Relating to the Board of Physical Therapy; to amend Sections 34-24-191, 34-24-193, 34-24-194, 34-24-196, 34...
This bill updates the Physical Therapy Practice Act to extend the Board of Physical Therapy's authority to oversee certain professionals licensed in other states. This aims to regulate physical therapy practice more effectively.
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HB 110 — Relating to the Board of Physical Therapy; to amend Sections 34-24-191, 34-24-193, 34-24-194, 34-24-196, 34-24-210, 34-24-210.1, 34-24-211, 34-24-212, 34-24-213, 34-24-214, and 34-24-217, Code of Alabama 1975; to give the board authority over certain physical therapy professionals licensed in other states.
Last action — Enacted as 2023-480
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 21, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 1 recorded vote so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
In plain language
The bill gives the Board of Physical Therapy authority over out-of-state licensed physical therapy professionals.
This bill updates the Physical Therapy Practice Act to extend the Board of Physical Therapy's authority to oversee certain professionals licensed in other states. This aims to regulate physical therapy practice more effectively.
Summary
Physical Therapy Practice Act; to give the board authority over certain physical therapy professionals licensed in other states.
Bill Text
What changed in the latest version
617 added · 606 removedPlain-language change summary
The new version of HB 110 allows the Board of Physical Therapy in Alabama to oversee professionals who are licensed in other states but hold compact privileges to practice in Alabama. This change is significant because it streamlines the process for physical therapists and assistants from other states to work in Alabama, helping to address workforce shortages in the health care sector. Essentially, it enhances access to physical therapy services for residents while ensuring that practitioners meet the necessary licensing standards.
HB110 INTRODUCEDENROLLED G3WYC6-1G3WYC6-2 By Representative Moore (P) RFD:
21-Mar-23 2023 Regular Session Page 0 G3WYC6-1HB110 02/24/2023Enrolled MAPEnrolled, (L)An maAct, 2022-51963 2Relating 4to SYNOPSIS:the Board of Physical Therapy;
Interstate licensure compacts are legislatively enacted contractual agreements between states to allow various health professionals with compact privileges to provide services to individuals in other states.
Alabama enacted the Physical Therapy Licensure Compact on March 18, 2021, Act 2021-115.
This bill would grant the Board of Physical Therapy jurisdiction over physical therapists and physical therapy assistants licensed in other states who have compact privileges to practice in this state.
A BILL TO BE ENTITLED AN ACT Relating to the Board of Physical Therapy;
Sections 34-24-191, 34-24-193, 34-24-194, Page 1 HB110 INTRODUCED 34-24-196, 34-24-210, 34-24-210.1, 34-24-211, 34-24-212, 34-24-213, 34-24-214, and 34-24-217, Code of Alabama 1975, are amended to read as follows:
The authorization granted by a remote state to allow a licensee from another state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and Page 1 HB110 Enrolled rules.
Page 2 HB110 INTRODUCED (3)(6) IMPAIRED.
provided, that physical therapy shall be practiced only upon the referral of a physician licensed to practice medicine or surgery, a dentist licensed to practice dentistry, a licensed chiropractor, a licensed assistant to a physician acting Page 2 HB110 Enrolled pursuant to a valid supervisory agreement, or a licensed certified registered nurse practitioner in a collaborative practice agreement with a licensed physician, except as otherwise provided in this chapter.
Synonymous with the term Page 3 HB110 INTRODUCED "physical therapist," and the term shall be used to identify only those persons licensed under this article.
A person who assists in the practice of physical therapy and whose activities require an understanding of physical therapy but do not require professional or advanced training in the anatomical, biological, and physical sciences involved in the 95 practice of physical therapy.
Page 3 HB110 Enrolled (10)(13) RESTRICTED LICENSE.
(b) Words importing the masculine gender shall include the feminine." "§34-24-19395 Page"§34-24-193 4 HB110 INTRODUCED (a) It shall be the duty of t The board to shall have the following duties:
(b) The board mayshall adopt rules and regulations not inconsistent with law as it may deem necessary for the performance of its duties;, however, the board shall not issue adopt any rules or regulations that require a physical therapist assistant to be within sight of a consulting Page 4 HB110 Enrolled physical therapist or a physical therapist supervisor while working under the direction of that physical therapist, or issue adopt any rules, regulations, or issue any orders inconsistent with Section 34-24-217(b).
