As Reported by the Senate Insurance, Commerce and Labor Committee

125th General Assembly
Regular Session
2003-2004
Sub. S. B. No. 35


Senators Nein, Mumper, Spada, Blessing, Miller, Dann, Fingerhut, Prentiss 



A BILL
To amend sections 4755.40 and 4755.48 and to enact 1
section 4755.481 of the Revised Code to permit, 2
under certain circumstances, the practice of 3
physical therapy other than pursuant to the 4
prescription or referral of a physician, dentist, 5
podiatrist, or chiropractor.6


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 4755.40 and 4755.48 be amended and 7
section 4755.481 of the Revised Code be enacted to read as 8
follows:9

       Sec. 4755.40.  As used in sections 4755.40 to 4755.56 and10
4755.99 of the Revised Code:11

       (A) "Physical therapy" means the evaluation and treatment of12
a person by physical measures and the use of therapeutic exercises13
and rehabilitative procedures, with or without assistive devices,14
for the purpose of preventing, correcting, or alleviating any15
disability. If performed by a person who is adequately trained,16
physical therapy includes the design, fabrication, revision,17
education, and instruction in the use of various assistive devices18
including braces, splints, ambulatory or locomotion devices,19
wheelchairs, prosthetics, and orthotics. Physical therapy includes 20
the administration of topical drugs that have been prescribed by a 21
licensed health professional authorized to prescribe drugs, as 22
defined in section 4729.01 of the Revised Code. Physical therapy23
also includes the establishment and modification of physical 24
therapy programs, treatment planning, instruction, and25
consultative services. Physical measures include massage, heat,26
cold, air, light, water, electricity, sound, and the performance27
of tests of neuromuscular function as an aid to such treatment.28
Physical therapy does not include the medical diagnosis of a29
patient's disability, the use of Roentgen rays or radium for30
diagnostic or therapeutic purposes, or the use of electricity for31
cauterization or other surgical purposes. Physical therapy32
includes physiotherapy.33

       (B) "Physical therapist" means a person who practices or34
teaches physical therapy and includes physiotherapist.35

       (C) "Physical therapist assistant" means a person who assists 36
in the provision of physical therapy treatments under the37
supervision of a physical therapist, or teaches physical therapy38
under the supervision of a physical therapist, and includes39
physical therapy assistant.40

       (D) "Supervision" means the availability and responsibility41
of the supervisor for direction of the actions of the person42
supervised.43

       Sec. 4755.48.  (A) No person shall employ fraud or deception44
in applying for or securing a license to practice physical therapy45
or to be a physical therapist assistant.46

       (B) No person shall practice or in any way claim to the47
public to be able to practice physical therapy, including practice48
as a physical therapist assistant, unless the person holds a valid49
license under sections 4755.40 to 4755.56 of the Revised Code or50
except as provided in section 4755.53 of the Revised Code.51

       (C) No person shall use the words or letters, physical52
therapist, physical therapy, physiotherapist, licensed physical53
therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T., D.P.T., 54
M.S.P.T., P.T.A., physical therapy assistant, physical therapist 55
assistant, physical therapy technician, licensed physical 56
therapist assistant, L.P.T.A., R.P.T.A., or any other letters, 57
words, abbreviations, or insignia, indicating or implying that the 58
person is a physical therapist or physical therapist assistant 59
without a valid license under sections 4755.40 to 4755.56 of the 60
Revised Code.61

       (D) No person who practices physical therapy or assists in62
the provision of physical therapy treatments under the supervision63
of a physical therapist shall fail to display the person's current64
license granted under sections 4755.40 to 4755.56 of the Revised65
Code in a conspicuous location in the place where the person66
spends the major part of the person's time so engaged.67

       (E) Nothing in sections 4755.40 to 4755.56 of the Revised68
Code shall affect or interfere with the performance of the duties69
of any physical therapist or physical therapist assistant in70
active service in the army, navy, coast guard, marine corps, air71
force, public health service, or marine hospital service of the72
United States, while so serving.73

       (F) No person shall practice physical therapy other than on74
the prescription of, or the referral of a patient by, a person who75
is licensed in this or another state to practice medicine and76
surgery, chiropractic, dentistry, osteopathic medicine and77
surgery, or podiatrypodiatric medicine and surgery, within the 78
scope of such practices, and whose license is in good standing, 79
unless either of the following conditions is met:80

        (1) The person holds a master's or doctorate degree from a 81
professional physical therapy program that is accredited by a 82
national accreditation agency recognized by the United States 83
department of education and by the Ohio occupational therapy, 84
physical therapy, and athletic trainers board.85

        (2) On or before December 31, 2003, the person has completed 86
at least two years of practical experience as a licensed physical 87
therapist.88

       (G) In the prosecution of any person for violation of89
division (B) or (C) of this section, it is not necessary to allege90
or prove want of a valid license to practice physical therapy or91
to practice as a physical therapist assistant, but such matters92
shall be a matter of defense to be established by the accused.93

       Sec. 4755.481. (A) If a physical therapist evaluates and 94
treats a patient without the prescription of, or the referral of 95
the patient by, a person who is licensed to practice medicine and 96
surgery, chiropractic, dentistry, osteopathic medicine and 97
surgery, or podiatric medicine and surgery, all of the following 98
apply:99

       (1) The physical therapist shall, upon consent of the 100
patient, inform the patient's physician, chiropractor, dentist, or 101
podiatrist of the evaluation within thirty days after the 102
evaluation is made.103

        (2) If the physical therapist determines, based on reasonable 104
evidence, that no substantial progress has been made with respect 105
to that patient during the thirty-day period immediately following 106
the date of the patient's initial visit with the physical 107
therapist, the physical therapist shall consult with or refer the 108
patient to a licensed physician, chiropractor, dentist, or 109
podiatrist, unless either of the following applies:110

        (a) The evaluation, treatment, or services are being provided 111
for fitness, wellness, or prevention purposes.112

        (b) The patient previously was diagnosed with chronic, 113
neuromuscular, or developmental conditions and the evaluation, 114
treatment, or services are being provided for problems or symptoms 115
associated with one or more of those previously diagnosed 116
conditions.117

        (3) If, at any time, the physical therapist has reason to 118
believe that the patient has symptoms or conditions that require 119
treatment or services beyond the physical therapist's expertise, 120
the physical therapist shall refer the patient to a health care 121
practitioner with the appropriate expertise.122

        (B) Nothing in sections 4755.40 to 4755.56 of the Revised 123
Code shall be construed to require reimbursement under any health 124
insuring corporation policy, contract, or agreement, any sickness 125
and accident insurance policy, the medical assistance program as 126
defined in section 5111.01 of the Revised Code, or the health 127
partnership program or qualified health plans established pursuant 128
to sections 4121.44 to 4121.443 of the Revised Code, for any 129
physical therapy service rendered without the prescription of, or 130
the referral of the patient by, a licensed physician, 131
chiropractor, dentist, or podiatrist.132

       Section 2. That existing sections 4755.40 and 4755.48 of the 133
Revised Code are hereby repealed.134