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H0619.................................................by HEALTH AND WELFARE
PHYSICAL THERAPY - Amends and adds to existing law relating to the Physical
Therapy Practice Act to revise definitions; to revise provisions applicable
to the establishment of the Physical Therapy Licensure Board; to provide
for the powers and duties of the board; to remove language requiring an
applicant to furnish references; to revise provisions applicable to the
renewal and reinstatement of licenses; to revise the grounds for
disciplinary action; to revise provisions applicable to disciplinary
actions and procedures; to revise provisions applicable to censure or
reprimand by the board; to provide for the disposition of receipts and
payment of expenses; to provide that the Department of Self-Governing
Agencies shall include the Idaho Physical Therapy Licensure Board; and to
empower the Bureau of Occupational Licenses to enter a written agreement
with the Physical Therapy Licensure Board.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to Health/Wel
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Denney, Edmunson,
Ellsworth, Eskridge, Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, 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), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Deal, Field(18), Smith(24), Mr. Speaker
Floor Sponsor - Henbest
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to Health/Wel
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsors - McGee & Brandt
Title apvd - to House
03/15 To enrol
03/16 Rpt enrol - Sp signed
03/17 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 116
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 619
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE PHYSICAL THERAPY PRACTICE ACT; AMENDING SECTION 54-2203, IDAHO
3 CODE, TO DEFINE TERMS AND REVISE DEFINITIONS; AMENDING SECTION 54-2205,
4 IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF THE
5 PHYSICAL THERAPY LICENSURE BOARD; AMENDING CHAPTER 22, TITLE 54, IDAHO
6 CODE, BY THE ADDITION OF A NEW SECTION 54-2206, IDAHO CODE, TO PROVIDE FOR
7 THE POWERS AND DUTIES OF THE BOARD; AMENDING SECTION 54-2206, IDAHO CODE,
8 TO REDESIGNATE THE SECTION, TO REMOVE LANGUAGE REQUIRING AN APPLICANT TO
9 FURNISH REFERENCES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
10 54-2207, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 54-2208,
11 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE A TECHNICAL CORRECTION;
12 AMENDING SECTION 54-2209, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
13 REVISE A CODE REFERENCE; AMENDING SECTION 54-2210, IDAHO CODE, TO REDESIG-
14 NATE THE SECTION AND TO REVISE A CODE REFERENCE; AMENDING SECTION 54-2211,
15 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE A TECHNICAL CORRECTION;
16 AMENDING SECTION 54-2212, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING
17 SECTION 54-2213, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE PROVI-
18 SIONS APPLICABLE TO LICENSE RENEWAL AND TO REVISE A CODE REFERENCE; AMEND-
19 ING SECTION 54-2214, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE
20 DESCRIPTIVE LANGUAGE AND TO REVISE PROVISIONS APPLICABLE TO THE RENEWAL
21 AND REINSTATEMENT OF LICENSES; AMENDING SECTIONS 54-2215, 54-2216 AND
22 54-2217, IDAHO CODE, TO REDESIGNATE THE SECTIONS; AMENDING SECTION
23 54-2218, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE THE GROUNDS FOR
24 DISCIPLINARY ACTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
25 54-2219, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE PROVISIONS
26 APPLICABLE TO DISCIPLINE ACTIONS AND PROCEDURES AND TO REMOVE REFERENCES
27 TO THE LICENSURE BOARD; AMENDING SECTION 54-2220, IDAHO CODE, TO REDESIG-
28 NATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO CENSURE OR REPRI-
29 MAND BY THE BOARD; AMENDING SECTIONS 54-2221 AND 54-2222, IDAHO CODE, TO
30 REDESIGNATE THE SECTIONS; AMENDING CHAPTER 22, TITLE 54, IDAHO CODE, BY
31 THE ADDITION OF A NEW SECTION 54-2224, IDAHO CODE, TO PROVIDE FOR THE DIS-
32 POSITION OF RECEIPTS AND PAYMENT OF EXPENSES; AMENDING SECTION 67-2601,
33 IDAHO CODE, TO PROVIDE THAT THE DEPARTMENT OF SELF-GOVERNING AGENCIES
34 SHALL INCLUDE THE IDAHO PHYSICAL THERAPY LICENSURE BOARD, TO REMOVE A REF-
35 ERENCE TO THE LICENSURE BOARD AS ASSOCIATED WITH THE BOARD OF MEDICINE AND
36 TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 67-2602, IDAHO CODE,
37 TO EMPOWER THE BUREAU OF OCCUPATIONAL LICENSES TO ENTER A WRITTEN AGREE-
38 MENT WITH THE PHYSICAL THERAPY LICENSURE BOARD.
39 Be It Enacted by the Legislature of the State of Idaho:
40 SECTION 1. That Section 54-2203, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 54-2203. DEFINITIONS. As used in this chapter:
43 (1) "Applicant" means a person applying for a license or permit under
2
1 this chapter.
2 (2) "Board" means the Idaho state board of medicine.
3 (2) "Licensure board" means the physical therapy licensure board.
4 (3) "Bureau" means the bureau of occupational licenses.
5 (4) "Department" means the department of self-governing agencies.
6 (5) "License" means a document issued by the board to a person under this
7 chapter authorizing the person to practice as a physical therapist or physical
8 therapist assistant.
9 (6) "Physical therapist" means a person who meets all the requirements
10 licensed under the provisions of this chapter and who to engages in the prac-
11 tice of physical therapy.
12 (47) "Physical therapist assistant" means a person who meets the require-
13 ments of this chapter and who performs physical therapy procedures and related
14 tasks that have been selected and delegated only by a supervising physical
15 therapist.
