," or any other
19 words, abbreviations or insignia in connection with his or her name to indi-
20 cate or imply, directly or indirectly, that he or she is a physical therapist
21 assistant without being licensed in accordance with this chapter as a physical
22 therapist assistant.
23 54-2217. SUPERVISION OF PHYSICAL THERAPIST ASSISTANTS AND SUPPORTIVE PER-
24 SONNEL. (1) A licensed physical therapist shall supervise and be responsible
25 for patient care given by physical therapist assistants and supportive person-
26 nel. A physical therapist who delegates tasks or procedures that fall within
27 the scope of the practice of physical therapy shall supervise such tasks and
28 procedures in conformance with administrative rules adopted by the board.
29 (2) A physical therapist shall adhere to the policies and procedures that
30 delineate the functions, responsibilities and supervisory relationships of
31 physical therapist assistants and supportive personnel as established by the
32 board, on the advice and counsel of the committee, in the board's administra-
33 tive rules.
34 54-2218. GROUNDS FOR DISCIPLINARY ACTION. The following conduct, acts, or
35 conditions shall constitute grounds for disciplinary action:
36 (1) Violating any provision of this chapter or any administrative rule
37 adopted by the board;
38 (2) Practicing or offering to practice beyond the scope of physical ther-
39 apy practice as defined in this chapter or which fails to meet the standard of
40 physical therapy provided by other qualified physical therapists and physical
41 therapist assistants in the same or similar communities;
42 (3) Obtaining or attempting to obtain a license by fraud, misrepresenta-
43 tion or omission;
44 (4) Engaging in the performance of substandard care by a physical thera-
45 pist due to an intentional, negligent, or reckless act or failure to act;
46 (5) Engaging in the performance of substandard care by a physical thera-
47 pist assistant, due to an intentional, negligent, or reckless act or failure
48 to act, or performing tasks not selected or delegated by the supervising
49 licensed physical therapist;
50 (6) Inadequate supervision by a physical therapist of a physical thera-
51 pist assistant and/or supportive personnel, or inadequate supervision by a
52 physical therapist assistant of supportive personnel in accordance with this
53 chapter and the administrative rules adopted by the board;
7
1 (7) Having been convicted of a crime involving moral turpitude in the
2 courts of this state or any other state, territory or country. Conviction, as
3 used in this paragraph, shall include a finding or verdict of guilt, an admis-
4 sion of guilt, or a plea of nolo contendere or its equivalent;
5 (8) Practicing as a physical therapist or working as a physical therapist
6 assistant when physical or mental abilities are impaired by the use of con-
7 trolled substances or other drugs, chemicals or alcohol;
8 (9) Having had a license revoked or suspended, other disciplinary action
9 taken or an application for licensure refused, revoked or suspended by the
10 proper authorities of another state, territory or country, or omitting such
11 information from any application to the board, or failure to divulge such
12 information when requested by the board;
13 (10) Commission of any act of sexual contact, misconduct, exploitation or
14 intercourse with a patient or former patient or related to the licensee's
15 practice of physical therapy as a physical therapist or physical therapist
16 assistant.
17 (a) Consent of the patient shall not be a defense.
18 (b) This section shall not apply to sexual contact between a physical
19 therapist or physical therapist assistant and the physical therapist's or
20 physical therapist assistant's spouse or a person in a domestic relation-
21 ship who is also a patient.
22 (c) A former patient includes a patient for whom the physical therapist
23 or physical therapist assistant has provided physical therapy services
24 within the last twelve (12) months.
25 (d) Sexual or romantic relationships with former patients beyond the
26 period of time set forth herein may also be a violation if the physical
27 therapist or physical therapist assistant uses or exploits the trust,
28 knowledge, emotions or influence derived from the prior professional rela-
29 tionship with the patient.
30 (11) Directly or indirectly requesting, receiving or participating in the
31 dividing, transferring or assigning, of any referral fee from any health care
32 professional licensed or regulated by the state of Idaho, or any other third
33 party, or profiting by means of a credit or other valuable consideration such
34 as an unearned commission, discount or gratuity in connection with the fur-
35 nishing of physical therapy services. Nothing in this paragraph prohibits the
36 members, owners, shareholders or partners of any regularly and properly orga-
37 nized business entity recognized by the laws of the state of Idaho and com-
38 prised of physical therapists from dividing fees received for professional
39 services amongst themselves.
