74th OREGON LEGISLATIVE ASSEMBLY--2007 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 2020
 
                           B-Engrossed
 
                         House Bill 2386
                  Ordered by the Senate May 18
 Including House Amendments dated March 28 and Senate Amendments
                          dated May 18
 
Sponsored by Representative TOMEI (at the request of Oregon
  Physical Therapists Association) (Presession filed.)
 
 
                             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.
 
    { - Requires person licensed to practice physical therapy and
who holds doctoral degree in physical therapy to use professional
title. - }
  Extends time physical therapist may treat person before
referral to other health professional.
   { +  Removes exemption for massage practiced at athletic clubs
or athletic departments of fraternal organizations, schools and
colleges from physical therapist or physical therapist assistant
licensing requirements. Modifies other provisions relating to
persons exempt from licensure as physical therapist or physical
therapist assistant. + }
 
                        A BILL FOR AN ACT
Relating to physical therapy; amending ORS 688.030 and 688.132.
Be It Enacted by the People of the State of Oregon:
  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. + }
                         ----------