BILL NUMBER: SB 198 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 6, 2013
AMENDED IN SENATE APRIL 25, 2013
INTRODUCED BY Senator Price
FEBRUARY 7, 2013
An act to amend Sections2071, 2603, 2604, 2607, 2607.5, 2608,
2608.5, 2611, 2612, 2614, 2615, 2620, 2620.7,
2621, 2630, 2636, 2636.5, 2638, 2651, 2660,
2660.2, 2660.3, 2660.5, 2661, 2661.7, 2663, 2664, 2665, 2666, 2667,
2668, 2669, 2672, and 2682 of, to amend the headings of Article 1
(commencing with Section 2600) of, and Article 2 (commencing with
Section 2620) of, Chapter 5.7 of Division 2 of, to amend and renumber
Section 2676 of, to amend and renumber the headings of Article 4
(commencing with Section 2650) of, Article 5 (commencing with Section
2660) of, Article 5.5 (commencing with Section 2662) of, Article 6
(commencing with Section 2670) of, Article 7 (commencing with Section
2680) of, and Article 8 (commencing with Section 2690) of, Chapter
5.7 of Division 2 of, to add Sections 2603.5, 2605, 2620.2, 2623,
2630.3, 2630.4, 2630.5, 2633.5, 2633.7, 2639.1, 2654, 2660.4, and
2660.8 to, to add the heading of Article 3 (commencing with Section
2635) to, and to add Article 4 (commencing with Section 2644) to,
Chapter 5.7 of Division 2 of, to repeal Sections 2604.5, 2609, 2632,
2640, 2650.1, 2650.2, 2652, 2683, 2684, and 2685 of, to repeal the
headings of Article 3 (commencing with Section 2630) of, and Article
6.5 (commencing with Section 2676) of, and to repeal Article 4.5
(commencing with Section 2655) of, Chapter 5.7 of Division 2 of, and
to repeal and add Sections 2601, 2622, 2639, 2650, and 2653 of, the
Business and Professions Code, and to amend Sections 12529 and
12529.5 of the Government Code, relating to physical therapy, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 198, as amended, Price. Physical Therapy Board of California.
(1) Existing law, the Physical Therapy Practice Act, provides for
the licensure, approval, and regulation of physical therapists and
physical therapist assistants by the Physical Therapy Board of
California within the Department of Consumer Affairs. A violation of
the act is a crime.
This bill would revise and recast those provisions. Among other
things, the bill would provide for the licensure of physical
therapist assistants and impose additional requirements and authority
on the board, including to enter into contracts for services
necessary for enforcement of the act. The bill would revise the
composition of the board and prescribe the duties of the board. The
bill would authorize the board, by regulation, to prescribe, amend,
or repeal any rules contained within a code of professional conduct
appropriate to the establishment and maintenance of integrity and
dignity in the profession of physical therapy. The board
would modify the definition of physical therapy to include reducing
the risk of injury, impairment, functional limitation, and
disability. The bill would provide exemptions from the
licensure requirements for students and physical therapists licensed
in other jurisdictions, as specified. The bill would also make
related, technical changes.
This bill would also expand the acts that constitute
unprofessional conduct to include, among other things, practicing or
offering to practice beyond the scope of practice of physical therapy
and unlawful possession, use, or conviction of a criminal offense
involving a controlled substance. The bill would impose a civil
penalty upon a licensee who fails to, or refuses to, comply with a
request from the board for the medical records of a patient, as
specified. By revising the definition of a crime, this bill would
impose a state-mandated local program.
(2) Existing law establishes in the Department of Justice the
Health Quality Enforcement Section, the primary responsibility of
which is to prosecute proceedings against licensees and applicants
within the jurisdiction of the Medical Board of California, the
California Board of Podiatric Medicine, the Board of Psychology, or
any committee under the jurisdiction of the Medical Board of
California, and to provide ongoing review of the investigative
activities conducted in support of those prosecutions. Existing law
requires that the funding of the section
Section be from the special funds financing the operations of
those boards and the committees under the jurisdiction of the Medical
Board of California, with the intent that the expenses be
proportionally shared as to services rendered.
This bill would additionally include among
within the primary responsibility of the Section prosecution
of proceedings against those licensees and applicants within the
jurisdiction of the Physical Therapy Board of California. The bill
would also require a proportional share of the funding for
the section Section to be budgeted
from the special funds financing the operation of the Physical
Therapy Board of California, which is are
continuously appropriated, thereby making an appropriation.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2071 of the Business and Professions Code is
amended to read:
2071. The board shall adopt and administer regulations that
establish standards for technical supportive services that may be
performed by a medical assistant. Nothing in this section shall
prohibit the board from amending or repealing regulations covering
medical assistants. The board shall, prior to the adoption of any
regulations, request recommendations regarding these standards from
appropriate public agencies, including, but not limited to, the State
Board of Optometry, the Board of Registered Nursing, the Board of
Vocational Nursing and Psychiatric Technicians, the Laboratory Field
Services division of the State Department of Public Health, those
divisions of the State Department of Education that pertain to
private postsecondary education and career and vocational
preparation, the Chancellor of the California Community Colleges, the
California Board of Podiatric Medicine, the Physician Assistant
Examining Committee, and the Physical Therapy Board of California.
The board shall also request recommendations regarding these
standards from associations of medical assistants, physicians and
surgeons, nurses, doctors of podiatric medicine, physician
assistants, physical therapists, laboratory technologists,
optometrists, and others as the board finds appropriate, including,
but not limited to, the California Optometric Association, the
California Nurses Association, the California Medical Association,
the California Society of Medical Assistants, the California Medical
Assistants' Association, and the California Physical Therapy
Association. Nothing in this section shall be construed to supersede
or modify that portion of the Administrative Procedure Act that
relates to the procedure for the adoption of regulations and which is
set forth in Article 5 (commencing with Section 11346) of Chapter
3.5 of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2. The heading of Article 1 (commencing with Section 2600) of
Chapter 5.7 of Division 2 of the Business and Professions Code is
amended to read:
Article 1. Administration and General Provisions
SEC. 3. Section 2601 of the Business and Professions Code is
repealed.
SEC. 4. Section 2601 is added to the Business and Professions
Code, to read:
2601. For the purpose of this chapter, the following terms shall
have the following meanings, unless otherwise specified:
(a) "Board" means the Physical Therapy Board of California.