16 (58) "Physical therapy" means the care and services provided by or under
17 the direction and supervision of a physical therapist.
18 (69) The "practice of physical therapy" means the exercise of the profes-
19 sion of physical therapy by a person who engages in the following health care
20 activities:
21 (a) Examining, evaluating and testing individuals with mechanical,
22 physiological and developmental impairments, functional limitations, and
23 disability or other health and movement related conditions in order to
24 determine a diagnosis for physical therapy and prognosis for physical
25 therapy, plan of therapeutic intervention, and to assess the ongoing
26 effects of intervention.
27 (b) Alleviating impairments and functional limitations by designing,
28 implementing and modifying therapeutic interventions that include, but are
29 not limited to: therapeutic exercise; functional mobility training in
30 self-care and in-home, community or work reintegration; manual therapy;
31 assistive, adaptive, protective and supportive devices and equipment;
32 bronchopulmonary hygiene; debridement and wound care; physical agents or
33 modalities; mechanical and electrotherapeutic modalities; and patient
34 related instruction; and to reduce the risk of injury, impairment, func-
35 tional limitation, and disability, including the promotion and maintenance
36 of fitness, health, and quality of life in all age populations. The prac-
37 tice of physical therapy shall not include the use of radiology, surgery
38 or medical diagnosis of disease.
39 (c) Engaging in administration, consultation, testing, education and
40 research as related to paragraphs (a) and (b) of this subsection.
41 (710) "Supportive personnel" means a person or persons trained under the
42 direction of a physical therapist who performs designated and supervised rou-
43 tine physical therapy tasks.
44 SECTION 2. That Section 54-2205, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 54-2205. PHYSICAL THERAPY LICENSURE BOARD. (1) There is hereby estab-
47 lished in the department of self-governing agencies a physical therapy licen-
48 sure board. to the Idaho state board of medicine. The licensure board shall
49 consist of five (5) members appointed by the board governor, three (3) of whom
50 shall be licensed physical therapists, one (1) of whom may be a licensed phys-
51 ical therapist assistant or a licensed physical therapist, and one (1) of whom
52 shall be a member of the public with an interest in the rights of the con-
53 sumers of health services. All members of the licensure board shall be resi-
3
1 dents of Idaho at the time of their appointment and for their term of service.
2 The persons appointed to the licensure board who are required to be licensed
3 under this chapter shall have been engaged in rendering physical therapy or
4 physical therapy assistant care services, respectively, to the public, in
5 teaching, or in research in physical therapy or physical therapy assistant
6 care services, respectively, for at least three (3) years immediately preced-
7 ing their appointments. These members, excepting the public member, shall at
8 all times be holders of valid licenses and be in good standing without
9 restriction upon such license for the practice of physical therapy or physical
10 therapy assistant, respectively, in Idaho.
11 (2) The board governor, within sixty (60) days after the effective date
12 of this act, shall appoint two (2) licensure board members for a term of one
13 (1) year; two (2) members for a term of two (2) years; and one (1) member for
14 a term of three (3) years. Appointments made thereafter shall be for three (3)
15 year terms, but no person shall be appointed to serve more than two (2) con-
16 secutive terms. Terms shall begin on the first day of the calendar year and
17 end on the last day of the calendar year or until successors are appointed,
18 except for the first appointed members who shall serve through the last calen-
19 dar day of the year in which they are appointed, before commencing the terms
20 prescribed in this section.
21 (3) The members of the licensure board shall be selected by the board
22 governor after considering a list of three (3) qualified applicants for each
23 such vacancy submitted by the Idaho physical therapy association.
24 (4) The licensure board, within sixty (60) days after the effective date
25 of this act, and annually thereafter, shall hold a meeting and elect a chair-
26 man who shall preside at meetings of the licensure board. In the event the
27 chairman is not present at any licensure board meeting, the licensure board
28 may by majority vote of the members present appoint a temporary chairman. A
29 majority of the members of the licensure board shall constitute a quorum.
30 Other meetings may be convened at the call of the chairman or upon the written
31 request of any two (2) licensure board members.
32 (5) Each member of the licensure board shall be compensated as provided
33 in section 59-509(h), Idaho Code.
34 (6) The licensure board shall work in conjunction with the Idaho state
35 board of medicine to enforce the provisions of this chapter and shall perform
36 the duties and functions assigned to the licensure board by the board, includ-
37 ing, but not limited to:
38 (a) Evaluating the qualifications of applicants for licensure, adminis-
39 tering examinations, and issuing and renewing licenses;
40 (b) Performing investigations of misconduct and making recommendations
41 regarding discipline;
42 (c) Maintaining a list of licensed physical therapists and physical ther-
43 apist assistants in this state;
44 (d) Evaluating curricula of nationally accredited schools of physical
45 therapy and physical therapy assistant;
46 (e) Reviewing and recommending fees to be assessed by the board for the
47 issuance and renewal of licenses; and
48 (f) Establishing criteria and recommending administrative rules.
49 (7) Members of the board shall disqualify themselves and, upon the motion
50 of any interested party may, upon proper showing, be disqualified in any pro-
51 ceeding concerning which they have an actual conflict of interest or bias that
52 interferes with their fair and impartial service.
53 (87) The board governor may remove any member of the licensure board from
54 the membership of the licensure board who is guilty of malfeasance, misfea-
55 sance or nonfeasance.
