MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Public Health and Welfare
By: Senator(s) Blackwell
AN ACT TO AMEND SECTION 73-23-33, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "PHYSICAL THERAPY AIDE" OR "PHYSICAL THERAPY TECHNICIAN" FOR THE PURPOSES OF THE PHYSICAL THERAPY PRACTICE LAW; TO AMEND SECTION 73-23-35, MISSISSIPPI CODE OF 1972, TO REVISE THE CIRCUMSTANCES AND CRITERIA UNDER WHICH A PHYSICAL THERAPIST MAY IMPLEMENT PHYSICAL THERAPY TREATMENT WITHOUT A REFERRAL FROM ANOTHER HEALTH CARE PROVIDER; TO AMEND SECTION 73-23-39, MISSISSIPPI CODE OF 1972, TO REVISE THE LIST OF PERSONS WHO ARE PERMITTED TO PRACTICE PHYSICAL THERAPY IN THIS STATE WITHOUT OBTAINING A MISSISSIPPI LICENSE; TO AMEND SECTION 73-23-41, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPOSITION OF THE STATE BOARD OF PHYSICAL THERAPY; TO DELETE THE PROHIBITION ON BEING APPOINTED FOR MORE THAN TWO CONSECUTIVE TERMS ON THE BOARD; TO AMEND SECTION 73-23-43, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO DETERMINE AND COLLECT, AT THE TIME OF NEW LICENSURE AND LICENSURE RENEWAL, A CORE SET OF DATA ELEMENTS DEEMED NECESSARY FOR THE PURPOSE OF WORKFORCE PLANNING; TO AMEND SECTION 73-23-51, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS AUTHORIZING THE LICENSING OF PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS BY RECIPROCITY; TO AMEND SECTION 73-23-53, MISSISSIPPI CODE OF 1972, TO DELETE THE AUTHORITY OF THE BOARD TO ISSUE A TEMPORARY LICENSE TO PHYSICAL THERAPISTS OR PHYSICAL THERAPIST ASSISTANTS LICENSED IN OTHER STATES DURING A DISASTER OR EMERGENCY; TO AMEND SECTION 73-23-59, MISSISSIPPI CODE OF 1972, TO CONFORM THE GROUNDS FOR DISCIPLINARY ACTION AGAINST A PHYSICAL THERAPIST FOR IMPLEMENTING PHYSICAL THERAPY TREATMENT WITHOUT A REFERRAL TO THE AMENDMENT TO SECTION 73-23-35 IN THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-23-33, Mississippi Code of 1972, is amended as follows:
73-23-33. As used in this chapter unless the context or subject matter otherwise requires:
(a) "Physical therapy" or "physiotherapy," which terms are deemed identical and interchangeable, means the art and science of a health specialty concerned with the prevention of disability, and the physical rehabilitation for congenital or acquired physical or mental disabilities, resulting from or secondary to injury or disease. The "practice of physical therapy" means the practice of the health specialty and encompasses physical therapy evaluation, treatment planning, treatment administration, instruction and consultative services, including:
(i) Performing and interpreting tests and measurements as an aid to physical therapy treatment, for the purpose of correcting or alleviating any physical condition and to prevent the development of any physical or mental disability within the scope of physical therapy; and the performance of neuromuscular-skeletal tests and measurements as an aid in diagnosis, evaluation or determination of the existence of and the extent of any body malfunction;
(ii) Planning initial and subsequent treatment programs, on the basis of test findings; and
(iii)
Administering treatment by therapeutic exercise, neurodevelopmental procedures,
therapeutic massage, mechanical devices and therapeutic agents which employ the
physical, chemical and other properties of air, water, heat, cold, electricity,
sound and radiant energy for the purpose of correcting or alleviating any
physical condition or preventing the development of any physical or mental
disability. The use of roentgen rays and radium for any purpose, and the use
of electricity for surgical purposes including cauterization, are not part of
physical therapy * * *.
