Print Friendly HOUSE BILL NO. 192 – Physical therapy licensure bd
HOUSE BILL NO. 192
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H0192.................................................by HEALTH AND WELFARE
PHYSICAL THERAPY - Amends existing law relating to the practice of physical
therapy to define the term "licensure board"; to remove language
referencing an advisory committee; to provide for the physical therapy
licensure board; and to provide references to the licensure board.
02/11 House intro - 1st rdg - to printing
02/14 Rpt prt - to Health/Wel
02/25 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 64-3-3
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones,
Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, Miller, Mitchell,
Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Trail, Wills
NAYS -- Barrett, McKague, Wood
Absent and excused -- Crow, Loertscher, Mr. Speaker
Floor Sponsor - Bilbao
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Health/Wel
03/11 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 31-0-3, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Williams
NAYS -- None
Absent and excused -- Coiner, Malepeai, Werk, (District 21 seat
Floor Sponsor - McGee
Title apvd - to House
03/22 To enrol
03/23 Rpt enrol - Sp signed
03/24 Pres signed - To Governor
03/28 Governor signed
Session Law Chapter 185
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 192
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE PRACTICE OF PHYSICAL THERAPY; AMENDING SECTION 54-2203, IDAHO
3 CODE, TO DEFINE THE TERM "LICENSURE BOARD" AND TO REMOVE LANGUAGE
4 REFERENCING AN ADVISORY COMMITTEE; AMENDING SECTION 54-2205, IDAHO CODE,
5 TO PROVIDE FOR THE PHYSICAL THERAPY LICENSURE BOARD; AND AMENDING SECTION
6 54-2219, IDAHO CODE, TO PROVIDE REFERENCES TO THE LICENSURE BOARD.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 54-2203, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 54-2203. DEFINITIONS. As used in this chapter:
11 (1) "Board" means the Idaho state board of medicine.
12 (2) "Committee" "Licensure board" means the physical therapy advisory
13 committee licensure board.
14 (3) "Physical therapist" means a person who meets all the requirements of
15 this chapter and who engages in the practice of physical therapy.
16 (4) "Physical therapist assistant" means a person who meets the require-
17 ments of this chapter and who performs physical therapy procedures and related
18 tasks that have been selected and delegated only by a supervising physical
20 (5) "Physical therapy" means the care and services provided by or under
21 the direction and supervision of a physical therapist.
22 (6) The "practice of physical therapy" means the exercise of the profes-
23 sion of physical therapy by a person who engages in the following health care
25 (a) Examining, evaluating and testing individuals with mechanical,
26 physiological and developmental impairments, functional limitations, and
27 disability or other health and movement related conditions in order to
28 determine a diagnosis for physical therapy and prognosis for physical
29 therapy, plan of therapeutic intervention, and to assess the ongoing
30 effects of intervention.
31 (b) Alleviating impairments and functional limitations by designing,
32 implementing and modifying therapeutic interventions that include, but are
33 not limited to: therapeutic exercise; functional mobility training in
34 self-care and in-home, community or work reintegration; manual therapy;
35 assistive, adaptive, protective and supportive devices and equipment;
36 bronchopulmonary hygiene; debridement and wound care; physical agents or
37 modalities; mechanical and electrotherapeutic modalities; and patient
38 related instruction; and to reduce the risk of injury, impairment, func-
39 tional limitation, and disability, including the promotion and maintenance
40 of fitness, health, and quality of life in all age populations. The prac-
41 tice of physical therapy shall not include the use of radiology, surgery
42 or medical diagnosis of disease.
43 (c) Engaging in administration, consultation, testing, education and
1 research as related to paragraphs (a) and (b) of this subsection.
2 (7) "Supportive personnel" means a person or persons trained under the
3 direction of a physical therapist who performs designated and supervised rou-
4 tine physical therapy tasks.