(b) "Physical therapist" means a person who is licensed pursuant
to this chapter to practice physical therapy.
(c) "Physical therapist assistant" means a person who is licensed
pursuant to this chapter to assist in the provision of physical
therapy under the supervision of a licensed physical therapist.
"Physical therapy assistant" and "physical therapist assistant" shall
be deemed identical and interchangeable terms.
(d) "Physical therapist technician" and "physical therapy aide,"
as described in Section 2630.4, shall be deemed identical and
interchangeable terms.
(e) "Physiotherapy" shall be synonymous with "physical therapy."
SEC. 5. Section 2603 of the Business and Professions Code is
amended to read:
2603. The members of the board shall consist of four physical
therapists, only one of whom shall be involved in physical therapy
education, and three public members.
SEC. 6. Section 2603.5 is added to the Business and Professions
Code, to read:
2603.5. (a) The physical therapist members of the board shall be
appointed from persons having all of the following qualifications:
(1) Be a resident of California.
(2) Possess an unrestricted license in California issued pursuant
to this chapter.
(3) Have been licensed pursuant to this chapter and practicing in
California for at least five years prior to appointment to the board.
(b) (1) The public members of the board shall have both of the
following qualifications:
(A) Be appointed from persons having all of the qualifications as
set forth in Chapter 6 (commencing with Section 450) of Division 1.
(B) Be a resident of California.
(2) No public member of the board shall be, nor have been, any of
the following:
(A) An officer or faculty member of any college, school, or
institution involved in physical therapy education.
(B) A licentiate of the Medical Board of California or of any
board under this division or of any board referred to in Section 1000
or 3600.
SEC. 7. Section 2604 of the Business and Professions Code is
amended to read:
2604. The members of the board shall be appointed for a term of
four years, expiring on the first day of June of each year.
The Governor shall appoint one of the public members and the four
physical therapist members of the board qualified as provided in
Sections 2603 and 2603.5. The Senate Committee on Rules and the
Speaker of the Assembly shall each appoint a public member qualified
as provided in Section 2603.5.
No person may serve as a member of the board for more than two
consecutive terms. Vacancies shall be filled by appointment for the
unexpired term. Annually, the board shall elect one of its members as
president and one of its members as vice president.
The appointing power shall have the power to remove any member of
the board from office for neglect of any duty required by law or for
incompetency or unprofessional or dishonorable conduct.
SEC. 8. Section 2604.5 of the Business and Professions Code is
repealed.
SEC. 9. Section 2605 is added to the Business and Professions
Code, to read:
2605. The board shall do all of the following:
(a) Evaluate the qualifications of applicants for licensure.
(b) Provide for the examinations of physical therapists and
physical therapist assistants and establish a passing score for each
examination.
(c) Issue all licenses for the practice of physical therapy in
California. Except as otherwise required by the director pursuant to
Section 164, the license issued by the board shall describe the
licensee as a "physical therapist" or "physical therapist assistant"
licensed by the Physical Therapy Board of California.
(d) Suspend and revoke licenses and otherwise enforce the
provisions of this chapter.
(e) Administer a continuing competency program.
(f) Participate, as a member, in the Delegate Assembly, and in
applicable committee meetings, of the Federation of State Boards of
Physical Therapy.
(g) Publish, at least annually, a newsletter that includes, but is
not limited to, actions taken by the board, disciplinary actions,
and relevant statutory and regulatory changes.
(h) Provide for the timely orientation and training of new
professional and public member appointees to the board directly
related to board licensing and disciplinary functions and board
rules, policies, and procedures.
(i) Adopt and administer a program of education in matters
relevant to the regulation of physical therapy.
SEC. 10. Section 2607 of the Business and Professions Code is
amended to read:
2607. The board may employ, subject to law, such clerical
assistants and, except as provided in Section 159.5, other employees
as it may deem necessary to carry out its powers and duties.
The board may enter into contracts for services necessary for
enforcement of this chapter and may as necessary select and contract
with physical therapy consultants who are licensed physical
therapists to assist it in its programs on an intermittent basis.
Notwithstanding any other provision of law, the board may contract
with these consultants on a sole source basis. For the purposes of
Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code, any consultant under contract with the board shall
be considered a public employee.
SEC. 11. Section 2607.5 of the Business and Professions Code is
amended to read:
2607.5. (a) The board may employ an executive officer exempt from
the provisions of the Civil Service Act and may also employ
investigators, legal counsel, physical therapist consultants, and
other assistance as it may deem necessary to carry out this chapter.
The board may fix the compensation to be paid for services and may
incur other expenses as it may deem necessary. Investigators employed
by the board shall be provided special training in investigating
physical therapy practice activities.
(b) The Attorney General shall act as legal counsel for the board
for any judicial and administrative proceedings and his or her
services shall be a charge against it.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 12. Section 2608 of the Business and Professions Code is
amended to read:
2608. The procedure in all matters and proceedings relating to
the denial, suspension, revocation, or probationary restriction of
licenses issued by the board under this chapter shall be governed by
the provisions of Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
SEC. 13. Section 2608.5 of the Business and Professions Code is
amended to read:
2608.5. Each member of the board, or any licensed physical
therapist appointed by the board, may inspect, or require reports
from, a general or specialized hospital or any other facility
providing physical therapy care, treatment or services and the
physical therapy staff thereof, with respect to the physical therapy
care, treatment, services, or facilities provided therein, and may
inspect physical therapy patient records with respect to the care,
treatment, services, or facilities. The authority to make inspections
and to require reports as provided by this section shall not be
delegated by a member of the board to any person other than a
physical therapist and shall be subject to the restrictions against
disclosure described in subdivision (u) of Section 2660.
SEC. 14. Section 2609 of the Business and Professions Code is
repealed.
SEC. 15. Section 2611 of the Business and Professions Code is
amended to read:
2611. The board shall meet at least three times each calendar
year, meeting at least once each calendar year in northern California
and once each calendar year in southern California. The board may
convene from time to time until its business is concluded. Special
meetings of the board may be held at any time and place as the board
may designate. Four members of the board shall constitute a quorum
for the transaction of business.
