SB-0151, As Passed House, June 18, 2009

SUBSTITUTE FOR

SENATE BILL NO. 151

      A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 16335, 17801, 17820, and 17821 (MCL

333.16335, 333.17801, 333.17820, and 333.17821), section 16335 as

added by 1993 PA 80, section 17801 as amended by 1987 PA 213, and

sections 17820 and 17821 as amended by 2006 PA 387, and by adding

sections 17823, 17824, 17825, 17826, and 17827.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 16335. Fees for a person licensed or seeking licensure

 2  to engage in the practice of physical therapy or practice as a

 3  physical therapist assistant under part 178 are as follows:

4       (a) Application processing fee..................  $  20.00

5       (b) Examination fees:

1           Jurisprudence examination only..............     25.00

2       (c) License fee, per year......................50.00 90.00

3       (d) Temporary license...........................     20.00

4  (d) (e) Limited license, per year...............     25.00

 5        Sec. 17801. (1) As used in this part:

 6        (a) "Physical therapist" means an individual licensed under

 7  this article to engage in the practice of physical therapy.

 8  (b) "Physical therapist assistant" means an individual with

 9  a health profession subfield license under this part who assists

10  a physical therapist in physical therapy intervention.

11        (c) "Practice as physical therapist assistant" means the

12  practice of physical therapy performed under the supervision of a

13  physical therapist licensed under this part.

14  (d) (b) "Practice of physical therapy" means the evaluation

15  of, education of, consultation with, or treatment of an

16  individual by the employment of effective properties of physical

17  measures and the use of therapeutic exercises and rehabilitative

18  procedures, with or without assistant assistive devices, for the

19  purpose of preventing, correcting, or alleviating a physical or

20  mental disability. It Physical therapy includes treatment

21  planning, performance of tests and measurements, interpretation

22  of referrals, initiation of referrals, instruction, consultative

23  services, and supervision of personnel. Physical measures include

24  massage, mobilization, heat, cold, air, light, water,

25  electricity, and sound. Practice of physical therapy does not

26  include the identification of underlying medical problems or

27  etiologies, establishment of medical diagnoses, or the

 1  prescribing of treatment.

 2        (2) In addition to the definitions in this part, article 1

 3  contains general definitions and principles of construction

 4  applicable to all articles in this code and part 161 contains

 5  definitions applicable to this part.

 6        Sec. 17820. (1) A person shall not engage in the practice of

 7  physical therapy or practice as a physical therapist assistant

 8  unless licensed or otherwise authorized by under this article

 9  part. A person shall engage in the actual treatment of an

10  individual only upon the prescription of an individual holding a

11  license issued under part 166, 170, 175, or 180, or the

12  equivalent license issued by another state.

13        (2) The following words, titles, or letters or a combination

14  thereof, with or without qualifying words or phrases, are

15  restricted in use only to those persons authorized under this

16  part to use the terms and in a way prescribed in this part:

17  "physical therapy", "physical therapist", "physiotherapist",

18  "physiotherapy", "registered physical therapist", "licensed

19  physical therapist", "physical therapy technician", "physical

20  therapist assistant", "physical therapy assistant",

21  "physiotherapist assistant", "physiotherapy assistant", "p.t.

22  assistant", "p.t.", "r.p.t.", "l.p.t.", "c.p.t.", "d.p.t.",

23  "m.p.t.", "p.t.a.", "registered p.t.a.", "licensed p.t.a.",

24  "certified p.t.a.", "c.p.t.a.", "l.p.t.a.", "r.p.t.a.", and

25  "p.t.t.".

26        Sec. 17821. (1) The Michigan board of physical therapy is

27  created in the department and shall consist of the following 9 11

 1  voting members who shall meet the requirements of part 161: 5 6

 2  physical therapists, 1 physical therapist assistant, and 4 public

 3  members.

 4        (2) The terms of office of the individual members of the

 5  board created under this section, except those appointed to fill

 6  vacancies, expire 4 years after appointment on December 31 of the

 7  year in which the term expires.

 8  Sec. 17823. The department, in consultation with the board,

 9  shall promulgate rules to establish professional development

10  requirements for physical therapists and physical therapist

11  assistants. Notwithstanding the requirements of part 161,

12  beginning the license year after the effective date of the rules

13  promulgated under this subsection, an individual shall meet the

14  professional development requirements established under this

15  subsection. The department, in consultation with the board, shall

16  promulgate rules to require licensees seeking renewal to furnish

17  evidence acceptable to the department and the board of the

18  successful completion, during the preceding license term, of

19  those professional development requirements.

20        Sec. 17824. (1) A physical therapist shall refer a patient

21  back to the health care professional who issued the prescription

22  for treatment if the physical therapist has reasonable cause to

23  believe that symptoms or conditions are present that require

24  services beyond the scope of practice of physical therapy.

25        (2) A physical therapist shall consult with the health care

26  professional who issued the prescription for treatment if a

27  patient does not show reasonable response to treatment in a time

 1  period consistent with the standards of practice as determined by

 2  the board.

 3  Sec. 17825. This part does not require new or additional

 4  third party reimbursement or mandated worker's compensation

 5  benefits for physical therapy services and does not preclude a

 6  third party payer from requiring a member or enrollee to fulfill

 7  benefit requirements for physical therapy services, including,

 8  but not limited to, prescription, referral, or preapproval when

 9  services are rendered by an individual licensed or otherwise

10  authorized under this part.

11        Sec. 17826. (1) An applicant for licensure as a physical

12  therapist assistant shall meet the requirements of section 16174

13  and, except as otherwise provided in subsection (2), all of the

14  following requirements, as applicable:

15        (a) Is a graduate of a program for the training of physical

16  therapist assistants approved by the board.

17        (b) If graduated from a program described in subdivision (a)

18  after January 1, 2008, has passed an examination approved by the

19  board.

20        (2) For the purposes of subsection (1)(a), the board shall

21  approve a physical therapist assistant training program from the

22  United States military or from outside of the United States if

23  that training program is determined to be substantially

24  equivalent to physical therapist assistant entry level training

25  in the United States by a credentials evaluation organization

26  approved by the American physical therapy association or is

27  listed as a credentialing organization in 8 CFR 212.15(e).

 1        Sec. 17827. Beginning on the effective date of this section

 2  and ending on the effective date of rules promulgated regarding

 3  the issuance of licenses to physical therapist assistants under

 4  this part, the board shall grant a limited license to an

 5  applicant who is a graduate of a physical therapist assistant

 6  education program accredited by the commission on accreditation

 7  in physical therapy education. A limited license issued under

 8  this section is effective until the board formally issues or

 9  denies a license to the applicant.