SB 1438: Physical Therapy Board of California.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-23
Existing law, the Physical Therapy Practice Act, establishes the Physical Therapy Board of California within the Department of Consumer Affairs for the licensure, approval, and regulation of physical therapists and physical therapist assistants. Existing law, until January 1, 2023, requires the board to enforce and administer the act, and authorizes the board to appoint an executive officer.
This bill would extend the boards authority to enforce and administer the act and to appoint an executive officer until January 1, 2027.
Existing law authorizes physical therapists to treat persons within the scope of their practice, subject to certain conditions, including that treatment not extend beyond a specified period without approval from a certified physician and surgeon or podiatrist, acting within their scope of practice, following an in-person patient examination and evaluation of the patients condition. Existing law requires physical therapists to provide notice to their patients, as specified, before providing physical therapy treatment services.
This bill would authorize a physician and surgeon or podiatrist to conduct either an in-person or telehealth patient examination and evaluation of the patients condition in connection with their approval of the physical therapists plan of care. The bill would also make conforming changes to the required patient notice.
Existing law, the Physical Therapy Practice Act, establishes the Physical Therapy Board of California within the Department of Consumer Affairs for the licensure, approval, and regulation of physical therapists and physical therapist assistants. Existing law, until January 1, 2023, requires the board to enforce and administer the act, and authorizes the board to appoint an executive officer.
This bill would extend the boards authority to enforce and administer the act and to appoint an executive officer until January 1, 2027.
Existing law authorizes physical therapists to treat persons within the scope of their practice, subject to certain conditions, including that treatment not extend beyond a specified period without approval from a certified physician and surgeon or podiatrist, acting within their scope of practice, following an in-person patient examination and evaluation of the patients condition. Existing law requires physical therapists to provide notice to their patients, as specified, before providing physical therapy treatment services.
This bill would authorize a physician and surgeon or podiatrist to conduct either an in-person or telehealth patient examination and evaluation of the patients condition in connection with their approval of the physical therapists plan of care. The bill would also make conforming changes to the required patient notice.
Existing law, the Physical Therapy Practice Act, establishes the Physical Therapy Board of California within the Department of Consumer Affairs for the licensure, approval, and regulation of physical therapists and physical therapist assistants. Existing law, until January 1, 2023, requires the board to enforce and administer the act, and authorizes the board to appoint an executive officer.
This bill would extend the boards authority to enforce and administer the act and to appoint an executive officer until January 1, 2027.
Existing law authorizes physical therapists to treat persons within the scope of their practice, subject to certain conditions, including that treatment not extend beyond a specified period without approval from a certified physician and surgeon or podiatrist, acting within their scope of practice, following an in-person patient examination and evaluation of the patients condition. Existing law requires physical therapists to provide notice to their patients, as specified, before providing physical therapy treatment services.
This bill would authorize a physician and surgeon or podiatrist to conduct either an in-person or telehealth patient examination and evaluation of the patients condition in connection with their approval of the physical therapists plan of care. The bill would also make conforming changes to the required patient notice.
Existing law, the Physical Therapy Practice Act, establishes the Physical Therapy Board of California within the Department of Consumer Affairs for the licensure, approval, and regulation of physical therapists and physical therapist assistants. Existing law law, until January 1, 2023, requires the board to enforce and administer the act. Existing law repeals the above provision establishing the board on January 1, 2023. act, and authorizes the board to appoint an executive officer.
This bill would instead repeal that provision on extend the boards authority to enforce and administer the act and to appoint an executive officer until January 1, 2027.
Existing law, the Physical Therapy Practice Act, establishes the Physical Therapy Board of California within the Department of Consumer Affairs for the licensure, approval, and regulation of physical therapists and physical therapist assistants. Existing law requires the board to meet at least 3 times each calendar year meeting at least once each calendar year in northern California and once each calendar year in southern California. Existing law authorizes the board to hold special meetings at any time and place as designated by the board. enforce and administer the act. Existing law repeals the above provision establishing the board on January 1, 2023.