4
1 SECTION 3. That Chapter 22, Title 54, Idaho Code, be, and the same is
2 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
3 ignated as Section 54-2206, Idaho Code, and to read as follows:
4 54-2206. POWERS AND DUTIES OF THE BOARD. The board shall have the author-
5 ity to administer, coordinate and enforce the provisions of this chapter. Such
6 authority shall include, but not be limited to, the power to:
7 (1) Evaluate the qualifications of applicants for licensure, approve and
8 administer examinations to test the knowledge and proficiency of applicants
9 for licensure, and approve or deny the registration and issuance and renewal
10 of licenses and permits;
11 (2) Authorize all disbursements necessary to carry out the provisions of
12 this chapter;
13 (3) Promulgate rules not inconsistent with the laws of this state which
14 are necessary to carry out the provisions of this chapter;
15 (4) Adopt rules providing for continuing education;
16 (5) Obtain restraining orders and injunctions prohibiting conduct in
17 violation of the provisions of this chapter, conduct investigations, issue
18 subpoenas, and examine witnesses and administer oaths, concerning practices
19 which are alleged to violate the provisions of this chapter;
20 (6) Suspend or revoke or otherwise sanction licensees in the manner pro-
21 vided in this chapter, or place a person holding a license under this chapter
22 on probation;
23 (7) Require as a condition of receiving or retaining a license issued
24 under this chapter that restitution be paid to a consumer;
25 (8) Require the inspection of testing equipment and facilities of persons
26 engaging in any practice pursuant to this chapter;
27 (9) As the board deems reasonable, take notice of and give effect to
28 prior licenses issued to physical therapists and physical therapist assistants
29 in the state of Idaho by the state board of medicine and such other actions,
30 proceedings, orders or decisions of the state board of medicine involving com-
31 plaints, investigations, discipline or other matters concerning physical
32 therapists or physical therapist assistants; and
33 (10) Authorize, by written agreement, the bureau of occupational licenses
34 to act as its agent in its interest.
35 SECTION 4. That Section 54-2206, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 54-22067. APPLICATION FOR LICENSURE AND FEES. An applicant for licensure
38 as a physical therapist or physical therapist assistant shall file an applica-
39 tion with the board on forms prescribed and furnished by the board. The appli-
40 cation shall be made under oath, and shall show the applicant's address, edu-
41 cation, evidence of graduation from a nationally accredited school of physical
42 therapy or nationally accredited school for physical therapist assistants with
43 a curriculum acceptable to the board and a detailed summary of any other qual-
44 ifications deemed relevant to licensure by the board. The application shall
45 also require the disclosure of any criminal conviction or charge against the
46 applicant other than minor traffic infractions, the disclosure of any disci-
47 plinary action against the applicant by any professional regulatory agency,
48 including any agency within the state or any other state, and the disclosure
49 of any denial of registration or licensure by any state or district regulatory
50 body. An applicant shall also furnish not less than two (2) references from
51 persons having personal knowledge of the applicant's moral character. A non-
52 refundable nonrefundable application fee and payment for the cost of the exam-
5
1 ination shall accompany the completed written application. Fees shall be
2 established by the administrative rules of the board.
3 SECTION 5. That Section 54-2207, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 54-22078. DENIAL OF APPLICATION. An application for licensure that has
6 been denied by the board shall be considered a contested case as provided for
7 in chapter 52, title 67, Idaho Code, and be subject to the provisions of that
8 chapter, as well as the administrative rules adopted by the board governing
9 contested cases.
10 SECTION 6. That Section 54-2208, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 54-22089. EXAMINATIONS. (1) The board shall authorize examinations and
13 permit any applicant whose application for licensure has been accepted by the
14 board to take the board approved examinations. The board shall determine the
15 passing score for examinations. Examinations shall test for entry-level compe-
16 tence and requisite knowledge and skills in the technical application of phys-
17 ical therapy services.
18 (2) An applicant who fails an examination may retake an examination one
19 (1) additional time without reapplication for licensure, provided that the
20 second examination occurs within six (6) months from the notification of the
21 first failure.
22 (3) The board shall have the authority to prescribe additional course
23 work or clinical work for any applicant who has failed an examination two (2)
24 or more times. An applicant applying for licensure who has failed any board
25 authorized examination two (2) or more times shall reapply and demonstrate to
26 the board's satisfaction evidence of successful completion of additional clin-
27 ical training or course work coursework as determined by the board.
28 SECTION 7. That Section 54-2209, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 54-220910. QUALIFICATIONS FOR LICENSURE. To be eligible for licensure as
31 a physical therapist or physical therapist assistant, a person must:
32 (1) Be of good moral character; and
33 (2) Submit a completed written application to the board on forms fur-
34 nished by the board which shall require proof of graduation from a nationally
35 accredited school, with a curriculum acceptable to the board, for physical
36 therapists or physical therapist assistants, and have completed the applica-
37 tion process; and
38 (3) Have either passed to the satisfaction of the board, an examination
39 authorized by the board to determine his or her fitness to practice as a phys-
40 ical therapist or physical therapist assistant, or be entitled to and apply
41 for licensure by endorsement as provided for in section 54-22101, Idaho Code.
42 SECTION 8. That Section 54-2210, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 54-22101. QUALIFICATIONS FOR LICENSURE BY ENDORSEMENT. A person who can
45 show to the satisfaction of the board that he or she has met the qualifica-
46 tions set forth in section 54-220910(1) and (2), Idaho Code, and who, at the
47 time of application, is a licensed or registered physical therapist or physi-
6
1 cal therapist assistant in good standing under the laws of another state or
2 territory, and who can show to the satisfaction of the board that the person
3 has passed a physical therapist or physical therapist assistant examination
4 which is substantially similar to an examination authorized by the board, as
5 determined by the board, shall be entitled to licensure without examination
6 upon payment to the board of the licensure fee.
