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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 vacant) 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 Effective: 07/01/05
]]]] 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 advisory13 committeelicensure 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 19 therapist. 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 24 activities: 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 2 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 COMMITTEELICENSURE BOARD. (1) There 8 is hereby established a physical therapy advisory committeelicensure board to 9 the Idaho state board of medicine. The committeelicensure 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 will13 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 expires16 July 1, 2004. A member may be appointed to serve for one (1) additional four17 (4) year term upon the expiration of the member's first term. The committee18 shall elect a chairman from its membershipone (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 3 1 in section 59-509(h), Idaho Code. 2 (6) The committeelicensure 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 committeelicensure 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; and10 ( 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 23 nonfeasance. 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 therapy28 advisory committeelicensure 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 45 competently. 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 4 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 10 therapy. 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 RS 14955 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 therapy licensees. 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. FISCAL NOTE There will be no cost to the General Fund. Contact Name: Jeremy Pisca Phone: 208-384-1800 STATEMENT OF PURPOSE/FISCAL NOTE H 192