5 SECTION 2. That Section 54-2205, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 54-2205. PHYSICAL THERAPY ADVISORY COMMITTEE LICENSURE BOARD. (1) There
8 is hereby established a physical therapy advisory committee licensure board to
9 the Idaho state board of medicine. The committee licensure board shall consist
10 of five (5) members appointed by the board, three (3) of whom shall be
11 licensed physical therapists, nominated by the Idaho physical therapy associa-
12 tion and appointed by the Idaho state board of medicine. Each member will
13 serve a term of four (4) years and terms shall be staggered. The initial com-
14 mittee shall have one (1) member whose term expires July 1, 2002, one (1) mem-
15 ber whose term expires July 1, 2003, and one (1) member whose term expires
16 July 1, 2004. A member may be appointed to serve for one (1) additional four
17 (4) year term upon the expiration of the member's first term. The committee
18 shall elect a chairman from its membership one (1) of whom may be a licensed
19 physical therapist assistant or a licensed physical therapist, and one (1) of
20 whom shall be a member of the public with an interest in the rights of the
21 consumers of health services. All members of the licensure board shall be res-
22 idents of Idaho at the time of their appointment and for their term of ser-
23 vice. The persons appointed to the licensure board who are required to be
24 licensed under this chapter shall have been engaged in rendering physical
25 therapy or physical therapy assistant care services, respectively, to the pub-
26 lic, in teaching, or in research in physical therapy or physical therapy
27 assistant care services, respectively, for at least three (3) years immedi-
28 ately preceding their appointments. These members, excepting the public mem-
29 ber, shall at all times be holders of valid licenses and be in good standing
30 without restriction upon such license for the practice of physical therapy or
31 physical therapy assistant, respectively, in Idaho.
32 (2) The board, within sixty (60) days after the effective date of this
33 act, shall appoint two (2) licensure board members for a term of one (1) year;
34 two (2) members for a term of two (2) years; and one (1) member for a term of
35 three (3) years. Appointments made thereafter shall be for three (3) year
36 terms, but no person shall be appointed to serve more than two (2) consecutive
37 terms. Terms shall begin on the first day of the calendar year and end on the
38 last day of the calendar year or until successors are appointed, except for
39 the first appointed members who shall serve through the last calendar day of
40 the year in which they are appointed, before commencing the terms prescribed
41 in this section.
42 (3) The members of the licensure board shall be selected by the board
43 after considering a list of three (3) qualified applicants for each such
44 vacancy submitted by the Idaho physical therapy association.
45 (4) The licensure board, within sixty (60) days after the effective date
46 of this act, and annually thereafter, shall hold a meeting and elect a chair-
47 man who shall preside at meetings of the licensure board. In the event the
48 chairman is not present at any licensure board meeting, the licensure board
49 may by majority vote of the members present appoint a temporary chairman. A
50 majority of the members of the licensure board shall constitute a quorum.
51 Other meetings may be convened at the call of the chairman or upon the written
52 request of any two (2) licensure board members.
53 (5) Each member of the licensure board shall be compensated as provided
1 in section 59-509(h), Idaho Code.
2 (6) The committee licensure board shall work in conjunction with the
3 Idaho state board of medicine to enforce the provisions of this chapter and
4 shall perform the duties and functions assigned to the committee licensure
5 board by the board, including, but not limited to:
6 ( 1a) Evaluating the qualifications of applicants for licensure, adminis-
7 tering examinations, and issuing and renewing licenses;
8 ( 2b) Performing investigations of misconduct and making recommendations
9 regarding discipline; and
10 ( 3c) Maintaining a list of licensed physical therapists and physical
11 therapist assistants in this state;
12 (d) Evaluating curricula of nationally accredited schools of physical
13 therapy and physical therapy assistant;
14 (e) Reviewing and recommending fees to be assessed by the board for the
15 issuance and renewal of licenses; and
16 (f) Establishing criteria and recommending administrative rules.