SEC. 16. Section 2612 of the Business and Professions Code is
amended to read:
2612. The board shall comply with the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1
of Division 3 of Title 2 of the Government Code).
SEC. 17. Section 2614 of the Business and Professions Code is
amended to read:
2614. The board shall hear all matters, including but not limited
to, any contested case or any petition for reinstatement,
restoration, or modification of probation. Except as otherwise
provided in this chapter, all hearings shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code. If a contested case
is heard by the board the hearing officer who presided at the hearing
shall be present during the board's consideration of the case and,
if requested, shall assist and advise the board. The board shall
issue its decision pursuant to Section 11517 of the Government Code.
SEC. 18. Section 2615 of the Business and Professions Code is
amended to read:
2615. The board shall adopt those regulations as may be necessary
to effectuate this chapter. In adopting regulations the board shall
comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
SEC. 19. The heading of Article 2 (commencing with Section 2620)
of Chapter 5.7 of Division 2 of the Business and Professions Code is
amended to read:
Article 2. Scope of Regulation and Exemptions
SEC. 20. Section 2620 of the Business and
Professions Code is amended to read:
2620. Physical therapy means the art and science of physical or
corrective rehabilitation or of physical or corrective treatment of
any bodily or mental condition of any person. Physical therapy
includes all of the following:
(a) Examining, evaluating, and testing persons with mechanical,
physiological, and developmental impairments, functional limitations,
and disabilities or other health and movement-related conditions in
order to develop a plan of therapeutic intervention.
(b) Alleviating impairments, functional limitations, and
disabilities by designing, implementing, and modifying therapeutic
interventions that may include, but are not limited to, therapeutic
exercise; functional training in self-care and in-home, community, or
work integration or reintegration; manual therapy; therapeutic
massage; prescription, application, and, as appropriate, fabrication
of assistive, adaptive, orthotic, prosthetic, protective, and
supportive devices and equipment; airway clearance techniques;
integumentary protection and repair techniques; debridement and wound
care; physical agents or modalities; mechanical and electrical
therapeutic modalities; and patient-related instruction.
(c) Reducing the risk of injury, impairment, functional
limitation, and disability.
(d) Promoting and maintaining physical fitness to enhance the
bodily movement-related health and wellness of individuals through
the use of physical therapy interventions.
SEC. 21. SEC. 20. Section 2620.2 is
added to the Business and Professions Code, to read:
2620.2. Nothing in this chapter shall restrict or prohibit other
healing arts practitioners licensed or registered under this division
from practice within the scope of their license or registration.
SEC. 22. SEC. 21. Section 2620.7 of
the Business and Professions Code is amended to read:
2620.7. (a) Patient records shall be documented as required in
regulations promulgated by the board.
(b) Patient records shall be maintained for a period of no less
than seven years following the discharge of the patient, except that
the records of unemancipated minors shall be maintained at least one
year after the minor has reached the age of 18 years, and not in any
case less than seven years.
SEC. 23. Section 2621 of the Business and
Professions Code is amended to read:
2621. This chapter does not authorize a physical therapist to
diagnose disease, or practice medicine, surgery, or any other form of
healing except as authorized by Section 2620.
SEC. 24. SEC. 22. Section 2622 of
the Business and Professions Code is repealed.
SEC. 25. SEC. 23. Section 2622 is
added to the Business and Professions Code, to read:
2622. (a) A physical therapist shall be responsible for managing
all aspects of the care of each patient as set forth in regulations
promulgated by the board.
(b) A physical therapist shall not supervise more than two
physical therapist assistants at one time to assist the physical
therapist in his or her practice of physical therapy.
(c) A physical therapist may utilize the services of one aide
engaged in patient-related tasks to aid the physical therapist in his
or her practice of physical therapy.
SEC. 26. SEC. 24. Section 2623 is
added to the Business and Professions Code, to read:
2623. The board may, by regulation, prescribe, amend, or repeal
any rules contained within a code of professional conduct appropriate
to the establishment and maintenance of integrity and dignity in the
profession of physical therapy. Every licensee of the board shall be
governed and controlled by the rules and standards adopted by the
board.
SEC. 27. SEC. 25. The heading of
Article 3 (commencing with Section 2630) of Chapter 5.7 of Division 2
of the Business and Professions Code is repealed.
SEC. 28. SEC. 26. Section 2630 of
the Business and Professions Code is amended to read:
2630. It is unlawful for any person or persons to practice, or
offer to practice, physical therapy in this state for compensation
received or expected, or to hold himself or herself out as a physical
therapist, unless at the time of so doing the person holds a valid,
unexpired, and unrevoked physical therapist license issued under this
chapter, except as authorized by subdivisions (c), (d), (e), and (g)
of Section 2630.5.
SEC. 29. SEC. 27. Section 2630.3 is
added to the Business and Professions Code, to read:
2630.3. (a) A licensed physical therapist assistant holding a
valid, unexpired, and unrevoked physical therapist assistant license
may assist in the provision of physical therapy services only under
the supervision of a physical therapist licensed by the board. A
licensed physical therapist shall at all times be responsible for the
extent, kind, quality, and documentation of all physical therapy
services provided by the physical therapist assistant.
(b) It is unlawful for any person or persons to hold himself or
herself out as a physical therapist assistant, unless at the time of
so doing the person holds a valid, unexpired, and unrevoked physical
therapist assistant license issued under this chapter, except as
authorized in subdivisions (f) and (g) of Section 2630.5.
(c) Physical therapist assistants shall not be independently
supervised by a physical therapist license applicant, as defined in
Section 2639, or a physical therapist student, as defined in Section
2633.7.
(d) A physical therapist assistant shall not perform any
evaluation of a patient or prepare a discharge summary. The
supervising physical therapist shall determine which elements of the
treatment plan, if any, shall be assigned to the physical therapist
assistant. Assignment of patient care shall be commensurate with the
competence of the physical therapist assistant.
SEC. 30. SEC. 28. Section 2630.4 is
added to the Business and Professions Code, to read:
2630.4. (a) A "physical therapy aide" is an unlicensed person, at
least 18 years of age, who aids a licensed physical therapist
consistent with subdivision (b).
(b) The aide shall at all times be under the supervision of the
physical therapist. An aide shall not independently perform physical
therapy or any physical therapy procedure. The board shall adopt
regulations that set forth the standards and requirements for the
supervision of an aide by a physical therapist.