(b) "Physical
therapist" means a person licensed in this state to practice physical
therapy as defined in this chapter, and whose license is in good standing, or a
person who holds the privilege to practice * * *.
(c) "Physical
therapist assistant" means a health care worker who assists a physical
therapist in the provision of physical therapy under the direct, on-site
supervision of the physical therapist. The physical therapist assistant may
perform physical therapy procedures and related tasks that have been selected
and delegated by the supervising physical therapist, but shall not perform the
following physical therapy activities: interpretation of referrals; physical
therapy initial evaluation and reevaluation; identification, determination or
modification of plans of care (including goals and treatment programs); final
discharge assessment/evaluation or establishment of the discharge plan; or
therapeutic techniques beyond the skill and knowledge of the physical therapist
assistant * * *.
(d) "Physical therapy aide" or "physical therapy technician" means an unlicensed person trained by or under the direction of a physical therapist who performs designated and supervised routine related to physical therapy services.
( * * *e) "Referral" means the
written or oral designation of physical therapy services by a doctor of
medicine, dentistry, osteopathy, podiatry or chiropractic, or by a physician
assistant or nurse practitioner, holding a license in good standing; and the
instruction therefor may be as detailed or as general as the doctor, physician
assistant or nurse practitioner in his or her sound discretion deems necessary
in the particular case * * *.
( * * *f) "Board" means the State
Board of Physical Therapy established in Section 73-23-41 * * *.
( * * *g) "Direct, on-site
supervision" means face-to-face oversight by a licensed physical therapist
or physical therapist who holds the privilege to practice at regular intervals,
as prescribed in regulations adopted by the board, of the services provided to
a patient by a licensed physical therapist assistant or physical therapist
assistant who holds the privilege to practice * * *.
( * * *h) "Direct supervision" means
face-to-face oversight at regular intervals of a physical therapist issued a
temporary license under Section 73-23-53(1) by a licensed physical therapist.
Such direct supervision shall be in accordance with the regulations adopted by
the board; however, a licensed physical therapist shall be authorized to have
direct supervision over not more than four (4) physical therapist assistants at
one time.
( * * *i) "Privilege to practice"
means the authorization to practice as a physical therapist in this state or
work as a physical therapist assistant in this state under the Physical Therapy
Licensure Compact provided for in Section 73-23-101.
( * * *j) "Licensee" means a person
who has been issued a license to practice physical therapy or work as a physical
therapy assistant in the state or who holds the privilege to practice physical
therapy or work as a physical therapy assistant in the state.
SECTION 2. Section 73-23-35, Mississippi Code of 1972, is amended as follows:
73-23-35. (1) A person, corporation, association or business entity shall not use in connection with that person's or party's name or the name or activity of the business the words "physical therapy," "physical therapist," "physiotherapy," "physiotherapist," "registered physical therapist," "doctor of physical therapy," "physical therapist assistant," the letters "PT," "DPT," "LPT," "RPT," "PTA," "LPTA," and/or any other words, abbreviations, or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied unless such services are provided by or under the direction of a physical therapist or physical therapist assistant, as the case may be, with a valid and current license issued pursuant to this chapter or with the privilege to practice. It shall be unlawful to employ an unlicensed physical therapist or physical therapist assistant to provide physical therapy services.
(2) The board shall aid the state's attorneys of the various counties in the enforcement of the provisions of this chapter and the prosecution of any violations thereof. In addition to the criminal penalties provided by this chapter, the civil remedy of injunction shall be available to restrain and enjoin violations of any provisions of this chapter without proof of actual damages sustained by any person. For purposes of this chapter, the board, in seeking an injunction, need only show that the defendant violated subsection (1) of this section to establish irreparable injury or a likelihood of a continuation of the violation.