This bill would require the board to provide remote access to participants who are unable to attend in person. instead repeal that provision on January 1, 2027.
Existing law, the Physical Therapy Practice Act, establishes the Physical Therapy Board of California within the Department of Consumer Affairs for the licensure, approval, and regulation of physical therapists and physical therapist assistants. Existing law requires the board to meet at least 3 times each calendar year meeting at least once each calendar year in northern California and once each calendar year in southern California. Existing law authorizes the board to hold special meetings at any time and place as designated by the board.
This bill would require the board to provide remote access to participants who are unable to attend in person.
(a)The Physical Therapy Board of California, hereafter referred to as the board, shall enforce and administer this chapter.
(b)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(c)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 2607.5 of the Business and Professions Code is amended to read:2607.5.(a)The board may employ an executive officer exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.
(b)The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and their services shall be a charge against it.
(c)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 3.Section 2620.1 of the Business and Professions Code is amended to read:2620.1.(a)In addition to receiving those services authorized by Section 2620, a person may initiate physical therapy treatment directly from a licensed physical therapist if the treatment is within the scope of practice of physical therapists, as defined in Section 2620, and all of the following conditions are met:
(1)If, at any time, the physical therapist has reason to believe that the patient has signs or symptoms of a condition that requires treatment beyond the scope of practice of a physical therapist or the patient is not progressing toward documented treatment goals as demonstrated by objective, measurable, or functional improvement, the physical therapist shall refer the patient to a person holding a physician and surgeons certificate issued by the Medical Board of California or by the Osteopathic Medical Board of California or to a person licensed to practice dentistry, podiatric medicine, or chiropractic.
(2)The physical therapist shall comply with Section 2633, and shall disclose to the patient any financial interest they have in treating the patient and, if working in a physical therapy corporation, shall comply with Article 6 (commencing with Section 650) of Chapter 1.
(3)With the patients written authorization, the physical therapist shall notify the patients physician and surgeon, if any, that the physical therapist is treating the patient.
(4)The physical therapist shall not continue treating the patient beyond 45 calendar days or 12 visits, whichever occurs first, without receiving, from a person holding a physician and surgeons certificate from the Medical Board of California or the Osteopathic Medical Board of California or from a person holding a certificate to practice podiatric medicine from the Podiatric Medical Board of California and acting within their scope of practice, a dated signature on the physical therapists plan of care indicating approval of the physical therapists plan of care. Approval of the physical therapists plan of care shall include an in-person or telehealth patient examination and evaluation of the patients condition, as determined by the physician and surgeon or podiatrist, and, if indicated, testing by the physician and surgeon or podiatrist.
(b)The conditions in paragraph (4) of subdivision (a) do not apply to a physical therapist under either of the following circumstances:
(1)When the physical therapist is only providing wellness physical therapy services to a patient as described in subdivision (a) of Section 2620.
(2)Pursuant to Section 56363 of the Education Code or Section 7572 of the Government Code, when the physical therapist is providing physical therapy services as part of an individualized family service plan or an individualized education plan pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the individual receiving those services does not have a medical diagnosis.
(c)(1)This section does not expand or modify the scope of practice for physical therapists set forth in Section 2620, including the prohibition on a physical therapist diagnosing a disease.
(2)This section does not restrict or alter the scope of practice of any other health care professional.
(d)Nothing in this section shall be construed to require a health care service plan, insurer, workers compensation insurance plan, employer, or state program to provide coverage for direct access to treatment by a physical therapist.
(e)When a person initiates physical therapy treatment services directly, pursuant to this section, the physical therapist shall not perform physical therapy treatment services without first providing the following notice to the patient, orally and in writing, in at least 14-point type and signed by the patient:
Direct Physical Therapy Treatment Services
You are receiving direct physical therapy treatment services from an individual who is a physical therapist licensed by the Physical Therapy Board of California.