7 SECTION 9. That Section 54-2211, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 54-22112. QUALIFICATIONS FOR LICENSURE OF FOREIGN-EDUCATED PHYSICAL
10 THERAPISTS. (1) An applicant for licensure as a physical therapist or physical
11 therapist assistant who has been educated outside of the United States shall:
12 (a) Be of good moral character; and
13 (b) Submit a completed written application to the board on forms fur-
14 nished by the board which shall require proof of graduation from a school
15 for physical therapists or physical therapist assistants with a curriculum
16 acceptable to the board; and
17 (c) Have his or her education credentials evaluated by a board approved
18 credential evaluation agency and provide satisfactory evidence that his or
19 her education is substantially equivalent to the requirements of physical
20 therapists or physical therapist assistants educated in accredited educa-
21 tional programs as determined by the board. If the board determines that a
22 foreign-educated applicant's education is not substantially equivalent, it
23 may require successful completion of additional course work coursework
24 before proceeding with the application process;
25 (d) Provide written proof that the school of physical therapy education
26 is recognized by its own ministry of education;
27 (e) If the applicant has actually practiced as a physical therapist or
28 physical therapist assistant abroad, the applicant shall provide written
29 proof of authorization to practice as a physical therapist without limita-
30 tions in the country where the professional education occurred;
31 (f) Provide proof of legal authorization to reside and seek employment in
32 the United States or its territories;
33 (g) Have successfully passed an examination authorized by the board.
34 (2) Notwithstanding the provisions of this section, if the foreign-
35 educated physical therapist or physical therapist assistant applicant is a
36 graduate of a professional physical therapy education program accredited by an
37 agency approved by the board, requirements in subsections (1)(c) and (1)(d) of
38 this section shall be waived.
39 SECTION 10. That Section 54-2212, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 54-22123. EXEMPTIONS -- MILITARY, STUDENTS, EDUCATORS. In addition to the
42 exemptions provided in section 54-2204, Idaho Code, the following persons
43 shall also be exempt from licensure under this chapter:
44 (1) A physical therapist while practicing in the United States armed ser-
45 vices, United States public health service or veterans administration as based
46 on requirements under federal regulations for state licensure of health care
47 providers.
48 (2) A person who is pursuing a course of study leading to a degree as a
49 physical therapist or physical therapist assistant in an accredited or board
50 approved professional education program and is satisfying supervised clinical
51 education requirements related to his or her physical therapy education.
7
1 (3) A physical therapist licensed and in good standing in another U.S.
2 jurisdiction, or a foreign-educated physical therapist credentialed in another
3 country, performing physical therapy as part of teaching or participating in
4 an educational seminar of no more than sixty (60) days in a calendar year.
5 SECTION 11. That Section 54-2213, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 54-22134. LICENSE RENEWAL. (1) A license shall be issued for a period of
8 not less than one (1) year nor more than five (5) years, in conformance with
9 administrative rules adopted by the board. Each license shall set forth its
10 expiration date on the face of the certificate. The failure of any licensee to
11 renew his or her license, as required herein and by the administrative rules
12 of the board shall not deprive such person of the right to renewal, except as
13 provided for in section 54-2214(2)5, Idaho Code.
14 (2) On and after July 1, 2007, each individual applicant for renewal of
15 an active license shall, on or before the expiration of the license, submit
16 satisfactory proof to the board of successful completion of not less than
17 thirty-two sixteen (3216) hours of board-approved continuing education every
18 two (2) years and as set forth in administrative rules adopted pursuant to
19 this chapter. The board, in its discretion, may require such additional evi-
20 dence as is necessary to verify compliance.
21 (3) Fees for licensure of physical therapists and physical therapist
22 assistants shall be fixed by the board in its administrative rules. All fees
23 shall be transmitted to the state treasurer for credit to the board's account.
24 (4) All licensed physical therapists or physical therapist assistants
25 shall report to the board any name change or changes in business and home
26 addresses prior to the expiration of thirty (30) days after the change becomes
27 final.
28 SECTION 12. That Section 54-2214, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 54-22145. RENEWAL AND REINSTATEMENT OF LICENSE. (1) Reinstatement of a
31 lapsed license shall require the payment of a renewal fee, satisfactory proof
32 of successful completion of the continuing education requirement set forth in
33 section 54-2213(2), Idaho Code, and a reinstatement fee in accordance with the
34 administrative rules adopted by the board, provided however, that no rein-
35 statement fee shall be greater in amount than fifty dollars ($50.00).
36 (2) Reinstatement of a license that has lapsed for a period of more than
37 three (3) consecutive years shall require reapplying for a license and payment
38 of fees in accordance with the administrative rules adopted by the board. The
39 individual shall successfully demonstrate to the board competency in the prac-
40 tice of physical therapy. The board may also require the applicant to take an
41 examination, remedial courses, or both, as shall be determined by the board
42 All licenses issued under the provisions of this chapter shall be subject to
43 annual renewal and shall expire unless renewed in the manner prescribed by the
44 board regarding applications for renewal, continuing education and fees.
45 License renewal and reinstatement shall be in accordance with section 67-2614,
46 Idaho Code.
47 SECTION 13. That Section 54-2215, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 54-22156. LAWFUL PRACTICE OF PHYSICAL THERAPY. (1) A physical therapist
8
1 or physical therapist assistant duly licensed in accordance with this chapter
2 is authorized to practice physical therapy as defined in this chapter.