(3) Except as otherwise provided in this subsection (3) and in subsection (4) of this section, a physical therapist licensed under this chapter or privileged to practice shall not perform physical therapy services without a prescription or referral from a person licensed as a physician, dentist, osteopath, podiatrist, chiropractor, physician assistant or nurse practitioner. However, a physical therapist licensed under this chapter or privileged to practice may perform physical therapy services without a prescription or referral under the following circumstances:
(a) To children with a diagnosed developmental disability pursuant to the patient's plan of care.
(b) As part of a home health care agency pursuant to the patient's plan of care.
(c) To a patient in a nursing home pursuant to the patient's plan of care.
(d) Related to conditioning or to providing education or activities in a wellness setting for the purpose of injury prevention, reduction of stress or promotion of fitness.
(e) (i) To an individual for a previously diagnosed condition or conditions for which physical therapy services are appropriate after informing the health care provider rendering the diagnosis. The diagnosis must have been made within the previous one hundred eighty (180) days. The physical therapist shall provide the health care provider who rendered the diagnosis with a plan of care for physical therapy services within the first fifteen (15) days of physical therapy intervention.
(ii) Nothing in this chapter shall create liability of any kind for the health care provider rendering the diagnosis under this paragraph (e) for a condition, illness or injury that manifested itself after the diagnosis, or for any alleged damages as a result of physical therapy services performed without a prescription or referral from a person licensed as a physician, dentist, osteopath, podiatrist, chiropractor, physician assistant or nurse practitioner, the diagnosis and/or prescription for physical therapy services having been rendered with reasonable care.
(4) The provisions of subsection (3) of this section shall not apply in the following circumstances:
(a) Without a prescription or referral, a physical therapist licensed or privileged to practice under this chapter may perform an initial evaluation or consultation of a screening nature to determine the need for physical therapy.
(b) For the treatment of a condition within the scope of physical therapy, a physical therapist licensed or privileged to practice under this chapter may implement physical therapy treatment with or without a prescription or referral from a person licensed as a physician, dentist, osteopath, podiatrist, chiropractor, physician assistant or nurse practitioner if the physical therapist meets one (1) of the following criteria:
(i) The physical therapist has a doctorate degree in physical therapy from an accredited institution; or
(ii) The physical therapist has ten (10) years of licensed clinical practice experience.
(c) If the patient has not made measurable or functional improvement after thirty (30) calendar days of implementing physical therapy treatment under the authority of this subsection (4), the physical therapist shall refer the patient to an appropriate health care provider. The board shall take appropriate disciplinary action against any physical therapist who fails to refer a patient as required by this paragraph (c).
(d) No physical therapist shall render a medical diagnosis of a disease.
( * * *5) Physical therapy services performed
without a prescription or referral from a person licensed as a physician,
dentist, osteopath, podiatrist, chiropractor, physician assistant or nurse
practitioner shall not be construed to mandate coverage for physical therapy
services under any health care plan, insurance policy, or workers' compensation
or circumvent any requirement for preauthorization of services in accordance
with any health care plan, insurance policy or workers' compensation.
( * * *6) Nothing in this section shall restrict
the Division of Medicaid from setting rules and regulations regarding the
coverage of physical therapy services and nothing in this section shall amend
or change the Division of Medicaid's schedule of benefits, exclusions and/or
limitations related to physical therapy services as determined by state or
federal regulations and state and federal law.
SECTION 3. Section 73-23-39, Mississippi Code of 1972, is amended as follows:
73-23-39. The following persons shall be permitted to practice physical therapy in this state without obtaining a license under this chapter, upon the terms and conditions specified herein:
(a) Students enrolled in accredited or accreditation eligible physical therapist or physical therapist assistant educational programs, while engaged in completing a clinical requirement for graduation, which must be performed under the direct, on-site supervision of a licensed physical therapist;
(b) Physical therapists licensed in other jurisdictions while enrolled in graduate educational programs in this state that include the evaluation and treatment of patients as part of their experience required for credit, so long as the student is not at the same time gainfully employed in this state as a physical therapist;
(c) Practitioners of physical therapy or persons acting as physical therapist assistants who are employed in the United States armed services, United States Public Health Service, Veterans Administration or other federal agency; however, if such individual engages in the practice of physical therapy or acts as a physical therapist assistant outside of the scope of official duty, he must be licensed as herein provided;
(d) Physical therapists or physical therapist assistants licensed in other jurisdictions who are teaching or participating in physical therapy education projects, demonstrations or courses in this state, or providing physical therapy services to visiting established athletic organizations, performing arts companies or volunteering to provide services to competitors in events such as the Olympics or dance competitions in which their participation in the evaluation and treatment of patients is minimal.
