Chapter 403
AN ACT
HB 2386
Relating to physical therapy; amending ORS 688.030 and 688.132.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 688.132 is amended to read:
688.132. (1) A licensed
physical therapist shall immediately refer a person to a medical doctor,
osteopathic physician, chiropractic physician, podiatric physician and surgeon,
naturopathic physician, dentist, physician assistant or nurse practitioner if:
(a) Signs or 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, 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 742.518 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 688.030 is amended to read:
688.030. ORS 688.010 to
688.201 do not apply to:
(1) [Any] A person engaging in the
domestic application of any [act] activity
included in the definition of the practice of physical therapy, [or any person licensed under any other
health care licensing law of this state to do any such act or to persons
working under the direction of any such person] if the person does not
represent to anyone receiving services or to the public that the person is a
physical therapist or a physical therapist assistant.
[(2) Massage practiced at any bona fide athletic club, at any athletic
department of any bona fide fraternal organization, at any public institution
or at any athletic department of a school or college.]
(2) A person using
any procedure included in the practice of physical therapy if the procedure is
within the scope of practice of the person and the person:
(a) Is licensed under a
health care licensing law of this state; and
(b) Does not represent
or imply that the person is a physical therapist or a physical therapist
assistant.
[(3) The practice of physical therapy which is incidental to the planned
program of study for students enrolled in a physical therapist or physical
therapist assistant program approved by the Physical Therapist Licensing Board.]
(3) A person who is
enrolled in an accredited physical therapy education program that leads to a
degree as a physical therapist or a physical therapist assistant and who is
satisfying supervised clinical education requirements under the direct
supervision of a physical therapist.
(4) A physical therapist
licensed in another jurisdiction who is, for a period not to exceed 60 days in
each calendar year:
(a) Providing
consultation from the other jurisdiction by means of telecommunications to a
physical therapist in this state;
(b) Providing physical
therapy services to a touring theater company, a performing arts company or an
athletic team; or
(c) Performing physical
therapy while teaching or participating in an educational conference in this
state.
Approved by the Governor June 13, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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