3 (2) A physical therapist shall refer persons under his or her care to
4 appropriate health care practitioners including, but not limited to, licensed
5 medical physicians, osteopathic physicians, podiatrists, dentists or chiro-
6 practic physicians, if the physical therapist has reasonable cause to believe
7 symptoms or conditions are present that require services beyond the scope of
8 practice of physical therapy or when the physical therapist has reasonable
9 cause to believe that physical therapy is contraindicated.
10 (3) Physical therapists and physical therapist assistants shall adhere to
11 the standards of ethics of the physical therapy profession as set forth in the
12 administrative rules adopted by the board.
13 SECTION 14. That Section 54-2216, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 54-22167. USE OF TITLES AND RESTRICTIONS. (1) A physical therapist may
16 use the letters "PT" in connection with his or her name or place of business
17 to denote licensure under this chapter.
18 (2) It is unlawful for any person, or for any business entity, its
19 employees, agents or representatives to use in connection with his or her
20 name, or the name of activity of the business, the words "physical therapy,"
21 "physical therapist," "physiotherapist," "registered physical therapist," or
22 "licensed physical therapist," or the letters "PT," "LPT," "RPT," or any other
23 words, abbreviations or insignia indicating or implying directly or indirectly
24 that such person, business entity, its employees, agents or representatives
25 are engaged in the practice of physical therapy, unless such services are pro-
26 vided by or under the direction of a physical therapist licensed in accordance
27 with this chapter.
28 (3) A physical therapist assistant shall use the letters "PTA" in connec-
29 tion with his or her name to denote licensure under this chapter.
30 (4) It is unlawful for any person to use the title "physical therapist
31 assistant," "licensed physical therapist assistant," or "registered physical
32 therapist assistant," or the letters "PTA," "RPTA," or "LPTA," or any other
33 words, abbreviations or insignia in connection with his or her name to indi-
34 cate or imply, directly or indirectly, that he or she is a physical therapist
35 assistant without being licensed in accordance with this chapter as a physical
36 therapist assistant.
37 SECTION 15. That Section 54-2217, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 54-22178. SUPERVISION OF PHYSICAL THERAPIST ASSISTANTS AND SUPPORTIVE
40 PERSONNEL. (1) A licensed physical therapist shall supervise and be responsi-
41 ble for patient care given by physical therapist assistants and supportive
42 personnel. A physical therapist who delegates tasks or procedures that fall
43 within the scope of the practice of physical therapy shall supervise such
44 tasks and procedures in conformance with administrative rules adopted by the
45 board.
46 (2) A physical therapist shall adhere to the policies and procedures that
47 delineate the functions, responsibilities and supervisory relationships of
48 physical therapist assistants and supportive personnel as established by the
49 board, on the advice and counsel of the committee, in the board's administra-
50 tive rules.
9
1 SECTION 16. That Section 54-2218, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-22189. GROUNDS FOR DISCIPLINARY ACTION. The following conduct, acts,
4 or conditions shall constitute grounds for disciplinary action:
5 (1) Violating any provision of this chapter or any administrative rule
6 adopted by the board;
7 (2) Practicing or offering to practice beyond the scope of physical ther-
8 apy practice as defined in this chapter or which fails failing to meet the
9 standard of physical therapy provided by other qualified physical therapists
10 and physical therapist assistants in the same or similar communities;
11 (3) Obtaining or attempting to obtain a license by fraud, misrepresenta-
12 tion or omission;
13 (4) Engaging in the performance of substandard care by a physical thera-
14 pist due to an intentional, negligent, or reckless act or failure to act;
15 (5) Engaging in the performance of substandard care by a physical thera-
16 pist assistant, due to an intentional, negligent, or reckless act or failure
17 to act, or performing tasks not selected or delegated by the supervising
18 licensed physical therapist;
19 (6) Inadequate supervision supervising by a physical therapist of a phys-
20 ical therapist assistant and/or supportive personnel, or inadequate supervi-
21 sion supervising by a physical therapist assistant of supportive personnel in
22 accordance with this chapter and the administrative rules adopted by the
23 board;
24 (7) Having been convicted of a felony or being convicted of any crime
25 involving moral turpitude that has a bearing on any practice pursuant to this
26 chapter in the courts of this state or any other state, territory or country.