40 (12) Failing to adhere to the recognized standards of ethics of the physi-
41 cal therapy profession as published in the administrative rules adopted by the
42 board.
43 (13) Making misleading, deceptive, untrue or fraudulent representations in
44 violation of this chapter or in the practice of the profession, or in the
45 application process.
46 (14) Having been adjudged mentally incompetent by a court of competent
47 jurisdiction.
48 (15) Aiding or abetting a person not licensed in this state who directly
49 or indirectly performs activities requiring a license.
50 (16) Failing to report to the board any act or omission of a licensee,
51 applicant, or any other person, which violates any provision of this chapter.
52 (17) Interfering with an investigation or disciplinary proceeding by will-
53 ful misrepresentation of facts or by use of threats or harassment against any
54 patient or witness to prevent them from providing evidence in a disciplinary
55 proceeding, investigation or other legal action.
8
1 (18) Failing to maintain patient confidentiality unless otherwise required
2 by law.
3 (19) Failing to maintain adequate records. For purposes of this paragraph,
4 "adequate patient records" means legible records that contain, at a minimum,
5 an evaluation of objective findings, the plan of care, and the treatment
6 record.
7 (20) Promoting unnecessary devices, treatment, intervention or service for
8 the financial gain of the practitioner or of a third party.
9 (21) Providing treatment intervention unwarranted by the condition of the
10 patient.
11 54-2219. DISCIPLINE ACTIONS AND PROCEDURES. (1) The board shall regulate
12 the practice of physical therapy in the state of Idaho. The physical therapy
13 advisory committee shall serve as an advisor to the board as prescribed in
14 section 54-2205, Idaho Code. The board is authorized to institute any investi-
15 gation, hearing or other legal proceeding necessary to effect compliance with
16 this chapter.
17 (2) The board or its hearing officer, upon a finding that action is nec-
18 essary, shall have the power pursuant to this chapter to administer oaths,
19 take depositions of witnesses within or without the state in the manner pro-
20 vided by the administrative rules adopted by the board, and shall have power
21 throughout the state of Idaho to require the attendance of such witnesses and
22 the production of such books, records and papers as it may desire at any hear-
23 ing and for that purpose the board may issue a subpoena for any witness or a
24 subpoena duces tecum to compel the production of any books, records or papers,
25 directed to the sheriff of any county of the state of Idaho, where such wit-
26 ness resides or may be found which shall be served and returned. The board
27 may require a licensee to be examined to determine his or her mental or physi-
28 cal competence when the board has probable cause to believe the licensee is
29 suffering from an impairment that might impede his or her ability to practice
30 competently.
31 (3) When it is brought to the attention of the board by the written
32 statement of any person that a person licensed under this chapter has done any
33 act or thing in violation of any provision of this chapter, the board shall
34 immediately make an investigation of such person, and if the board finds that
35 there is probable cause to institute proceedings against such person, it shall
36 without unnecessary delay transmit to that person by mail, a copy of the
37 charges and shall fix a day not less than fourteen (14), nor more than ninety
38 (90), days after said mailing for a hearing upon the matter, said hearing
39 shall be conducted in accordance with chapter 52, title 67, Idaho Code, and
40 with the administrative rules adopted by the board.
41 (4) The board may investigate any person to the extent necessary to
42 determine if the person is engaged in the unlawful practice of physical ther-
43 apy. If an investigation indicates that a person may be practicing physical
44 therapy unlawfully, the board shall inform the person of the alleged viola-
45 tion. The board may refer the matter for prosecution whether or not the person
46 ceases the unlawful practice of physical therapy.
47 (5) The board may, in the name of the people of the state of Idaho, apply
48 for injunctive relief in any court of competent jurisdiction to enjoin any
49 person from committing any act in violation of this chapter. Such injunction
50 proceedings shall be in addition to, and not in lieu of, all penalties and
51 other remedies provided for in this chapter.