(c) The board shall compile a list of physical therapists and physical therapist assistants licensed to Page 5 HB110 INTRODUCED practice or granted a compact privilege in this state, and such list shall be available to any person upon application to the board and the payment of such chargea fee as may be fixed by the board.
(c)(h) The board may collect a fee from providers of Page 5 HB110 Enrolled continuing education programs.
(1)(2) The board shall promote the early identification, intervention, treatment, and rehabilitation of Page 6 HB110 INTRODUCED physical therapy licensees or compact privilege holders who may be impaired by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition.
Page 6 HB110 Enrolled (3)(4) The board may enter into an agreement with a nonprofit corporation or medical professional association for the committee to undertake those functions and responsibilities specified in the agreement, which may include any or all of the following:
Page 7 HB110 INTRODUCED e.
The committee may not disclose any personally identifiable information except as otherwise Page 7 HB110 Enrolled provided in this article.
Any nonprofit corporation or medical professional association or other Page 8 HB110 INTRODUCED entity that contracts with or receives funds from the board for the creation, support, and operation of the committee, in so doing, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
In the event of a breach of contract between the committee and Page 8 HB110 Enrolled the impaired physical therapy licensee or compact privilege holder, all records pertaining to the conduct determined to cause the breach of contract shall be disclosed to the board upon its request for disciplinary purposes only.
(7)(8) The committee shall render an annual report to Page 9 HB110 INTRODUCED the board concerning the operations and proceedings of the committee for the preceding year.
A report to the Alabama Physical Therapy Wellness Committee shall be deemed a report to the board for the purposes of any mandated reporting of physical therapy licensee impairment of a licensee or compact privilege holder otherwise provided for Page 9 HB110 Enrolled by law.
The committee shall report the findings of its evaluation to the board." "§34-24-194 (a) Any person may file a complaint with the board against any licensed physical therapist, or licensed physical Page 10 HB110 INTRODUCED therapist assistant, or compact privilege holder in the state charging the person with a violation of this article.
Any person refusing to produce any book, writing, or other documentation or to appear to testify, Page 10 HB110 Enrolled without legal excuse, at a hearing of the board, after having been served with a subpoena issued by the board requiring the person to appear, produce any book, writing, or other form of documentation or testify at the hearing, shall be guilty of contempt.
The accused party shall, on application to the board, be furnished by the board with a subpoena for any witness in his or her behalf or for the production of any book, writing, or other Page 11 HB110 INTRODUCED documentation to be used in his or her behalf at the hearing.
(d) The action of the board in revoking or refusing to issue a license or compact privilege may be reviewed by the Circuit Court of Montgomery County by a writ of mandamus, accompanied by a bond to be approved by the court, to determine whether the board acted arbitrarily, capriciously, Page 11 HB110 Enrolled or illegally.
(e) The board may restrict a license or compact privilege and may require the licensee a licensee or compact privilege holder to report regularly to the board on matters related to the reasons for the restricted license." "§34-24-196 (a) Each violation of Section 34-24-210 shall be punishable by a fine of not less than one hundred dollars ($100)$100 nor more than five hundred dollars ($500)$500, or Page 12 HB110 INTRODUCED by imprisonment for not less than 30 days nor more than 90 days, or both.
No person individual shall act nor hold himself or herself out as being Page 12 HB110 Enrolled able to act as a physical therapist assistant unless he or she is licensed or has been granted a compact privilege in accordance with this article.
Nothing in this article shall prohibit any person individual licensed to practice any other of the healing arts in this state under any other law from engaging in the practice for which he or she is licensed." "§34-24-210.1 (a) Without prescription or referral, a licensed physical therapist or compact privilege holder may perform an Page 13 HB110 INTRODUCED initial evaluation or consultation of a screening nature to determine the need for physical therapy and may perform the physical therapy and other services provided in subdivisions (1) to (5), inclusive, of subsection (b)(1) through (5).
Page 13 HB110 Enrolled (3) To a patient in a nursing home pursuant to the plan of care for the patient.
The physical therapist shall provide the health care provider who rendered Page 14 HB110 INTRODUCED the diagnosis with a plan of care for physical therapy services within the first 15 days of physical therapy intervention." "§34-24-211 (a) An applicant for licensure as a physical therapist or for a license as a physical therapist assistant shall file a written application on forms provided by the board together with a fee as set by the board, no part of which shall be returnedrefundable.
Each applicant shall also be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation Page 14 HB110 Enrolled from the federal government.
The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history Page 15 HB110 INTRODUCED background check.
