71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 4106
 
                           A-Engrossed
 
                         House Bill 3120
                   Ordered by the House May 25
             Including House Amendments dated May 25
 
Sponsored by Representative KRUSE; Representative KAFOURY (at the
  request of Oregon Physical Therapy Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Eliminates - }   { + Modifies + } duty of physical
therapist to refer patient to physician after 30 days from
initial physical therapy treatment. { +  Provides patient must be
referred to physician after 60 days. + }
 
                        A BILL FOR AN ACT
Relating to duty of physical therapist to refer certain patients;
  amending ORS 688.132 and 688.134.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 688.132 is amended to read:
  688.132. (1) If a licensed physical therapist administers
physical therapy to a person as authorized in ORS 688.130 (1)(a),
the physical therapist must immediately refer the person to a
medical doctor, osteopathic physician, chiropractic physician,
podiatric physician and surgeon, naturopathic physician, dentist,
physician assistant or nurse practitioner if:
  (a) Signs and symptoms are present that require treatment or
diagnosis by such providers or for which physical therapy is
contraindicated or for which treatment is outside the knowledge
of the physical therapist or scope of practice of physical
therapy; or
  (b) The physical therapist continues therapy and   { - 30 - }
 { + 60 + } days have passed since the initial physical therapy
treatment has been administered, unless:
  (A) The individual is a child or a student eligible for special
education, as defined by state or federal law, and is being seen
pursuant to the child's or the student's individual education
plan or individual family service plan;
  (B) The individual is a student athlete at a public or private
school, college or university and is seeking treatment in that
role as athlete; or
  (C) The individual is a resident of a long term care facility
as defined in ORS 442.015 (14)(b)(A) and (B), a residential
facility as defined in ORS 443.400, an adult foster home as
defined in ORS 443.705 or an intermediate care facility for
mental retardation pursuant to federal regulations.
 
  (2) Notwithstanding any provision of ORS 742.520 to 742.542,
personal injury protection benefits are not required to be paid
for physical therapy treatment of a person covered by the
applicable insurance policy unless the person is referred to the
physical therapist by a licensed physician, podiatric physician
and surgeon, naturopathic physician, dentist, physician's
assistant or nurse practitioner.
  SECTION 2. ORS 688.134 is amended to read:
  688.134. The Physical Therapist Licensing Board shall establish
by rule education requirements that a physical therapist must
meet before administering physical therapy to a person without
prior referral as authorized by ORS 688.132   { - other than to
individuals described in ORS 688.132 (1)(b) where no prior
referral is required - } .
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