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 1555
 
                         Senate Bill 359
 
Sponsored by Senator MORRISETTE (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 as
introduced.
 
  Requires person licensed as physical therapist or physical
therapist assistant to use professional designation. Restricts
use of professional designations for physical therapists to
person or business entity providing services by physical
therapist. Modifies exceptions to requirement for licensure to
practice physical therapy. Modifies circumstances that require
physical therapist to refer person to other health care
practitioner.
 
                        A BILL FOR AN ACT
Relating to physical therapy; amending ORS 676.110, 676.120,
  688.020, 688.030 and 688.132.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 676.110 is amended to read:
  676.110. Any person practicing a health care profession who
uses the title 'doctor,' or any contraction thereof, 'clinic, ' '
institute,' 'specialist' or any other assumed or artificial name
or title, in connection with the business or profession, on any
written or printed matter, or in connection with any advertising,
billboards, signs or professional notices, shall add after the
name of the person, or after any such assumed or artificial
names, one of the following respective designations in letters or
print which shall be at least one-fourth the size of the largest
letters used in the title or name, and in material, color, type
or illumination to give display and legibility of at least
one-fourth that of the title or name:
  (1) In the case of a person practicing podiatry, the word '
podiatrist' or the words 'podiatric physician' or 'podiatric
physician and surgeon. '
  (2) In the case of a person practicing chiropractic, the word '
chiropractor' or the words 'chiropractic physician.  '
  (3) In the case of a person practicing dentistry, the word '
dentist' or 'dentistry.  '
  (4) In the case of a person practicing naturopathic medicine,
the word 'naturopath' or the words 'naturopathic physician.  '
  (5) In the case of a person practicing optometry, the word '
optometrist' or the words 'doctor of optometry' or ' optometric
physician.  '
  (6) In the case of a person licensed to practice medicine by
the Board of Medical Examiners for the State of Oregon who holds
the degree of Doctor of Osteopathy, or the equivalent, the word '
osteopath' or the words 'osteopathic physician' or ' osteopathic
physician and surgeon.  '
  (7) In the case of a person licensed to practice medicine by
the Board of Medical Examiners for the State of Oregon who holds
the degree of Doctor of Medicine, or the equivalent, the word '
physician' or the word 'surgeon' or the words 'physician and
surgeon. '
  (8) In the case of a person practicing veterinary medicine, the
word 'veterinarian.  '
  (9) In the case of a person practicing acupuncture, the word '
acupuncturist.  '
   { +  (10) In the case of a person licensed to practice
physical therapy by the Physical Therapist Licensing Board, the
words ' physical therapist' or 'physiotherapist.' + }
  SECTION 2. ORS 676.120 is amended to read:
  676.120.   { - No - }   { + A + } person   { - shall - }
 { + may not + } use any of the designations stated in ORS
676.110 (1) to   { - (9) - }  { +  (10) + }, in connection with
the name, business or profession of the person or in connection
with an assumed or artificial name, or 'clinic, ' ' institute' or
'specialist,' unless the person is licensed under the laws of
this state to practice the particular health care profession
indicated by such designation, as stated in ORS 676.110. However,
upon the death of any person duly licensed by any board empowered
to license any practitioner of a health care profession, the
executors of the estate or the heirs, assigns, associates or
partners may retain the use of the decedent's name, where it
appears other than as a part of an assumed name, for no more than
one year after the death of such person or until the estate is
settled, whichever is sooner.
  SECTION 3. ORS 688.020 is amended to read:
  688.020. (1) Unless a person is a licensed physical therapist
or holds a permit issued under ORS 688.110, a person
 { - shall - }   { + may + } not  { - : - }
    { - (a) - }  practice physical therapy { + . + }  { - ;
or - }
    { - (b) Use in connection with the name of the person the
words or letters, 'P.T.', 'R.P.T.', 'L.P.T.', 'physical
therapist', 'physiotherapist' or any other letters, words,
abbreviations or insignia indicating that the person is a
physical therapist, or purports to be a physical therapist. - }
   { +  (2) A physical therapist shall use the letters 'PT' in
connection with the physical therapist's name and place of
business to denote licensure under ORS 688.010 to 688.201.
  (3) A person or business entity, or an employee, representative
or agent of a person or business entity, may not:
  (a) Use in connection with activities conducted by the person
or business entity the words 'physical therapy,' 'physical
therapist,' 'physiotherapist,' 'physiotherapy,' or the letters
'PT,' 'DPT,' 'MPT' or any other words, abbreviations or insignia
indicating or implying that physical therapy is provided by the
person or business entity, unless the physical therapy is
provided by or under the direction of a physical therapist.
  (b) Advertise or otherwise promote another person as being a
physical therapist or physiotherapist unless the person being
advertised or promoted is a licensed physical therapist.
  (4) Offer, provide to or bill a person for services
characterized as physical therapy or physiotherapy unless the
services are performed by a licensed physical therapist. + }
    { - (2) - }   { + (5)(a) + } Unless a person holds a license
as a physical therapist assistant, a person   { - shall - }
 { + may + } not  { - : - }
    { - (a) - }  practice as a physical therapist
assistant { + . + }  { - ; or - }
    { - (b) Use in connection with the name of the person the
words or letters, 'L.P.T.A.', 'P.T.A.', 'physical therapist
assistant', 'licensed physical therapist assistant', or any other
letters, words, abbreviations or insignia indicating that the
person is a physical therapist assistant or purports to be a
physical therapist assistant. - }
   { +  (b) A physical therapist assistant shall use the letters
' PTA' in connection with the physical therapist assistant's name
to denote licensure under ORS 688.040.
  (c) A person may not use the title 'physical therapist
assistant,' the letters 'PTA' or any other words, abbreviations
or insignia in connection with the person's name to indicate or
imply that the person is a physical therapist assistant unless
the person is licensed under ORS 688.040. + }
  SECTION 4. 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 - } .
    { - (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 licensed under a health care licensing law
of this state who is engaged in any activity included in the
practice of physical therapy if the activity is within the scope
of practice of the person's licensure and the person does not
indicate or imply that the person is a physical therapist, a
physical therapist assistant or a provider of physical
therapy. + }
    { - (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 physical therapist assistant and who is satisfying
supervised clinical education requirements under the on-site
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 that jurisdiction by means of
telecommunications to a physical therapist in Oregon.
  (b) Providing physical therapy services to a touring theater
company, performing arts company or athletic team.
  (c) Performing physical therapy while teaching or participating
in an educational conference. + }
  SECTION 5. 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 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.
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