Chapter 539 Oregon Laws 1999

Session Law

AN ACT

SB 825

Relating to naturopathic physician referrals; amending ORS 688.130 and 688.132.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 688.130 is amended to read:

688.130. (1) Unless the education and training requirements described in ORS 688.134 have been met, no licensed physical therapist or person who holds a temporary permit issued under ORS 688.110 shall use physical therapy upon any person except where there has been:

(a) Prior evaluation of dysfunction of the person by the physical therapist by the use of recognized evaluative physical therapy tests and procedures; and either

(b) Diagnosis or referral by a physician or a podiatric physician and surgeon licensed under ORS chapter 677 by the Board of Medical Examiners for the State of Oregon, a dentist licensed by the Oregon Board of Dentistry, a physician assistant registered under ORS chapter 677, a chiropractic physician licensed under ORS chapter 684 by the State Board of Chiropractic Examiners, a naturopathic physician licensed under ORS chapter 685 by the Board of Naturopathic Examiners or a nurse practitioner certified under ORS 678.375; or

(c) Diagnosis or referral made in another state by a medical doctor, osteopathic physician or podiatric physician and surgeon licensed by an authority of that state similar to the Board of Medical Examiners for the State of Oregon or by a dentist licensed by an authority of that state similar to the Oregon Board of Dentistry.

(2) No person shall practice as a physical therapist assistant unless the person is licensed under ORS 688.090 and such practice is solely under the supervision and direction of a physical therapist.

SECTION 2. 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 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.

Approved by the Governor July 8, 1999

Filed in the office of Secretary of State July 8, 1999

Effective date October 23, 1999

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