27 Conviction, as used in this paragraph subsection (7), shall include a finding
28 or verdict of guilt, an admission of guilt, or a plea of nolo contendere or
29 its equivalent. The record of conviction, or a certified copy thereof, certi-
30 fied by the clerk of the court or by the judge in whose court the conviction
31 occurred, shall be conclusive evidence of such conviction;
32 (8) Practicing as a physical therapist or working as a physical therapist
33 assistant when physical or mental abilities are impaired by the use of con-
34 trolled substances or other drugs, chemicals or alcohol;
35 (9) Having had a license revoked or suspended, other disciplinary action
36 taken or an application for licensure refused, revoked or suspended by the
37 proper authorities of another state, territory or country, or omitting such
38 information from any application to the board, or failure to divulge such
39 information when requested by the board;
40 (10) Commission of Committing any act of sexual contact, misconduct,
41 exploitation or intercourse with a patient or former patient or related to the
42 licensee's practice of physical therapy as a physical therapist or physical
43 therapist assistant., provided:
44 (a) Consent of the patient shall not be a defense.;
45 (b) This subsection (10) shall not apply to sexual contact between a
46 physical therapist or physical therapist assistant and the physical
47 therapist's or physical therapist assistant's spouse or a person in a
48 domestic relationship who is also a patient.;
49 (c) A former patient includes means a patient for whom the physical ther-
50 apist or physical therapist assistant has provided physical therapy ser-
51 vices within the last twelve (12) months.; and
52 (d) Sexual or romantic relationships with former patients beyond the
53 period of time set forth herein may also be a violation if the physical
54 therapist or physical therapist assistant uses or exploits the trust,
10
1 knowledge, emotions or influence derived from the prior professional rela-
2 tionship with the patient.;
3 (11) Directly or indirectly requesting, receiving or participating in the
4 dividing, transferring or assigning, of any referral fee from any health care
5 professional licensed or regulated by the state of Idaho, or any other third
6 party, or profiting by means of a credit or other valuable consideration such
7 as an unearned commission, discount or gratuity in connection with the fur-
8 nishing of physical therapy services. Nothing in this paragraph prohibits the
9 members, owners, shareholders or partners of any regularly and properly orga-
10 nized business entity recognized by the laws of the state of Idaho and com-
11 prised of physical therapists from dividing fees received for professional
12 services amongst themselves.;
13 (12) Failing to adhere to the recognized standards of ethics of the physi-
14 cal therapy profession as published in the administrative rules adopted by the
15 board.;
16 (13) Making misleading, deceptive, untrue or fraudulent representations in
17 violation of this chapter or in the practice of the profession, or in the
18 application process.;
19 (14) Having been adjudged mentally incompetent by a court of competent
20 jurisdiction.;
21 (15) Aiding or abetting a person not licensed in this state who directly
22 or indirectly performs activities requiring a license.;
23 (16) Failing to report to the board any act or omission of a licensee,
24 applicant, or any other person, which violates any provision of this chapter.;
25 (17) Interfering with an investigation or disciplinary proceeding by will-
26 ful misrepresentation of facts or by use of threats or harassment against any
27 patient or witness to prevent them from providing evidence in a disciplinary
28 proceeding, investigation or other legal action.;
29 (18) Failing to maintain patient confidentiality unless otherwise required
30 by law.;
31 (19) Failing to maintain adequate records. For purposes of this paragraph
32 subsection (19), "adequate patient records" means legible records that con-
33 tain, at a minimum, an evaluation of objective findings, the plan of care, and
34 the treatment record.;
35 (20) Promoting unnecessary devices, treatment, intervention or service for
36 the financial gain of the practitioner or of a third party.;
37 (21) Providing treatment intervention unwarranted by the condition of the
38 patient.;
39 (22) Failing to pay a valid judgment that arose out of any practice pursu-
40 ant to this chapter within two (2) months of the date that the judgment became
41 final;
42 (23) Failing to meet continuing education requirements as established by
43 the board.
44 SECTION 17. That Section 54-2219, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 54-221920. DISCIPLINE ACTIONS AND PROCEDURES. (1) The board shall regu-
47 late the practice of physical therapy in the state of Idaho. The licensure
48 board shall serve as an advisor to the board as prescribed in section 54-2205,
49 Idaho Code. The board is authorized to institute any investigation, hearing or
50 other legal proceeding necessary to effect compliance with this chapter.
51 (2) The board or its hearing officer, upon a finding that action is nec-
52 essary, shall have the power pursuant to this chapter to administer oaths,
53 take depositions of witnesses within or without the state in the manner pro-
11
1 vided by the administrative rules adopted by the board, and shall have power
2 throughout the state of Idaho to require the attendance of such witnesses and
3 the production of such books, records and papers as it may desire at any hear-
4 ing and for that purpose the board may issue a subpoena for any witness or a
5 subpoena duces tecum to compel the production of any books, records or papers,
6 directed to the sheriff of any county of the state of Idaho, where such wit-
7 ness resides or may be found which shall be served and returned. The board may
8 require a licensee to be examined to determine his or her mental or physical
9 competence when the board has probable cause to believe the licensee is suf-
10 fering from an impairment that might impede his or her ability to practice
11 competently.
12 (3) When it is brought to the attention of the board by the written
13 statement of any person that a person licensed under this chapter has done any
14 act or thing in violation of any provision of this chapter, the board or
15 licensure board shall immediately make an investigation of such person, and if
16 the board or licensure board finds that there is probable cause to institute
17 proceedings against such person, it shall without unnecessary delay transmit
18 to that person by mail, a copy of the charges and shall fix a day not less
19 than fourteen (14), nor more than ninety (90), days after said mailing for a
20 hearing upon the matter, said hearing shall be conducted in accordance with
21 chapter 52, title 67, Idaho Code, and with the administrative rules adopted by
22 the board.
23 (4) The board or licensure board may investigate any person to the extent
24 necessary to determine if the person is engaged in the unlawful practice of
25 physical therapy. If an investigation indicates that a person may be practic-
26 ing physical therapy unlawfully, the board or licensure board shall inform the
27 person of the alleged violation. The board may refer the matter for prosecu-
28 tion whether or not the person ceases the unlawful practice of physical ther-
29 apy.
30 (5) The board may, in the name of the people of the state of Idaho, apply
31 for injunctive relief in any court of competent jurisdiction to enjoin any
32 person from committing any act in violation of this chapter. Such injunction
33 proceedings shall be in addition to, and not in lieu of, all penalties and
34 other remedies provided for in this chapter.