(e) * * * A physical
therapist who is licensed in a jurisdiction of the United States and who enters
this jurisdiction to provide physical therapy during a declared local,
jurisdictional or national disaster or emergency. This exemption applies for
no longer than sixty (60) days following the declaration of the emergency. In
order to be eligible for this exemption, the physical therapist shall notify
the board of their intent to practice.
(f) Licensees who exercise the privilege to practice under the terms and provisions of the Physical Therapy Licensure Compact provided for in Section 73-23-101.
SECTION 4. Section 73-23-41, Mississippi Code of 1972, is amended as follows:
73-23-41. (1) There is
established a State Board of Physical Therapy that shall consist of * * * eight (8) members appointed
by the Governor, with the advice and consent of the Senate. Four (4) members
shall be physical therapists * * * and two (2) members
shall be * * *
physical therapist assistants, * * * each
of whom possesses unrestricted licenses to practice in his or her profession.
The Governor shall also appoint * * * two (2) members who
shall be * * *
consumers at large who * * * are not associated with or
financially interested in any health care profession and who * * * have an interest in consumer
rights. Each of the four (4) members who are physical therapists shall be
appointed from a list of three (3) persons from each of the four (4)
Mississippi congressional districts, as such districts currently exist,
submitted by the * * * American Physical Therapy Association - Mississippi,
all of whom must be residents of Mississippi and must have engaged in the
practice of physical therapy within the state for at least four (4) years. The
terms of the members of the board shall be staggered, so that the terms of no
more than two (2) members shall expire in any year. Members appointed to the
board shall serve for four-year terms and until their successors are appointed
and confirmed, except that members of the board who are appointed to fill
vacancies which occur before the expiration of a former member's full term
shall serve the unexpired portion of such term. * * *
(2) The board shall annually elect a chairman, secretary and treasurer. The board shall provide for the timely orientation and training of new professional and public appointees to the board regarding board licensing and disciplinary procedures, this chapter and board rules, regulations, policies and procedures. A member may be removed by the board only for due cause. Failure to attend at least half of the board meetings in a fiscal year shall constitute cause. The board shall meet at least once each quarter, and those meetings shall be held in compliance with the Open Meetings Law (Section 25-41-1 et seq.). A majority of board members shall constitute a quorum for the transaction of business. The board shall keep an official record of its meetings. Whenever a vacancy occurs in the membership of the board before the expiration of a term of office, the Governor shall appoint a qualified successor to fill the unexpired term. Members of the board shall receive the per diem authorized under Section 25-3-69 for each day spent actually discharging their official duties, and shall receive reimbursement for mileage and necessary travel expenses incurred as provided in Section 25-3-41. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the member's action is warranted by law is immune from civil liability.