Under California law, you may continue to receive direct physical therapy treatment services for a period of up to 45 calendar days or 12 visits, whichever occurs first, after which time a physical therapist may continue providing you with physical therapy treatment services only after receiving, from a person holding a physician and surgeons certificate issued by the Medical Board of California or by the Osteopathic Medical Board of California, or from a person holding a certificate to practice podiatric medicine from the Podiatric Medical Board of California and acting within their scope of practice, a dated signature on the physical therapists plan of care indicating approval of the physical therapists plan of care and that an in-person or telehealth patient examination and evaluation was conducted by the physician and surgeon or podiatrist.
Patients Signature/Date
(a)The Physical Therapy Board of California, hereafter referred to as the board, shall enforce and administer this chapter.
(b)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(c)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 2607.5 of the Business and Professions Code is amended to read:2607.5.(a)The board may employ an executive officer exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.
(b)The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and their services shall be a charge against it.
(c)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 3.Section 2620.1 of the Business and Professions Code is amended to read:2620.1.(a)In addition to receiving those services authorized by Section 2620, a person may initiate physical therapy treatment directly from a licensed physical therapist if the treatment is within the scope of practice of physical therapists, as defined in Section 2620, and all of the following conditions are met:
(1)If, at any time, the physical therapist has reason to believe that the patient has signs or symptoms of a condition that requires treatment beyond the scope of practice of a physical therapist or the patient is not progressing toward documented treatment goals as demonstrated by objective, measurable, or functional improvement, the physical therapist shall refer the patient to a person holding a physician and surgeons certificate issued by the Medical Board of California or by the Osteopathic Medical Board of California or to a person licensed to practice dentistry, podiatric medicine, or chiropractic.
(2)The physical therapist shall comply with Section 2633, and shall disclose to the patient any financial interest they have in treating the patient and, if working in a physical therapy corporation, shall comply with Article 6 (commencing with Section 650) of Chapter 1.
(3)With the patients written authorization, the physical therapist shall notify the patients physician and surgeon, if any, that the physical therapist is treating the patient.
(4)The physical therapist shall not continue treating the patient beyond 45 calendar days or 12 visits, whichever occurs first, without receiving, from a person holding a physician and surgeons certificate from the Medical Board of California or the Osteopathic Medical Board of California or from a person holding a certificate to practice podiatric medicine from the Podiatric Medical Board of California and acting within their scope of practice, a dated signature on the physical therapists plan of care indicating approval of the physical therapists plan of care. Approval of the physical therapists plan of care shall include an in-person or telehealth patient examination and evaluation of the patients condition, as determined by the physician and surgeon or podiatrist, and, if indicated, testing by the physician and surgeon or podiatrist.
(b)The conditions in paragraph (4) of subdivision (a) do not apply to a physical therapist under either of the following circumstances:
(1)When the physical therapist is only providing wellness physical therapy services to a patient as described in subdivision (a) of Section 2620.
(2)Pursuant to Section 56363 of the Education Code or Section 7572 of the Government Code, when the physical therapist is providing physical therapy services as part of an individualized family service plan or an individualized education plan pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the individual receiving those services does not have a medical diagnosis.
(c)(1)This section does not expand or modify the scope of practice for physical therapists set forth in Section 2620, including the prohibition on a physical therapist diagnosing a disease.
(2)This section does not restrict or alter the scope of practice of any other health care professional.
(d)Nothing in this section shall be construed to require a health care service plan, insurer, workers compensation insurance plan, employer, or state program to provide coverage for direct access to treatment by a physical therapist.
(e)When a person initiates physical therapy treatment services directly, pursuant to this section, the physical therapist shall not perform physical therapy treatment services without first providing the following notice to the patient, orally and in writing, in at least 14-point type and signed by the patient:
Direct Physical Therapy Treatment Services
You are receiving direct physical therapy treatment services from an individual who is a physical therapist licensed by the Physical Therapy Board of California.
Under California law, you may continue to receive direct physical therapy treatment services for a period of up to 45 calendar days or 12 visits, whichever occurs first, after which time a physical therapist may continue providing you with physical therapy treatment services only after receiving, from a person holding a physician and surgeons certificate issued by the Medical Board of California or by the Osteopathic Medical Board of California, or from a person holding a certificate to practice podiatric medicine from the Podiatric Medical Board of California and acting within their scope of practice, a dated signature on the physical therapists plan of care indicating approval of the physical therapists plan of care and that an in-person or telehealth patient examination and evaluation was conducted by the physician and surgeon or podiatrist.
