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Sub. S. B. No. 35 As Passed by the Senate
As Passed by the Senate
125th General Assembly | Regular Session | 2003-2004 |
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Senators Nein, Mumper, Spada, Blessing, Miller, Dann, Fingerhut, Prentiss, Robert Gardner
A BILL
To amend sections 4755.40 and 4755.48 and to enact section 4755.481 of
the Revised Code to permit, under certain circumstances, the practice of physical therapy other
than pursuant to the prescription or referral of a
physician, dentist, podiatrist, or chiropractor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4755.40 and 4755.48 be amended and section 4755.481 of the
Revised Code be enacted to read as follows: Sec. 4755.40. As used in sections 4755.40 to 4755.56
and
4755.99 of the Revised Code: (A) "Physical therapy" means the evaluation and treatment
of
a person by physical measures and the use of therapeutic
exercises
and rehabilitative procedures, with or without
assistive devices,
for the purpose of preventing, correcting, or
alleviating any
disability.
If performed by a person who is adequately trained,
physical therapy
includes the design, fabrication, revision,
education, and
instruction in the use of various assistive devices
including braces, splints,
ambulatory or locomotion devices,
wheelchairs, prosthetics, and
orthotics. Physical therapy
includes the administration of topical
drugs that have been
prescribed by a licensed health professional authorized
to
prescribe drugs, as defined in section 4729.01 of the Revised
Code. Physical
therapy
also includes the
establishment and
modification of
physical therapy programs,
treatment planning,
instruction, and
consultative services.
Physical measures include
massage, heat,
cold, air, light, water,
electricity, sound, and
the performance
of tests of neuromuscular
function as an aid to
such treatment.
Physical therapy does not
include the
medical diagnosis
of a
patient's disability, the use
of
Roentgen rays or radium for
diagnostic or therapeutic purposes,
or the use of electricity for
cauterization or other surgical
purposes. Physical therapy
includes physiotherapy. (B) "Physical therapist" means a person who practices or
teaches physical therapy and includes physiotherapist. (C) "Physical therapist assistant" means a person who
assists in the provision of physical therapy treatments under the
supervision of a physical therapist, or teaches physical therapy
under the supervision of a physical therapist, and includes
physical therapy assistant. (D) "Supervision" means the availability and
responsibility
of the supervisor for direction of the actions of
the person
supervised.
Sec. 4755.48. (A) No person shall employ fraud or
deception
in applying for or securing a license to practice
physical therapy
or to be a physical therapist assistant. (B) No person shall practice or in any way
claim to the
public to be able to practice physical therapy, including
practice
as a physical therapist assistant, unless the person
holds a
valid
license under sections 4755.40 to 4755.56 of the
Revised
Code or
except as provided in section 4755.53 of the Revised
Code. (C) No person shall use the words or letters, physical
therapist, physical therapy, physiotherapist, licensed physical
therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T., D.P.T., M.S.P.T., P.T.A., physical therapy
assistant, physical therapist assistant, physical therapy
technician, licensed physical therapist assistant, L.P.T.A.,
R.P.T.A., or any other letters, words, abbreviations, or
insignia,
indicating or implying that the person is a
physical therapist
or
physical therapist assistant without a valid license under
sections 4755.40 to 4755.56 of the Revised Code. (D) No person who practices physical therapy or assists in
the provision of physical therapy treatments under the
supervision
of a physical therapist shall fail to display the
person's
current
license granted under sections 4755.40 to
4755.56 of the
Revised
Code in a conspicuous location in the place where the
person
spends the major part of the person's time so engaged. (E) Nothing in sections 4755.40 to 4755.56 of the
Revised
Code shall affect or interfere with the performance of the duties
of any physical therapist or physical therapist assistant in
active service in the army, navy, coast guard, marine corps, air
force, public health service, or marine hospital service of the
United States, while so serving. (F)
No person shall practice physical therapy other than
on
the prescription of, or the referral of a patient by, a person
who
is licensed in this or another state to practice medicine and
surgery, chiropractic, dentistry, osteopathic medicine and
surgery, or
podiatry
podiatric medicine and surgery, within the scope of such practices, and
whose license is in good standing, unless either of the following conditions is met:
(1) The person holds a master's or doctorate degree from a professional physical therapy program that is accredited by a national accreditation agency recognized by the United States department of education and by the Ohio occupational therapy, physical therapy, and athletic trainers board.
(2) On or before December 31, 2003, the person has completed at least two years of practical experience as a licensed physical therapist. (G) In the prosecution of any person for violation of
division (B) or (C) of this section, it is not necessary to
allege
or prove want of a valid license to practice physical
therapy or
to practice as a physical therapist assistant, but
such matters
shall be a matter of defense to be established by
the accused.
Sec. 4755.481. (A) If a physical therapist evaluates and treats a patient without the prescription of, or the referral of the patient by, a person who is licensed to practice medicine and surgery, chiropractic, dentistry, osteopathic medicine and surgery, or podiatric medicine and surgery, all of the following apply: (1) The physical therapist shall, upon consent of the patient, inform the patient's physician, chiropractor, dentist, or podiatrist of the evaluation within thirty days after the evaluation is made.
(2) If the physical therapist determines, based on reasonable evidence, that no substantial progress has been made with respect to that patient during the thirty-day period immediately following the date of the patient's initial visit with the physical therapist, the physical therapist shall consult with or refer the patient to a licensed physician, chiropractor, dentist, or podiatrist, unless either of the following applies:
(a) The evaluation, treatment, or services are being provided for fitness, wellness, or prevention purposes.
(b) The patient previously was diagnosed with chronic, neuromuscular, or developmental conditions and the evaluation, treatment, or services are being provided for problems or symptoms associated with one or more of those previously diagnosed conditions.
(3) If, at any time, the physical therapist has reason to believe that the patient has symptoms or conditions that require treatment or services beyond the physical therapist's expertise, the physical therapist shall refer the patient to a health care practitioner with the appropriate expertise.
(B) Nothing in sections 4755.40 to 4755.56 of the Revised Code shall be construed to require reimbursement under any health insuring corporation policy, contract, or agreement, any sickness and accident insurance policy, the medical assistance program as defined in section 5111.01 of the Revised Code, or the health partnership program or qualified health plans established pursuant to sections 4121.44 to 4121.443 of the Revised Code, for any physical therapy service rendered without the prescription of, or the referral of the patient by, a licensed physician, chiropractor, dentist, or podiatrist.
Section 2. That existing sections 4755.40 and 4755.48 of the Revised Code are hereby repealed.
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