35 SECTION 18. That Section 54-2220, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 54-22201. DISCIPLINARY ACTIONS -- PENALTIES. The board may, upon proof
38 that a person has violated any provision contained in this chapter, take the
39 following disciplinary actions singly or in combination:
40 (1) Issue a censure or reprimand by informal admonition for minor miscon-
41 duct found by the board. Such, which censure or reprimand by the board shall
42 have the same effect and shall be subject to the same requirements for disclo-
43 sure as a reprimand given by the board as provided in section 54-1806A shall
44 be subject to disclosure according to chapter 3, title 9, Idaho Code;
45 (2) Impose restrictions and/or conditions as to scope of practice, place
46 of practice, supervision of practice, duration of licensed status, or type or
47 condition of patient or client served. The board may require a licensee to
48 report regularly to the board on matters regarding the restricted license;
49 (3) Suspend a license, the duration of which shall be determined by the
50 board;
51 (4) Revoke a license;
52 (5) Refuse to issue or renew a license;
53 (6) Impose a reasonable fine for violation of this chapter in an amount
12
1 not to exceed a maximum amount as set forth in the administrative rules
2 adopted by the board;
3 (7) Accept a voluntary surrender of a license;
4 (8) Assess costs and attorney's fees against a licensee for any investi-
5 gation and/or administrative proceeding.
6 SECTION 19. That Section 54-2221, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 54-22212. JUDICIAL REVIEW. Any person who shall be aggrieved by any
9 action of the board in denying, refusing to renew, suspending or revoking a
10 certificate of licensure, issuing a censure, imposing any restriction upon a
11 license, or imposing any fine, may seek judicial review thereof in accordance
12 with the provisions of chapter 52, title 67, Idaho Code.
13 SECTION 20. That Section 54-2222, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 54-22223. UNLAWFUL PRACTICE -- FINES AND PENALTIES. (1) It shall be
16 unlawful for any person to practice or offer to practice physical therapy in
17 this state, or to use in connection with his or her name or otherwise assume,
18 use or advertise any title or description tending to convey the impression
19 that he or she is a physical therapist or a physical therapist assistant,
20 unless such person has been licensed under the provisions of this chapter.
21 (2) It shall be unlawful for any person to aid, abet, or require another
22 person, licensed or unlicensed, to directly or indirectly violate or evade any
23 provision of this chapter, or to combine or conspire with another person, or
24 permit one's license to be used by another person, or act as an agent, part-
25 ner, associate, or otherwise, of another person with the intent to violate or
26 evade the provisions of this chapter.
27 (3) A violation of the provisions of this chapter shall constitute a mis-
28 demeanor, and any person convicted thereof shall be fined an amount not to
29 exceed one thousand dollars ($1,000). A second conviction for a violation of
30 any provision of this chapter shall also constitute a misdemeanor, and a per-
31 son convicted of a second violation of this chapter shall be imprisoned in a
32 county jail for a period not to exceed six (6) months, or shall be fined an
33 amount not to exceed five thousand dollars ($5,000), or shall be punished by
34 both such fine and imprisonment. Any third or more conviction for a violation
35 of any provision of this chapter shall constitute a felony, and a person con-
36 victed of a third or more violation of this chapter shall be imprisoned in the
37 state prison for a period not to exceed three (3) years, or shall be fined an
38 amount not to exceed ten thousand dollars ($10,000), or shall be punished by
39 both such fine and imprisonment.
40 SECTION 21. That Chapter 22, Title 54, Idaho Code, be, and the same is
41 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
42 ignated as Section 54-2224, Idaho Code, and to read as follows:
43 54-2224. DISPOSITION OF RECEIPTS -- EXPENSES. All moneys received pursu-
44 ant to the provisions of this chapter shall be deposited in the state treasury
45 to the credit of the occupational licenses fund. All expenses incurred pursu-
46 ant to the provisions of this chapter shall be paid from the occupational
47 licenses fund.
48 SECTION 22. That Section 67-2601, Idaho Code, be, and the same is hereby
13
1 amended to read as follows:
2 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF
3 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of
4 self-governing agencies. The department shall, for the purposes of section 20,
5 article IV of the constitution of the state of Idaho, be an executive depart-
6 ment of the state government.
7 (2) The department shall consist of the following:
8 (a) Agricultural commodity commissions: Idaho apple commission, as pro-
9 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
10 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
11 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
12 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as
13 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
14 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com-
15 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
16 mission, as provided by chapter 30, title 22, Idaho Code; the Idaho wheat
17 commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
18 aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
19 (b) Professional and occupational licensing boards: Idaho state board of
20 certified public accountancy, as provided by chapter 2, title 54, Idaho
21 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho
22 Code; board of architectural examiners, as provided by chapter 3, title
23 54, Idaho Code; office of the state athletic director, as provided by
24 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
25 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
26 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic
27 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
28 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun-
29 selor licensing board, as provided by chapter 34, title 54, Idaho Code;
30 state board of dentistry, as provided by chapter 9, title 54, Idaho Code;
31 state board of denturitry, as provided by chapter 33, title 54, Idaho
32 Code; state board of engineering examiners, as provided by chapter 12,
33 title 54, Idaho Code; state board for registration of professional geolo-
34 gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing
35 services licensure board, as provided by chapter 29, title 54, Idaho Code;
36 Idaho physical therapy licensure board, as provided by chapter 22, title
37 54, Idaho Code; Idaho state board of landscape architects, as provided by
38 chapter 30, title 54, Idaho Code; liquefied petroleum gas safety board, as
39 provided by chapter 513, title 54, Idaho Code; state board of medicine, as
40 provided by chapter 18, title 54, Idaho Code, and its associated physical
41 therapist advisory board, as provided by chapter 22, title 54, Idaho
42 Code; state board of morticians, as provided by chapter 11, title 54,
43 Idaho Code; board of naturopathic medical examiners, as provided by chap-
44 ter 51, title 54, Idaho Code; board of nurses, as provided by chapter 14,
45 title 54, Idaho Code; board of examiners of nursing home administrators,
46 as provided by chapter 16, title 54, Idaho Code; state board of optometry,
47 as provided by chapter 15, title 54, Idaho Code; Idaho outfitters and
48 guides board, as provided by chapter 21, title 36, Idaho Code; board of
49 pharmacy, as provided by chapter 17, title 54, Idaho Code; state board of
50 podiatry, as provided by chapter 6, title 54, Idaho Code; Idaho state
51 board of psychologist examiners, as provided by chapter 23, title 54,
52 Idaho Code; Idaho real estate commission, as provided by chapter 20, title
53 54, Idaho Code; real estate appraiser board, as provided by chapter 41,
54 title 54, Idaho Code; board of social work examiners, as provided by chap-
14
1 ter 32, title 54, Idaho Code; the board of veterinary medicine, as pro-
2 vided by chapter 21, title 54, Idaho Code; the board of examiners of resi-
3 dential care facility administrators, as provided by chapter 42, title 54,
4 Idaho Code; and the board of drinking water and wastewater professionals,
5 as provided by chapter 24, title 54, Idaho Code.