(c) Physical therapy aides shall not be independently supervised
by a physical therapist license applicant, as defined in Section
2639, or a physical therapist student, as defined in Section 2633.7.
(d) This section does not prohibit the administration by a
physical therapy aide of massage, external baths, or normal exercise
not a part of a physical therapy treatment.
SEC. 31. SEC. 29. Section 2630.5 is
added to the Business and Professions Code, to read:
2630.5. The following persons are exempt from the licensure
requirements of this chapter when engaged in the following
activities:
(a) A regularly matriculated physical therapist student
undertaking a course of professional instruction in an approved
entry-level physical therapy education program or enrolled in a
program of supervised clinical education under the direction of an
approved physical therapy education program as described in Section
2651. These physical therapist students may perform physical therapy
as a part of their course of study.
(b) A regularly matriculated physical therapist assistant student
undertaking a course of instruction in an approved physical therapy
education program or enrolled in a program of supervised clinical
education under the direction of an approved physical therapy
education program as described in Section 2651. These physical
therapist assistant students may perform physical therapy techniques
as a part of their course of study.
(c) A physical therapist who holds an unrestricted license in
another jurisdiction of the United States or credentialed to practice
physical therapy in another country if that person is researching,
demonstrating, or providing physical therapy in connection with
teaching or participating in an educational seminar of no more than
60 days in a calendar year.
(d) A physical therapist located outside this state, when in
actual consultation, whether within this state or across state lines,
with a licensed physical therapist of this state, or when he or she
is an invited guest of the American Physical Therapy Association or
one of its components, or an invited guest of an approved physical
therapy school or college for the sole purpose of engaging in
professional education through lectures, clinics, or demonstrations,
if, at the time of the consultation, lecture, or demonstration, he or
she holds an unrestricted physical therapist license in the state or
country in which he or she resides. The physical therapist shall not
open an office, appoint a place to meet patients, receive calls from
patients within the limits of this state, give orders, or have
ultimate authority over the care of a physical therapy patient who is
located within this state.
(e) A physical therapist who holds an unrestricted license in
another jurisdiction of the United States or credentialed to practice
physical therapy in another country if that person, by contract or
employment, is providing physical therapy to individuals affiliated
with or employed by established athletic teams, athletic
organizations, or performing arts companies temporarily practicing,
competing, or performing in the state for no more than 60 days in a
calendar year.
(f) A physical therapist assistant who holds an unrestricted
license in another jurisdiction of the United States and is assisting
a physical therapist engaged in activities described in subdivision
(c), (d), or (e).
(g) A physical therapist or physical therapist assistant who has a
current, valid, and unrestricted license in a jurisdiction of the
United States who is forced to leave his or her residence in a state
other than California due to a governmentally declared emergency.
This exemption applies for no more than 60 days following the
declaration of the emergency. In order to be eligible for this
exemption, the physical therapist or physical therapist assistant
shall notify the board of his or her intent to practice in this state
and provide a valid mailing address, telephone number, and e-mail
address.
SEC. 32. SEC. 30. Section 2632 of
the Business and Professions Code is repealed.
SEC. 33. SEC. 31. Section 2633.5 is
added to the Business and Professions Code, to read:
2633.5. (a) Only a person licensed as a physical therapist
assistant by the board may use the title "physical therapist
assistant" or "physical therapy assistant" or the letters "PTA" or
any other words, letters, or figures that indicate that the person is
a physical therapist assistant licensed pursuant to this chapter.
(b) The license of a physical therapist assistant shall not
authorize the use of the prefix "LPT," "RPT," "PT," or Dr.," or the
title "physical therapist," "therapist," "doctor," or any affix
indicating or implying that the physical therapist assistant is a
physical therapist or doctor.
SEC. 34. SEC. 32. Section 2633.7 is
added to the Business and Professions Code, to read:
2633.7. During a period of clinical practice described in Section
2650 or in any similar period of observation of related educational
experience involving recipients of physical therapy, a person so
engaged shall be identified only as a "physical therapist student" or
a "physical therapist assistant student," as authorized by the board
in its regulations.
SEC. 35. SEC. 33. The heading of
Article 3 (commencing with Section 2635) is added to Chapter 5.7 of
Division 2 of the Business and Professions Code, to read:
Article 3. Qualifications and Requirements for Licensure
SEC. 36. SEC. 34. Section 2636 of
the Business and Professions Code is amended to read:
2636. (a) Except as otherwise provided in this chapter, no person
shall receive a license under this chapter without first
successfully passing the following examinations, where success is
determined based on the examination passing standard set by the
board:
(1) An examination under the direction of the board to demonstrate
the applicant's knowledge of the laws and regulations related to the
practice of physical therapy in California. The examination shall
reasonably test the applicant's knowledge of these laws and
regulations.
(2) The physical therapy examination for the applicant's licensure
category. The examination for licensure as a physical therapist
shall test entry-level competence to practice physical therapy. The
examination for licensure as a physical therapist assistant shall
test entry-level competence to practice as a physical therapist
assistant in the technical application of physical therapy services.
(b) An applicant may take the examinations for licensure as a
physical therapist or for licensure as a physical therapist assistant
after the applicant has met the educational requirements for that
particular category of licensure.
(c) The examinations required by the board for a license under
this chapter may be conducted by the board or by a public or private
organization specified by the board. The examinations may be
conducted under a uniform examination system and, for that purpose,
the board may make arrangements with organizations furnishing
examination materials as may, in its discretion, be desirable.
SEC. 37. SEC. 35. Section 2636.5 of
the Business and Professions Code is amended to read:
2636.5. (a) An applicant may be issued a license without a
written examination if he or she meets all of the following:
(1) He or she is at the time of application licensed as a physical
therapist or physical therapist assistant in a state, district, or
territory of the United States having, in the opinion of the board,
requirements for licensing equal to or higher than those in
California, and he or she has passed, to the satisfaction of the
board, an examination for licensing that is, in the opinion of the
board, comparable to the examination used in this state.
(2) He or she is a graduate of a physical therapist or physical
therapist assistant education program approved by the board, or has
met the requirements of Section 2639.1, 2653, or 2654.
(3) He or she files an application with the board and meets the
requirements prescribed by Sections 2635 and 2650.