Such examination shall to test the applicant's knowledge of the basic and clinical sciences as they relate to Page 15 HB110 Enrolled the practice of physical therapy, physical therapy theory and procedures, and such other subjects as the board may deem useful to test the applicant's fitness to practice physical therapy.
A practical or demonstration examination may be required Page 16 HB110 INTRODUCED if so determined by the board.
The board shall also administer a jurisprudence examination to applicants for licensure as a physical therapist assistant, which shall be a written examination approved by the board to test the applicant's knowledge of the laws and rules of the State of Alabama as they relate to the practice of physical therapy and such other subjects as the board may deem useful to test the Page 16 HB110 Enrolled applicant's knowledge of applicable law.
If the board rules determines the education to be Page 17 HB110 INTRODUCED acceptable, the routine application process will be followed.
Show all 49 changed lines (9 more)
(f) By January 1, 2024, the board shall adopt rules to implement this chapter." "§34-24-213 The board shall issue a license to each applicant who passes the appropriate examination for licensure as a physical therapist or licensure as a physical therapist assistant in accordance with standards fixed by it and who is not disqualified to receive a license under the provisions of Section 34-24-217." "§34-24-214 On Upon payment to the board of a fee set by the board Page 17 HB110 Enrolled and the submission of a written application on forms provided by the board, the board shall issue a license without examination to:
(1) A person An individual who is qualified within the meaning of this article as a physical therapist by another state of the United States of America, its possessions, or the District of Columbia, if the requirements for licensing or registration in such state, possession, or district were at the date of his or her licensing or registration by such that state substantially equal to the requirement for the initial licensing of persons individuals practicing physical therapy Page 18 HB110 INTRODUCED when this article became effective, August 20, 1965, or for licensing by examination prepared by the professional examining service as set forth in thethis article and any additional requirements prescribed by the board.
(2) A person An individual who is qualified within the meaning of this article as a physical therapist assistant by another state of the United States of America, its possessions, or the District of Columbia, if the requirements for licensing in such state, possession, or district were at the date of his or her licensing by such that state substantially equal to the requirements set forth in this article." "§34-24-217 (a) The board shall refuse to issue a license to any person individual and, after notice and hearing in accordance with its regulations and rules, shall suspend or revoke the license or compact privilege of any person individual who has Page 18 HB110 Enrolled done any of the following:
Page 19 HB110 INTRODUCED (2) Used drugs or intoxicating liquors alcoholic beverages to an extent which affects his or her professional competency;.
Page 19 HB110 Enrolled (9) Treated or undertaken to treat human ailments otherwise than by physical therapy as defined in this article;.
(b) For purposes of this article and notwithstanding any other provision of this article or any rules or regulations adopted by the board, any person licensedlicensee or compact privilege holder under this article who has a bona Page 20 HB110 INTRODUCED fide employment or independent contract with a physician, a physician group, or an entity with which a physician has a legal compensation arrangement, including fair market value wages, compensation, benefits, or rents for services or property provided, or in which a physician has a legal financial interest, including any direct or indirect ownership or investment interest, shall not be deemed to be engaged in conduct unbecoming a person licensedlicensee or compact privilege holder under this article, or to be engaged in conduct detrimental to the best interest of the public, or to be in violation of any other provision of this article by virtue of any of the above relationships, and shall not be subject to licensure or compact privilege denial, suspension, revocation, or any other disciplinary action or penalty under this article:
(1) by virtue of such employment or contract, or (2) by virtue of the provision of physical therapy services pursuant to a referral from the employing or contracting Page 20 HB110 Enrolled physician, or from a physician with a legal compensation arrangement with or a legal financial interest in the employing or contracting physician group." Section 2.
Page 21 HB110 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 27-Apr-23.
John Treadwell Clerk Senate 31-May-23 Passed Page 22
Show all 49 changed rows (9 more)
Action History
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Enrolled
Sponsors
- Moore (P) · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on
Sponsors (1)
- Moore (P)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 71 | 0 | 0 | 0 |
| D | 25 | 0 | 0 | 1 |
| Total | 101 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (102)
Subjects
Frequently asked questions
- What does HB 110 do?
- Physical Therapy Practice Act; to give the board authority over certain physical therapy professionals licensed in other states.
- Who sponsors HB 110?
- HB 110 is sponsored by Moore (P).
- What is the current status of HB 110?
- This bill has been enacted into law. Introduced March 21, 2023. Enacted.
- Where can I track HB 110?
- Track HB 110 free on One Click Politics — get push/email alerts when it moves.
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