2005 Legislation
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HOUSE BILL NO. 192 – Physical therapy licensure bd


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Bill Status

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
         Effective: 07/01/05

Bill Text

  ]]]]              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
  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
 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
  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:
  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
 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  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
 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
  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 / Fiscal Impact

                       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.

Name: Jeremy Pisca 
Phone: 208-384-1800

STATEMENT OF PURPOSE/FISCAL NOTE                     H 192