(b) An applicant for licensure under subdivision (a), whose
application is based on a certificate issued by a physical therapy
licensing authority of another state may be required to file a
statement of past work activity.
(c) An applicant who has filed a physical therapy application
under this section with the board for the first time may, between the
date of receipt of notice that his or her application is on file and
the date of receipt of his or her license, perform as a physical
therapist under the supervision of a physical therapist licensed in
this state.
During this period the applicant shall identify himself or herself
only as a "physical therapist license applicant" or "physical
therapist assistant license applicant," as appropriate.
If the applicant under this section does not qualify and receive a
license as provided in this section and does not qualify under
Section 2639, all privileges under this section shall terminate upon
notice by the board. An applicant may only qualify once to perform as
a physical therapist license applicant.
SEC. 38. SEC. 36. Section 2638 of
the Business and Professions Code is amended to read:
2638. Any applicant for licensure as a physical therapist or
physical therapist assistant who fails to pass the examination
required by the board may take another examination and shall pay the
reexamination fee.
SEC. 39. SEC. 37. Section 2639 of
the Business and Professions Code is repealed.
SEC. 40. SEC. 38. Section 2639 is
added to the Business and Professions Code, to read:
2639. (a) (1) Every graduate of an approved physical therapy
education program who has filed a complete application, as defined in
regulation, for licensure with the board and has been awarded either
physical therapist license applicant status or physical therapist
assistant license applicant status shall practice under the
supervision of a licensed physical therapist pursuant to this chapter
for no more than 120 days pending the results of the first licensing
examination administered. If the applicant passes the examination,
the physical therapist license applicant status or physical therapist
assistant license applicant status shall remain in effect until a
regular renewable license is issued, or licensure is denied, by the
board. A supervising physical therapist shall document receipt of the
letter authorizing the physical therapist license applicant status
or physical therapist assistant license applicant status and record
the expiration date of that status in the employee record. A
supervising physical therapist shall require the applicant to provide
documentation of the license issued at the conclusion of the
physical therapist license applicant status or physical therapist
assistant license applicant status. During this period the applicant
shall identify himself or herself only as "physical therapist license
applicant" or "physical therapist assistant license applicant," as
appropriate.
(2) A person shall not be considered a graduate unless he or she
has successfully completed all the clinical training and internship
required for graduation from the education program.
(3) A person who has filed a complete application pursuant to
Section 2636.5 may be issued license applicant status authorizing
that individual to practice under the provisions described in
paragraph (1).
(b) A physical therapist license applicant who has been awarded
license applicant status may perform as a physical therapist if he or
she is under the supervision of a physical therapist licensed by the
board. A physical therapist assistant license applicant who has been
awarded license applicant status may perform as a physical therapist
assistant if he or she is under the supervision of a physical
therapist licensed by the board. The applicant shall comply with any
requirements applicable to the license for which he or she applied.
An applicant may not perform in those capacities if he or she fails
the first examination attempt.
SEC. 41. SEC. 39. Section 2639.1 is
added to the Business and Professions Code, to read:
2639.1. A person seeking licensure as a physical therapist
assistant having, in the opinion of the board, training or
experience, or a combination of training and experience, equivalent
to that obtained in an approved physical therapist assistant
education program, and who is, at the time of application, a person
over 18 years of age, not addicted to alcohol or any controlled
substance, and who has not committed acts or crimes constituting
grounds for denial of licensure under Section 480 may apply to the
board for licensure.
SEC. 42. SEC. 40. Section 2640 of
the Business and Professions Code is repealed.
SEC. 43. SEC. 41. Article 3
4 (commencing with Section 2644) is added to
Chapter 5.7 of Division 2 of the Business and Professions Code, to
read:
Article 3. 4. Renewal of
Licenses
2644. (a) Every license issued under this chapter shall expire at
12 a.m. on the last day of the birth month of the licensee during
the second year of a two-year term, if not renewed.
(b) To renew an unexpired license, the licensee shall, on or
before the date on which it would otherwise expire, apply for renewal
on a form prescribed by the board, pay the prescribed renewal fee,
and submit proof of the completion of continuing competency required
by the board pursuant to Section 2649. The licensee shall disclose on
his or her license renewal application any misdemeanor or other
criminal offense for which he or she has been found guilty or to
which he or she has pleaded guilty or no contest.
2645. At least 60 days before the expiration of any license, the
board shall mail to each licensee under this chapter, at the latest
address furnished by the licensee to the board, a notice stating the
amount of the renewal fee and the date on which it is due, and that
failure to pay it on or before the due date shall result in
expiration of the license.
2646. A license that has expired may be renewed at any time
within five years after its expiration by applying for renewal as set
forth in Section 2644. Renewal under this section shall be effective
on the date on which the renewal application is filed, on the date
on which the renewal fee or accrued renewal fees are paid, or on the
date on which the delinquency fee and penalty fee, if any, are paid,
whichever last occurs. A renewed license shall continue in effect
through the expiration date set forth in Section 2644 that next
occurs after the effective date of the renewal, at which time it
shall expire and become invalid if it is not so renewed.
2647. A person who fails to renew his or her license within five
years after its expiration may not renew it, and it shall not be
reissued, reinstated, or restored thereafter. However, the person may
apply for a new license if he or she satisfies the requirements set
forth in Article 3 (commencing with Section 2635).
2648. (a) A licensee is exempt from the payment of the renewal
fee while engaged in full-time training or active service in the
United States Army, Navy, Air Force, Marines, or Coast Guard, or in
the United States Public Health Service.
(b) A person exempted from the payment of the renewal fee by this
section shall not engage in any practice of, or assistance in the
provision of, physical therapy not related to his or her military
service and shall become liable for payment of the fee for the
current renewal period upon his or her discharge from full-time
active service and shall have a period of 60 days after becoming
liable within which to pay the renewal fee before the delinquency fee
is required. Any person who is discharged from active service within
60 days of the end of the renewal period is exempt from the payment
of the renewal fee for that period.
(c) The time spent in full-time active service or training shall
not be included in the computation of the five-year period for
renewal and reinstatement of licensure provided in Section 2646.
(d) A person exempt from renewal fees under this section shall not
be exempt from meeting the requirements of Section 2649.