SECTION 5. Section 73-23-43, Mississippi Code of 1972, is amended as follows:
73-23-43. (1) The board shall have the following general powers and duties:
(a) To examine and determine the qualifications and fitness of applicants for licenses to practice as physical therapists and licenses to act as physical therapist assistants in this state and prepare or approve and conduct all examinations of applicants for licensure;
(b) To issue, renew, deny, suspend or revoke licenses to practice as physical therapists and licenses to act as physical therapist assistants in this state or otherwise discipline licensed physical therapists and physical therapist assistants;
(c) To investigate alleged or suspected violations of the provisions of this chapter or other laws of this state pertaining to physical therapy and any rules and regulations adopted by the board;
(d) To establish reasonable fees for application for examination, certificates of licensure and renewal, and other services provided by the board;
(e) To adopt, amend or repeal any rules or regulations necessary to carry out the purposes of this chapter and the duties and responsibilities of the board, in accordance with Section 25-43-1 et seq. Such rules, when lawfully adopted, shall have the effect of law;
(f) To hire appropriate support personnel to carry out the provisions of this chapter;
(g) To adopt a code of ethics for physical therapists and physical therapist assistants licensed under this chapter which may be the current code of ethics of the American Physical Therapy Association;
(h) To regulate the practice of physical therapy by interpreting and enforcing this chapter;
(i) To provide for the examination of physical therapists and physical therapist assistants;
(j) To establish mechanisms for assessing the continuing professional competence of physical therapists and physical therapist assistants to practice physical therapy;
(k) To set criteria
for continuing * * *
competence;
(l) To establish and collect fees for sustaining the necessary operation and expenses of the board;
(m) To publish, at least annually, final disciplinary action against a licensee;
(n) To report final disciplinary action taken against a licensee to other state or federal regulatory agencies and to a national disciplinary database recognized by the board or as required by law;
(o) To share documents, materials, or other information, including confidential and privileged documents, materials, or information, received or maintained by the board with other state or federal agencies, and with a national disciplinary database recognized by the board or as required by law provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material or other information;
(p) To participate in or conduct performance audits;
(q) To, through its employees and/or representatives, enter and make inspections of any place where physical therapy is practiced and inspect and/or copy any record pertaining to clients or the practice of physical therapy under this chapter;
(r) To conduct a criminal history records check on licensees whose licensure is subject to investigation by the board and on applicants for licensure. In order to determine the applicant's or licensee's suitability for licensing, the applicant or licensee shall be fingerprinted. The board shall submit the fingerprints to the Department of Public Safety for a check of the state criminal records and forward to the Federal Bureau of Investigation for a check of the national criminal records. The Department of Public Safety shall disseminate the results of the state check and the national check to the board for a suitability determination. The board shall be authorized to charge and collect from the applicant or licensee, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant or licensee.
Any and all state or
national criminal history records information obtained by the board that is not
already a matter of public record shall be deemed nonpublic and confidential
information restricted to the exclusive use of the board, its members, officers,
investigators, agents and attorneys in evaluating the applicant's eligibility or
disqualification for licensure, and shall be exempt from the Mississippi Public
Records Act of 1983. Except when introduced into evidence in a hearing before
the board to determine licensure, no such information or records related
thereto shall, except with the written consent of the applicant or by order of
a court of competent jurisdiction, be released or otherwise disclosed by the
board to any other person or agency; * * *
(s) To have the authority to determine and collect, at the time of new licensure and licensure renewal, a core set of data elements deemed necessary for the purpose of workforce planning. The data elements shall be used to create and maintain a health care workforce database. The board may enter into agreements with a private or public entity to establish and maintain the database, perform data analysis, and/or prepare reports concerning the physical therapy workforce; and
( * * *t) To perform the duties
prescribed by the Physical Therapy Licensure Compact provided for in Section 73-23-101.
The State Board of Physical Therapy shall be the physical therapy licensing
board.
(2) The powers and duties
enumerated * * *
in subsection (1) of this section are granted for the purpose of
enabling the board to safeguard the public health, safety and welfare against
unqualified or incompetent practitioners of physical therapy and persons acting
as physical therapist assistants, and are to be liberally construed to
accomplish this objective * * *;.
( * * *3) The board shall maintain a register
listing the name of every physical therapist and physical therapist assistant
licensed to practice in this state, his or her last known place of
business * * *, and the date and number of his or her
license. The board shall, at least once a year, compile a list of physical
therapists and physical therapist assistants licensed to practice in this state
and such a list shall be available to any person upon application to the board
and the payment of such charges as may be fixed by it.