6 (c) The board of examiners, pursuant to section 67-2001, Idaho Code.
7 (d) The division of building safety, to be headed by a division adminis-
8 trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
9 public works contractor licensing, and logging and industrial safety. The
10 division administrator and bureau chiefs shall be nonclassified employees
11 exempt from the provisions of chapter 53, title 67, Idaho Code. The admin-
12 istrator of the division shall administer the provisions of chapter 40,
13 title 39, Idaho Code, relating to manufactured homes and recreational
14 vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings;
15 chapter 21, title 44, Idaho Code, relating to manufactured home dealer and
16 installer licensing; chapter 10, title 54, Idaho Code, relating to elec-
17 trical contractors and journeymen; chapter 19, title 54, Idaho Code,
18 relating to licensing of public works contractors; chapter 26, title 54,
19 Idaho Code, relating to plumbing and plumbers; and shall perform such
20 additional duties as are imposed upon him by law. The division administra-
21 tor shall cooperate with the industrial commission and aid and assist the
22 commission in its administration of sections 72-720, 72-721 and 72-723,
23 Idaho Code, and at the request of the commission shall make inspection of
24 appliances, tools, equipment, machinery, practices or conditions, and make
25 a written report to the commission. The administrator shall make recommen-
26 dations to the commission to aid the commission in its administration of
27 sections 72-720, 72-721 and 72-723, Idaho Code, provided however, that
28 nothing herein shall be construed as transferring to the administrator any
29 of the authority or powers now vested in the industrial commission.
30 (e) The division of veterans services to be headed by a division adminis-
31 trator who shall be a nonclassified employee exempt from the provisions of
32 chapter 53, title 67, Idaho Code. The administrator of the division shall
33 administer the provisions of chapter 2, title 65, Idaho Code, and chapter
34 9, title 66, Idaho Code, with the advice of the veterans affairs commis-
35 sion established under chapter 2, title 65, Idaho Code, and shall perform
36 such additional duties as are imposed upon him by law.
37 (3) The bureau of occupational licenses is hereby created within the
38 department of self-governing agencies.
39 SECTION 23. That Section 67-2602, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational
42 licenses created in the department of self-governing agencies by section
43 67-2601, Idaho Code, shall be empowered, by written agreement between the
44 bureau and each agency for which it provides administrative or other services
45 as provided by law, to provide such services for the board of acupuncture,
46 board of architectural examiners, board of barber examiners, board of chiro-
47 practic physicians, board of cosmetology, counselor licensing board, state
48 board of denturitry, speech and hearing services licensure board, physical
49 therapy licensure board, board of landscape architects, liquefied petroleum
50 gas safety board, board of morticians, board of naturopathic medical examin-
51 ers, board of examiners of nursing home administrators, board of optometry,
52 board of podiatrists, board of psychologist examiners, real estate appraiser
53 board, board of examiners of residential care facility administrators, board
15
1 of social work examiners, and such other professional and occupational licens-
2 ing boards or commodity commissions as may request such services. The bureau
3 may charge a reasonable fee for such services provided any agency not other-
4 wise provided for by law and shall maintain proper accounting methods for all
5 funds under its jurisdiction.
6 (2) Notwithstanding the statutes governing specific boards, for any board
7 that contracts with the bureau of occupational licenses, each board member
8 shall hold office until a successor has been duly appointed and qualified.
9 (3) The department of self-governing agencies, by and through the bureau
10 of occupational licenses, shall be empowered to provide administrative or
11 other services for the administration of chapter 48, title 54, Idaho Code, to
12 issue, suspend, revoke or refuse to renew licenses and certificates, to issue
13 subpoenas, to prescribe and impose fees and to assess administrative penalties
14 pursuant to the provisions of chapter 48, title 54, Idaho Code.
STATEMENT OF PURPOSE
RS 15902
The Practice of Physical Therapy is currently governed by the
Idaho Physical Therapy Licensure Board within the Idaho State
Board of Medicine. This legislation would transfer the Idaho
Physical Therapy Licensure Board and its administration to the
Department of Self-governing Agencies under the Idaho Bureau of
Occupational Licenses.
FISCAL IMPACT
There will be no impact to the General Fund. The Board will be
self-funded through licensure fees.
CONTACT
Name: Jeremy P. Pisca
Agency: Idaho Physical Therapy Association
Phone: 384-1800
STATEMENT OF PURPOSE/FISCAL NOTE H 619