2648.3. A licensee who demonstrates to the satisfaction of the
board that he or she is unable to practice, or assist in the
provision of, physical therapy due to a disability may request a
waiver of the license renewal fee. The granting of a waiver shall be
at the discretion of the board and may be terminated at any time.
Waivers shall be based on the inability of a licensee to practice, or
assist in the provision of, physical therapy. A licensee whose
renewal fee has been waived pursuant to this section shall not engage
in the practice of, or assist in the provision of, physical therapy
unless and until the licensee pays the current renewal fee and does
either of the following:
(a) Establishes to the satisfaction of the board, on a form
prescribed by the board and signed under penalty of perjury, that the
licensee's disability either no longer exists or does not affect his
or her ability to practice, or assist in the provision of, physical
therapy safely.
(b) Signs an agreement, on a form prescribed by the board and
signed under penalty of perjury, to limit his or her practice of, or
assistance in the provision of, physical therapy in the manner
prescribed by his or her reviewing physician.
(c) A person exempt from renewal fees under this section shall not
be exempt from meeting the requirements of Section 2649.
2648.5. (a) The renewal fee shall be waived for licensees
residing in California who certify to the board that license renewal
is for the sole purpose of providing voluntary, unpaid physical
therapy services.
(b) A person exempt from renewal fees under this section shall not
be exempt from meeting the requirements of Section 2649.
2648.7. A licensee is exempt from the payment of the renewal fee
and from meeting the requirements set forth in Section 2649 if he or
she has applied to the board for retired license status. A holder of
a license in retired status pursuant to this section shall not engage
in the practice of, or assist in the provision of, physical therapy
unless the licensee applies for renewal and meets all of the
requirements as set forth in Section 2644.
SEC. 44. SEC. 42. The heading of
Article 4 (commencing with Section 2650) of Chapter 5.7 of Division 2
of the Business and Professions Code is amended and renumbered to
read:
Article 5. Educational Standards
SEC. 45. SEC. 43. Section 2650 of
the Business and Professions Code is repealed.
SEC. 46. SEC. 44. Section 2650 is
added to the Business and Professions Code, to read:
2650. (a) The physical therapist education requirements are as
follows:
(1) Except as otherwise provided in this chapter, each applicant
for a license as a physical therapist shall be a graduate of a
professional degree program of an accredited postsecondary
institution or institutions approved by the board and shall have
completed a professional education program including academic course
work and clinical internship in physical therapy.
(2) Unless otherwise specified by the board by regulation, the
educational requirements shall include instruction in the subjects
prescribed by the Commission on Accreditation in Physical Therapy
Education (CAPTE) of the American Physical Therapy Association or the
Accreditation Council of Canadian Physiotherapy and shall include a
combination of didactic and clinical experiences. The clinical
experience shall include at least 18 weeks of full-time experience
with a variety of patients.
(b) The physical therapist assistant educational requirements are
as follows:
(1) Except as otherwise provided in this chapter, each applicant
for a license as a physical therapist assistant shall be a graduate
of a physical therapist assistant program of an accredited
postsecondary institution or institutions approved by the board, and
shall have completed both the academic and clinical experience
required by the physical therapist assistant program, and have been
awarded an associate degree.
(2) Unless otherwise specified by the board by regulation, the
educational requirements shall include instruction in the subjects
prescribed by the CAPTE of the American Physical Therapy Association
or the Accreditation Council of Canadian Physiotherapy or such other
body as may be approved by the board by regulation and shall include
a combination of didactic and clinical experiences. The clinical
experience shall include at least 18 weeks of full-time experience
with a variety of patients.
SEC. 47. SEC. 45. Section 2650.1 of
the Business and Professions Code is repealed.
SEC. 48. SEC. 46. Section 2650.2 of
the Business and Professions Code is repealed.
SEC. 49. SEC. 47. Section 2651 of
the Business and Professions Code is amended to read:
2651. The board shall approve only those physical therapist and
physical therapist assistant education programs that prove to the
satisfaction of the board that they comply with the minimum physical
therapist or physical therapist assistant educational requirements
set forth in this chapter and adopted by the board pursuant to this
chapter. Physical therapist and physical therapist assistant
education programs that are accredited by the Commission on
Accreditation in Physical Therapy Education of the American Physical
Therapy Association (APTA) or the Accreditation Council of Canadian
Physiotherapy or such other body as may be approved by the board by
regulation, shall be deemed approved by the board unless the board
determines otherwise. This chapter shall not prohibit the board from
disapproving any foreign physical therapist or physical therapist
assistant educational program or from denying an applicant if, in the
opinion of the board, the instruction received by the applicant or
the courses offered by the program were not equivalent to that which
is required by this chapter.
SEC. 50. SEC. 48. Section 2652 of
the Business and Professions Code is repealed.
SEC. 51. SEC. 49. Section 2653 of
the Business and Professions Code is repealed.
SEC. 52. SEC. 50. Section 2653 is
added to the Business and Professions Code, to read:
2653. An applicant for a license as a physical therapist who has
graduated from a physical therapist education program that is not
approved by the board and is not located in the United States shall
do all of the following:
(a) Furnish documentary evidence satisfactory to the board, that
he or she has completed a professional degree in a physical therapist
educational program substantially equivalent at the time of his or
her gradation to that issued by a board approved physical therapist
education program. The professional degree must entitle the applicant
to practice as a physical therapist in the country where the diploma
was issued. The applicant shall meet the educational requirements
set forth in paragraph (2) of subdivision (a) of Section 2650. The
board may require an applicant to submit documentation of his or her
education to a credentials evaluation service for review and a report
to the board.
(b) Demonstrate proficiency in English by achieving a score
specified by the board on the Test of Spoken English administered by
the Educational Testing Services or such other examination as may be
specified by the board by regulation.
(c) Complete nine months of clinical service in a location
approved by the board under the supervision of a physical therapist
licensed by a United States jurisdiction, in a manner satisfactory to
the board. The applicant shall have passed the written examination
required in Section 2636 prior to commencing the period of clinical
service. The board shall require the supervising physical therapist
to evaluate the applicant and report his or her findings to the
board. The board may in its discretion waive all or part of the
required clinical service pursuant to guidelines set forth in its
regulations. During the period of clinical service, the applicant
shall be identified as a physical therapist license applicant. If an
applicant fails to complete the required period of clinical service,
the board may, for good cause shown, allow the applicant to complete
another period of clinical service.