SECTION 6. Section 73-23-51, Mississippi Code of 1972, is amended as follows:
73-23-51. (1) The board may
license as a physical therapist or as a physical therapist assistant, and furnish
a certificate of licensure without examination to, any applicant who presents evidence,
satisfactory to the board, of having * * * been licensed
by a similar lawfully authorized examining agency or board in physical therapy
of another state or the District of Columbia * * * or
a territory of the United States, if all other requirements established by rules
of the board have been met. The issuance of a license by reciprocity to a military-trained
applicant, military spouse or person who establishes residence in this state shall
be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
(2) Any person who has been trained as a physical therapist in a foreign country and desires to be licensed under this chapter and who: (a) is of good moral character; (b) holds a diploma from an educational program for physical therapists approved by the board; (c) submits documentary evidence to the board that he has completed a course of professional instruction substantially equivalent to that obtained by an applicant for licensure; (d) demonstrates satisfactory proof of proficiency in the English language; and (e) meets other requirements established by rules of the board, may make application on a form furnished by the board for examination as a foreign-trained physical therapist. At the time of making such application, the applicant shall pay the fee prescribed by the board, no portion of which shall be returned.
Any person who desires to be licensed under this subsection shall take an examination approved by the board and shall obtain a permanent license. If this requirement is not met, the license of the foreign-trained therapist may be revoked.
SECTION 7. Section 73-23-53, Mississippi Code of 1972, is amended as follows:
73-23-53. (1) A temporary license to practice as a physical therapist or physical therapist assistant may be granted to those persons meeting the requirements stated in Section 73-23-47 and who (a) have not taken the approved examination, or (b) have taken the approved examination but have not received the results of the examination. The temporary license shall be granted for a period not to exceed ninety (90) days. Any physical therapist granted a temporary license under the provisions of this subsection shall restrict his or her practice to the State of Mississippi and shall be under the direct supervision of a physical therapist licensed in Mississippi (physical therapy assistants shall be under the direct on-site supervision of a Mississippi licensed physical therapist). Documentation verifying the supervision shall be on file with the board before a temporary license is granted.
(2) The board may by rule provide for the issuance of a temporary license to a physical therapist or a physical therapist assistant licensed in another state who is moving into the state and has filed an application with the board for a permanent license in this state. This temporary license will be granted for a period not to exceed sixty (60) days. The issuance of a temporary license to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
(3) Any person granted a temporary license who is required to take the approved examination and fails to take the exam as required by the board or does not pass the required exam shall have the temporary license automatically expire by operation of law and without further action of the board and no license of any type shall be issued until such person has passed an approved examination.
(4) Any person who has taken but not passed the required examination in this or another jurisdiction shall not be eligible for a license of any type until an approved examination is passed.
(5) Any person who has been trained as a physical therapist or physical therapist assistant in a foreign country and desires to be temporarily licensed under this subsection shall, in addition to satisfying such other requirements established by the board, demonstrate proficiency in the English language and meet the other requirements of Section 73-23-51(2) before such temporary license shall be issued.
