2001 Legislation
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SENATE BILL NO. 1086 – Physical therapists, licensure


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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

Bill Text

  ||||              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
 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.
  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-
  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
  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.
 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
  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.
  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.
 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;
  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.
  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
  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 / Fiscal Impact

                      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
                          FISCAL IMPACT
 There is no fiscal impact.
 Name:  Jeremy P. Pisca
 Phone: 208/336 7930

STATEMENT OF PURPOSE/FISCAL NOTE                          S 108