Patients Signature/Date
(a)The Physical Therapy Board of California, hereafter referred to as the board, shall enforce and administer this chapter.
(b)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(c)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 2607.5 of the Business and Professions Code is amended to read:2607.5.(a)The board may employ an executive officer exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.
(b)The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and their services shall be a charge against it.
(c)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 3.Section 2620.1 of the Business and Professions Code is amended to read:2620.1.(a)In addition to receiving those services authorized by Section 2620, a person may initiate physical therapy treatment directly from a licensed physical therapist if the treatment is within the scope of practice of physical therapists, as defined in Section 2620, and all of the following conditions are met:
(1)If, at any time, the physical therapist has reason to believe that the patient has signs or symptoms of a condition that requires treatment beyond the scope of practice of a physical therapist or the patient is not progressing toward documented treatment goals as demonstrated by objective, measurable, or functional improvement, the physical therapist shall refer the patient to a person holding a physician and surgeons certificate issued by the Medical Board of California or by the Osteopathic Medical Board of California or to a person licensed to practice dentistry, podiatric medicine, or chiropractic.
(2)The physical therapist shall comply with Section 2633, and shall disclose to the patient any financial interest he or she has they have in treating the patient and, if working in a physical therapy corporation, shall comply with Article 6 (commencing with Section 650) of Chapter 1.
(3)With the patients written authorization, the physical therapist shall notify the patients physician and surgeon, if any, that the physical therapist is treating the patient.
(4)The physical therapist shall not continue treating the patient beyond 45 calendar days or 12 visits, whichever occurs first, without receiving, from a person holding a physician and surgeons certificate from the Medical Board of California or the Osteopathic Medical Board of California or from a person holding a certificate to practice podiatric medicine from the California Board of Podiatric Medicine Podiatric Medical Board of California and acting within his or her their scope of practice, a dated signature on the physical therapists plan of care indicating approval of the physical therapists plan of care. Approval of the physical therapists plan of care shall include an in-person or telehealth patient examination and evaluation of the patients condition condition, as determined by the physician and surgeon or podiatrist, and, if indicated, testing by the physician and surgeon or podiatrist.
(b)The conditions in paragraph (4) of subdivision (a) do not apply to a physical therapist under either of the following circumstances:
(1)When he or she the physical therapist is only providing wellness physical therapy services to a patient as described in subdivision (a) of Section 2620.
(2)Pursuant to Section 56363 of the Education Code or Section 7572 of the Government Code, when he or she the physical therapist is providing physical therapy services as part of an individualized family service plan or an individualized education plan pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the individual receiving those services does not have a medical diagnosis.
(c)(1)This section does not expand or modify the scope of practice for physical therapists set forth in Section 2620, including the prohibition on a physical therapist diagnosing a disease.
(2)This section does not restrict or alter the scope of practice of any other health care professional.
(d)Nothing in this section shall be construed to require a health care service plan, insurer, workers compensation insurance plan, employer, or state program to provide coverage for direct access to treatment by a physical therapist.
(e)When a person initiates physical therapy treatment services directly, pursuant to this section, the physical therapist shall not perform physical therapy treatment services without first providing the following notice to the patient, orally and in writing, in at least 14-point type and signed by the patient:
Direct Physical Therapy Treatment Services
You are receiving direct physical therapy treatment services from an individual who is a physical therapist licensed by the Physical Therapy Board of California.
Under California law, you may continue to receive direct physical therapy treatment services for a period of up to 45 calendar days or 12 visits, whichever occurs first, after which time a physical therapist may continue providing you with physical therapy treatment services only after receiving, from a person holding a physician and surgeons certificate issued by the Medical Board of California or by the Osteopathic Medical Board of California, or from a person holding a certificate to practice podiatric medicine from the California Board of Podiatric Medicine Podiatric Medical Board of California and acting within his or her their scope of practice, a dated signature on the physical therapists plan of care indicating approval of the physical therapists plan of care and that an in-person or telehealth patient examination and evaluation was conducted by the physician and surgeon or podiatrist.