SEC. 53. SEC. 51. Section 2654 is
added to the Business and Professions Code, to read:
2654. If an applicant who has graduated from a physical therapist
education program that is not approved by the board and is not
located in the United States does not qualify to take the physical
therapist examination, his or her education may be evaluated by the
board and the applicant may be eligible to take the physical
therapist assistant examination.
SEC. 54. SEC. 52. Article 4.5
(commencing with Section 2655) of Chapter 5.7 of Division 2 of the
Business and Professions Code is repealed.
SEC. 55. SEC. 53. The heading of
Article 5 (commencing with Section 2660) of Chapter 5.7 of Division 2
of the Business and Professions Code is amended and renumbered to
read:
Article 6. Enforcement
SEC. 56. SEC. 54. Section 2660 of
the Business and Professions Code is amended to read:
2660. Unprofessional conduct constitutes grounds for citation,
discipline, denial of a license, or issuance of a probationary
license. The board may, after the conduct of appropriate proceedings
under the Administrative Procedure Act, issue a citation, impose
discipline, deny a license, suspend for not more than 12 months, or
revoke, or impose probationary conditions upon any license issued
under this chapter for unprofessional conduct that includes, in
addition to other provisions of this chapter, but is not limited to,
the following:
(a) Violating or attempting to violate, directly or indirectly,
assisting in or abetting the violation of, or conspiring to violate
any provision of this chapter, any regulations duly adopted under
this chapter, or the Medical Practice Act.
(b) Advertising in violation of Section 17500.
(c) Obtaining or attempting to obtain a license by fraud or
misrepresentation.
(d) Practicing or offering to practice beyond the scope of
practice of physical therapy.
(e) Conviction of a crime that substantially relates to the
qualifications, functions, or duties of a physical therapist or
physical therapist assistant. The record of conviction or a certified
copy thereof shall be conclusive evidence of that conviction.
(f) Unlawful possession or use of, or conviction of a criminal
offense involving, a controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug as defined in Article 2 (commencing with Section
4015) of Chapter 9, as follows:
(1) Obtaining or possessing in violation of law, or except as
directed by a licensed physician and surgeon, dentist, or podiatrist,
administering to himself or herself, or furnishing or administering
to another, any controlled substances or any dangerous drug.
(2) Using any controlled substance or any dangerous drug.
(3) Conviction of a criminal offense involving the consumption or
self-administration of, or the possession of, or falsification of a
record pertaining to, any controlled substance or any dangerous drug,
in which event the record of the conviction is conclusive evidence
thereof.
(g) Failure to maintain adequate and accurate records relating to
the provision of services to his or her patients.
(h) Gross negligence or repeated acts of negligence in practice or
in the delivery of physical therapy care.
(i) Aiding or abetting any person to engage in the unlawful
practice of physical therapy.
(j) The commission of any fraudulent, dishonest, or corrupt act
that is substantially related to the qualifications, functions, or
duties of a physical therapist or physical therapist assistant.
(k) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of blood-borne infectious diseases from
licensee to patient, from patient to patient, and from patient to
licensee. In administering this subdivision, the board shall consider
referencing the standards, regulations, and guidelines of the State
Department of Public Health developed pursuant to Section 1250.11 of
the Health and Safety Code and the standards, regulations, and
guidelines pursuant to the California Occupational Safety and Health
Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of
the Labor Code) for preventing the transmission of HIV, hepatitis B,
and other blood-borne pathogens in health care settings. As
necessary, the board shall consult with the Medical Board of
California, the California Board of Podiatric Medicine, the Dental
Board of California, the Board of Registered Nursing, and the Board
of Vocational Nursing and Psychiatric Technicians of the State of
California, to encourage appropriate consistency in the
implementation of this subdivision.
(l) The commission of verbal abuse or sexual harassment.
(m) Engaging in sexual misconduct or violating Section 726.
(n) Permitting a physical therapist assistant or physical therapy
aide under one's supervision or control to perform, or permitting the
physical therapist assistant or physical therapy aide to hold
himself or herself out as competent to perform, professional services
beyond the level of education, training, and experience of the
physical therapist assistant or aide.
(o) The revocation, suspension, or other discipline, restriction,
or limitation imposed by another state upon a license or certificate
to practice physical therapy issued by that state, or the revocation,
suspension, or restriction of the authority to practice physical
therapy by any agency of the federal government.
(p) Viewing a completely or partially disrobed patient in the
course of treatment if the viewing is not necessary to patient
evaluation or treatment under current standards.
(q) Engaging in any act in violation of Section 650, 651, or
654.2.
(r) Charging a fee for services not performed.
(s) Misrepresenting documentation of patient care or deliberate
falsifying of patient records.
(t) Except as otherwise allowed by law, the employment of runners,
cappers, steerers, or other persons to procure patients.
(u) The willful, unauthorized violation of professional
confidence.
(v) Failing to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a patient in confidence during the course of treatment
and all information about the patient that is obtained from tests or
other means.
(w) Habitual intemperance.
SEC. 57. SEC. 55. Section 2660.2 of
the Business and Professions Code is amended to read:
2660.2. (a) The board may refuse a license to any applicant
guilty of unprofessional conduct or sexual activity referred to in
Section 2660.1. The board may, in its sole discretion, issue a public
letter of reprimand in accordance with Section 2660.3 or may issue a
probationary license to any applicant for a license who is guilty of
unprofessional conduct but who has met all other requirements for
licensure. The board may issue the license subject to any terms or
conditions not contrary to public policy, including, but not limited
to, the following:
(1) Medical or psychiatric evaluation.
(2) Continuing medical or psychiatric treatment.
(3) Restriction of the type or circumstances of practice.
(4) Continuing participation in a board-approved rehabilitation
program.
(5) Abstention from the use of alcohol or drugs.
(6) Random fluid testing for alcohol or drugs.
(7) Compliance with laws and regulations governing the practice of
physical therapy.
(b) The applicant shall have the right to appeal the denial, or
the issuance with terms and conditions, of any license in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and the board shall have all the
powers granted therein. The action shall be final, except that the
propriety of the action is subject to review by the superior court
pursuant to Section 1094.5 of the Code of Civil Procedure.