* * *
SECTION 8. Section 73-23-59, Mississippi Code of 1972, is amended as follows:
73-23-59. (1) Licensees subject to this chapter shall conduct their activities, services and practice in accordance with this chapter and any rules promulgated pursuant hereto. The board, upon satisfactory proof and in accordance with the provisions of this chapter and the regulations of the board, may suspend, revoke, or refuse to issue or renew any license hereunder, or revoke or suspend any privilege to practice, censure or reprimand any licensee, restrict or limit a license, and take any other action in relation to a license or privilege to practice as the board may deem proper under the circumstances upon any of the following grounds:
(a) Negligence in the practice or performance of professional services or activities;
(b) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public in the course of professional services or activities;
(c) Perpetrating or cooperating in fraud or material deception in obtaining or renewing a license or attempting the same or obtaining a privilege to practice;
(d) Being convicted of any crime which has a substantial relationship to the licensee's activities and services or an essential element of which is misstatement, fraud or dishonesty;
(e) Having been convicted of or pled guilty to a felony in the courts of this state or any other state, territory or country. Conviction, as used in this paragraph, shall include a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, an admission of guilty, or a plea of nolo contendere;
(f) Engaging in or permitting the performance of unacceptable services personally or by others working under the licensee's supervision due to the licensee's deliberate or negligent act or acts or failure to act, regardless of whether actual damage or damages to the public is established;
(g) Continued practice although the licensee has become unfit to practice as a physical therapist or physical therapist assistant due to: (i) failure to keep abreast of current professional theory or practice; or (ii) physical or mental disability; the entry of an order or judgment by a court of competent jurisdiction that a licensee is in need of mental treatment or is incompetent shall constitute mental disability; or (iii) addiction or severe dependency upon alcohol or other drugs which may endanger the public by impairing the licensee's ability to practice;
(h) Having disciplinary action taken against the licensee's license in another state;
(i) Making differential, detrimental treatment against any person because of race, color, creed, sex, religion or national origin;
(j) Engaging in lewd conduct in connection with professional services or activities;
(k) Engaging in false or misleading advertising;
(l) Contracting, assisting or permitting unlicensed persons to perform services for which a license is required under this chapter or privilege to practice is required under Section 73-23-101;
(m) Violation of any probation requirements placed on a license or privilege to practice by the board;
(n) Revealing confidential information except as may be required by law;
(o) Failing to inform clients of the fact that the client no longer needs the services or professional assistance of the licensee;
(p) Charging excessive or unreasonable fees or engaging in unreasonable collection practices;
(q) For treating or attempting to treat ailments or other health conditions of human beings other than by physical therapy as authorized by this chapter;
(r) Except as authorized
in Section 73-23-35(3) and (4), for applying or offering to apply
physical therapy, exclusive of initial evaluation or screening and exclusive of
education or consultation for the prevention of physical and mental disability
within the scope of physical therapy, other than upon the referral * * * from a licensed physician, dentist,
osteopath, podiatrist, chiropractor, physician assistant or nurse practitioner;
or for acting as a physical therapist assistant other than under the direct, on-site
supervision of a licensed physical therapist;
(s) Failing to adhere to the recognized standards of ethics of the physical therapy profession as established by rules of the board;
(t) Failing to complete continuing competence requirements as established by board rule;
(u) Failing to supervise physical therapist assistants in accordance with this chapter and/or board rules;
(v) Engaging in sexual misconduct. For the purpose of this paragraph, sexual misconduct includes, but is not necessarily limited to:
(i) Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, while a physical therapist or physical therapist assistant/patient relationship exists.
(ii) Making sexual advances, requesting sexual favors or engaging in other verbal conduct or physical contact of a sexual nature with patients or clients.
(iii) Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to patient diagnosis or treatment under current practice standards;
(w) The erroneous issuance of a license or privilege to practice to any person;
(x) Violations of any provisions of this chapter, board rules or regulations or a written order or directive of the board;
(y) Failing to maintain adequate patient records. For the purposes of this paragraph, "adequate patient records" means legible records that contain at minimum sufficient information to identify the patient, an evaluation of objective findings, a diagnosis, a plan of care, a treatment record and a discharge plan;
(z) Failing to report to the board any unprofessional, incompetent or illegal acts that appear to be in violation of this law or any rules established by the board.
(2) The board may order a licensee to submit to a reasonable physical or mental examination if the licensee's physical or mental capacity to practice safely is at issue in a disciplinary proceeding.
(3) Failure to comply with a board order to submit to a physical or mental examination shall render a licensee subject to the summary suspension procedures described in Section 73-23-64.
(4) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license or privilege to practice of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license or privilege to practice for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license or privilege to practice suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license or privilege to practice suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 9. This act shall take effect and be in force from and after July 1, 2022.