52 54-2220. DISCIPLINARY ACTIONS -- PENALTIES. The board may, upon proof
53 that a person has violated any provision contained in this chapter, take the
9
1 following disciplinary actions singly or in combination:
2 (1) Issue a censure or reprimand by informal admonition for minor miscon-
3 duct found by the board. Such reprimand by the board shall have the same
4 effect and shall be subject to the same requirements for disclosure as a rep-
5 rimand given by the board as provided in section 54-1806A, Idaho Code;
6 (2) Impose restrictions and/or conditions as to scope of practice, place
7 of practice, supervision of practice, duration of licensed status, or type or
8 condition of patient or client served. The board may require a licensee to
9 report regularly to the board on matters regarding the restricted license;
10 (3) Suspend a license, the duration of which shall be determined by the
11 board;
12 (4) Revoke a license;
13 (5) Refuse to issue or renew a license;
14 (6) Impose a reasonable fine for violation of this chapter in an amount
15 not to exceed a maximum amount as set forth in the administrative rules
16 adopted by the board;
17 (7) Accept a voluntary surrender of a license;
18 (8) Assess costs and attorney's fees against a licensee for any investi-
19 gation and/or administrative proceeding.
20 54-2221. JUDICIAL REVIEW. Any person who shall be aggrieved by any action
21 of the board in denying, refusing to renew, suspending or revoking a certifi-
22 cate of licensure, issuing a censure, imposing any restriction upon a license,
23 or imposing any fine, may seek judicial review thereof in accordance with the
24 provisions of chapter 52, title 67, Idaho Code.
25 54-2222. UNLAWFUL PRACTICE -- FINES AND PENALTIES. (1) It shall be unlaw-
26 ful for any person to practice or offer to practice physical therapy in this
27 state, or to use in connection with his or her name or otherwise assume, use
28 or advertise any title or description tending to convey the impression that he
29 or she is a physical therapist or a physical therapist assistant, unless such
30 person has been licensed under the provisions of this chapter.
31 (2) It shall be unlawful for any person to aid, abet, or require another
32 person, licensed or unlicensed, to directly or indirectly violate or evade any
33 provision of this chapter, or to combine or conspire with another person, or
34 permit one's license to be used by another person, or act as an agent, part-
35 ner, associate, or otherwise, of another person with the intent to violate or
36 evade the provisions of this chapter.
37 (3) A violation of the provisions of this chapter shall constitute a mis-
38 demeanor, and any person convicted thereof shall be fined an amount not to
39 exceed one thousand dollars ($1,000). A second conviction for a violation of
40 any provision of this chapter shall also constitute a misdemeanor, and a per-
41 son convicted of a second violation of this chapter shall be imprisoned in a
42 county jail for a period not to exceed six (6) months, or shall be fined an
43 amount not to exceed five thousand dollars ($5,000), or shall be punished by
44 both such fine and imprisonment. Any third or more conviction for a violation
45 of any provision of this chapter shall constitute a felony, and a person con-
46 victed of a third or more violation of this chapter shall be imprisoned in the
47 state prison for a period not to exceed three (3) years, or shall be fined an
48 amount not to exceed ten thousand dollars ($10,000), or shall be punished by
49 both such fine and imprisonment.
STATEMENT OF PURPOSE
RS 1O654C2
This act brings Idaho law into conformity with the modern
practice of physical therapy, updating the current Physical
Therapy Practice Act, which was enacted in 1963. The Act codifies
several portions of the Administrative Rules of the Board of
Medicine - the agency that regulates physical therapy in the State
of Idaho - and brings the procedures within the scope of the
Administrative Procedures Act to improve the consistency of the
language AND ease regulatory compliance. The Act also enhances
the regulatory abilities of the Board of Medicine and sets forth
more standard grounds for discipline and standard disciplinary
procedures.
FISCAL IMPACT
There is no fiscal impact.
Contact:
Name: Jeremy P. Pisca
Phone: 208/336 7930
STATEMENT OF PURPOSE/FISCAL NOTE S 108