Patients Signature/Date
(a)The Physical Therapy Board of California, hereafter referred to as the board, shall enforce and administer this chapter.
(b)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(c)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 2607.5 of the Business and Professions Code is amended to read:2607.5.(a)The board may employ an executive officer exempt from the provisions of the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.
(b)The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and their services shall be a charge against it.
(c)This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed.
(a)The Physical Therapy Board of California, hereafter referred to as the board, shall enforce and administer this chapter.
(b)This section shall remain in effect only until January 1, 2023, 2027, and as of that date is repealed.
(c)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SECTION 1.Section 2611 of the Business and Professions Code is amended to read:2611.The board shall meet at least three times each calendar year, meeting at least once each calendar year in northern California and once each calendar year in southern California. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place as the board may designate. At all meetings, the board shall provide remote access to participants who are unable to attend in person. Four members of the board shall constitute a quorum for the transaction of business.The board shall meet at least three times each calendar year, meeting at least once each calendar year in northern California and once each calendar year in southern California. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place as the board may designate. At all meetings, the board shall provide remote access to participants who are unable to attend in person. Four members of the board shall constitute a quorum for the transaction of business.
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Date
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Status
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|---|---|
| Sep 23, 2022 | Chaptered by Secretary of State. Chapter 509, Statutes of 2022. |
| Sep 23, 2022 | Approved by the Governor. |
| Sep 9, 2022 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 30, 2022 | Assembly amendments concurred in. (Ayes 38. Noes 0. Page 5343.) Ordered to engrossing and enrolling. |
| Aug 30, 2022 | Ordered to special consent calendar. |
| Aug 22, 2022 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 22, 2022 | Read third time. Passed. (Ayes 77. Noes 0. Page 6014.) Ordered to the Senate. |
| Aug 15, 2022 | Read second time. Ordered to third reading. |
| Aug 11, 2022 | From committee: Do pass. (Ayes 16. Noes 0.) (August 11). |
| Aug 11, 2022 | Joint Rule 62(a) suspended. |
| Aug 10, 2022 | August 10 set for first hearing. Placed on suspense file. |
| Aug 3, 2022 | August 3 hearing postponed by committee. |
| Jun 29, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 28, 2022 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (June 28). |
| Jun 2, 2022 | Referred to Com. on B. & P. |
| May 26, 2022 | In Assembly. Read first time. Held at Desk. |
| May 25, 2022 | Read third time. Passed. (Ayes 39. Noes 0. Page 3937.) Ordered to the Assembly. |
| May 23, 2022 | Ordered to special consent calendar. |
| May 19, 2022 | From committee: Do pass. (Ayes 7. Noes 0. Page 3797.) (May 19). |
| May 13, 2022 | Set for hearing May 19. |
| May 9, 2022 | May 9 hearing: Placed on APPR suspense file. |
| Apr 29, 2022 | Set for hearing May 9. |
| Apr 20, 2022 | Withdrawn from committee. |
| Apr 19, 2022 | Read second time and amended. Re-referred to Com. on JUD. |
| Apr 18, 2022 | From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 13. Noes 0. Page 3413.) (April 18). |
| Apr 7, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D. |
| Mar 16, 2022 | Set for hearing April 18. |
| Mar 9, 2022 | Referred to Coms. on B., P. & E.D. and JUD. |
| Feb 22, 2022 | From printer. |
| Feb 18, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 30, 2022 | Special Consent SB1438 | Senate Floor |
Passed |
|
| Aug 22, 2022 | SB 1438 Roth Senate Third Reading By Berman | Assembly Floor |
Passed |
|
| May 25, 2022 | Special Consent SB1438 | Senate Floor |
Passed |
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Positions by individuals are not included.
Bill Author
Bill Co-Author(s):