17 (7) Members shall disqualify themselves and, upon the motion of any
18 interested party may, upon proper showing, be disqualified in any proceeding
19 concerning which they have an actual conflict of interest or bias that inter-
20 feres with their fair and impartial service.
21 (8) The board may remove any member of the licensure board from the mem-
22 bership of the licensure board who is guilty of malfeasance, misfeasance or
24 SECTION 3. That Section 54-2219, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 54-2219. DISCIPLINE ACTIONS AND PROCEDURES. (1) The board shall regulate
27 the practice of physical therapy in the state of Idaho. The physical therapy
28 advisory committee licensure board shall serve as an advisor to the board as
29 prescribed in section 54-2205, Idaho Code. The board is authorized to insti-
30 tute any investigation, hearing or other legal proceeding necessary to effect
31 compliance with this chapter.
32 (2) The board or its hearing officer, upon a finding that action is nec-
33 essary, shall have the power pursuant to this chapter to administer oaths,
34 take depositions of witnesses within or without the state in the manner pro-
35 vided by the administrative rules adopted by the board, and shall have power
36 throughout the state of Idaho to require the attendance of such witnesses and
37 the production of such books, records and papers as it may desire at any hear-
38 ing and for that purpose the board may issue a subpoena for any witness or a
39 subpoena duces tecum to compel the production of any books, records or papers,
40 directed to the sheriff of any county of the state of Idaho, where such wit-
41 ness resides or may be found which shall be served and returned. The board may
42 require a licensee to be examined to determine his or her mental or physical
43 competence when the board has probable cause to believe the licensee is suf-
44 fering from an impairment that might impede his or her ability to practice
46 (3) When it is brought to the attention of the board by the written
47 statement of any person that a person licensed under this chapter has done any
48 act or thing in violation of any provision of this chapter, the board or
49 licensure board shall immediately make an investigation of such person, and if
50 the board or licensure board finds that there is probable cause to institute
51 proceedings against such person, it shall without unnecessary delay transmit
52 to that person by mail, a copy of the charges and shall fix a day not less
53 than fourteen (14), nor more than ninety (90), days after said mailing for a
1 hearing upon the matter, said hearing shall be conducted in accordance with
2 chapter 52, title 67, Idaho Code, and with the administrative rules adopted by
3 the board.
4 (4) The board or licensure board may investigate any person to the extent
5 necessary to determine if the person is engaged in the unlawful practice of
6 physical therapy. If an investigation indicates that a person may be practic-
7 ing physical therapy unlawfully, the board or licensure board shall inform
8 the person of the alleged violation. The board may refer the matter for prose-
9 cution whether or not the person ceases the unlawful practice of physical
11 (5) The board may, in the name of the people of the state of Idaho, apply
12 for injunctive relief in any court of competent jurisdiction to enjoin any
13 person from committing any act in violation of this chapter. Such injunction
14 proceedings shall be in addition to, and not in lieu of, all penalties and
15 other remedies provided for in this chapter.
STATEMENT OF PURPOSE
Current law provides for a three-member "Physical Therapy
Advisory Committee" that serves as an advisor to the Idaho State
Board of Medicine BOM. This legislation would change the term
"advisory committee" to a "Physical Therapy Licensure Board"
which would still serve as an advisor to the Board of Medicine.
Membership on the licensure board would increase from three (3)
members to five (5) members, with one (1) member being a
disinterested public-consumer member.
While the board will still work in conjunction with the Idaho
State Board of Medicine as an advisor, the licensure board will
have increased duties to assist the Board of Medicine including:
evaluating the curricula of nationally accredited physical
therapy schools, reviewing and recommending the fees that are
assessed to physical therapy licensees, and recommending
administrative rules of the Board of Medicine affecting physical
The legislation is also intended to make the Physical Therapy
Practice Act consistent with how other allied professional boards
under the Board of Medicine operate.
There will be no cost to the General Fund.
Name: Jeremy Pisca
STATEMENT OF PURPOSE/FISCAL NOTE H 192