(c) In lieu of refusing a license, the board may, upon stipulation
or agreement by the licensee, issue a public letter of reprimand
after it has conducted an investigation or inspection as provided for
in this chapter. The public letter of reprimand may include a
requirement for specified training or education, and cost recovery
for investigative costs. The board shall notify the licensee of its
intention to issue the letter 30 days before the intended issuance
date of the letter. The licensee shall indicate in writing at least
15 days prior to the letter's intended issuance date whether he or
she agrees to the issuance of the letter. The board, at its option,
may extend the time within which the licensee may respond to its
notification. If the licensee does not agree to the issuance of the
letter, the board shall not issue the letter and may proceed to file
the accusation. The board may use a public letter of reprimand only
for minor violations, as defined by the board, committed by the
applicant. A public letter of reprimand issued pursuant to this
section shall be disclosed by the board to an inquiring member of the
public and shall be posted on the board's Internet Web site.
SEC. 58. SEC. 56. Section 2660.3 of
the Business and Professions Code is amended to read:
2660.3. In lieu of filing or prosecuting a formal accusation
against a licensee, the board may, upon stipulation or agreement by
the licensee, issue a public letter of reprimand after it has
conducted an investigation or inspection as provided for in this
chapter. The public letter of reprimand may include a requirement for
specified training or education, and cost recovery for investigative
costs. The board shall notify the licensee of its intention to issue
the letter 30 days before the intended issuance date of the letter.
The licensee shall indicate in writing at least 15 days prior to the
letter's intended issuance date whether he or she agrees to the
issuance of the letter. The board, at its option, may extend the time
within which the licensee may respond to its notification. If the
licensee does not agree to
the issuance of the letter, the board shall not issue the letter and
may proceed to file the accusation. The board may use a public
letter of reprimand only for minor violations, as defined by the
board, committed by the licensee. A public letter of reprimand issued
pursuant to this section shall be disclosed by the board to an
inquiring member of the public and shall be posted on the board's
Internet Web site.
SEC. 59. SEC. 57. Section 2660.4 is
added to the Business and Professions Code, to read:
2660.4. A licensee who fails or refuses to comply with a request
from the board for the medical records of a patient, that is
accompanied by that patient's written authorization for release of
records to the board, within 15 days of receiving the request and
authorization shall pay to the board a civil penalty of one thousand
dollars ($1,000) per day for each day that the records have not been
produced after the 15th day, unless the licensee is unable to provide
the records within this time period for good cause.
SEC. 60. SEC. 58. Section 2660.5 of
the Business and Professions Code is amended to read:
2660.5. The board shall deny a physical therapist license or
physical therapist assistant license to an applicant who is required
to register pursuant to Section 290 of the Penal Code. This section
does not apply to an applicant who is required to register as a sex
offender pursuant to Section 290 of the Penal Code solely because of
a misdemeanor conviction under Section 314 of the Penal Code.
SEC. 61. SEC. 59. Section 2660.8 is
added to the Business and Professions Code, to read:
2660.8. A licensee whose matter has been heard by an
administrative law judge of the Medical Quality Hearing Panel as
designated in Section 11371 of the Government Code, or whose default
has been entered or who has entered into a stipulation for
disciplinary action with the board, may, in accordance with the
provisions of this chapter:
(a) Have his or her license revoked upon order of the board.
(b) Have his or her right to practice suspended for a period not
to exceed one year upon order of the board.
(c) Be placed on probation and required to pay the costs of
probation monitoring upon order of the board.
(d) Be publicly reprimanded by the board.
(e) Be required to surrender his or her license based on an order
of the board.
(f) Have any other action taken in relation to discipline as part
of an order of probation, as the board or an administrative law judge
may deem proper.
SEC. 62. SEC. 60. Section 2661 of
the Business and Professions Code is amended to read:
2661. A plea or verdict of guilty or a conviction following a
plea of nolo contendere is deemed to be a conviction within the
meaning of this article. The board may order discipline of the
licensee in accordance with Section 2660 or the board may take action
as authorized in Section 2660.2 on an application when the time for
appeal has elapsed, or the judgment of conviction has been affirmed
on appeal or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under
Section 1203.4 of the Penal Code allowing that person to withdraw his
or her plea of guilty and to enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.
SEC. 63. SEC. 61. Section 2661.7 of
the Business and Professions Code is amended to read:
2661.7. (a) A person whose license has been revoked or suspended,
or who has been placed on probation, may petition the board for
reinstatement or modification of penalty, including modification or
termination of probation, after a period of not less than the
following minimum periods has elapsed from the effective date of the
decision ordering that disciplinary action:
(1) At least three years for reinstatement of a license or
approval revoked for unprofessional conduct, except that the board
may, for good cause shown, specify in a revocation order that a
petition for reinstatement may be filed after two years.
(2) At least two years for early termination or one year for
modification of a condition of probation of three years or more.
(3) At least one year for reinstatement of a license revoked for
mental or physical illness, or for modification of a condition, or
termination of probation of less than three years.
(b) The petition shall state any facts as may be required by the
board. The petition shall be accompanied by at least two verified
recommendations from physical therapists licensed by the board who
have personal knowledge of the activities of the petitioner since the
disciplinary penalty was imposed.
(c) The petition may be heard by the board. The board may assign
the petition to an administrative law judge designated in Section
11371 of the Government Code. After a hearing on the petition, the
administrative law judge shall provide a proposed decision to the
board that shall be acted upon in accordance with the Administrative
Procedure Act.
(d) The board or the administrative law judge hearing the petition
may consider all activities of the petitioner since the disciplinary
action was taken, the offense for which the petitioner was
disciplined, the petitioner's activities during the time the license
was in good standing, and the petitioner's rehabilitative efforts,
general reputation for truth, and professional ability. The hearing
may be continued, as the board or the administrative law judge
designated in Section 11371 of the Government Code finds necessary.
(e) The administrative law judge designated in Section 11371 of
the Government Code when hearing a petition for reinstating a
license, or modifying a penalty, may recommend the imposition of any
terms and conditions deemed necessary.
(f) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole. No petition
shall be considered while there is an accusation or petition to
revoke probation pending against the petitioner. The board may deny,
without a hearing or argument, any petition filed pursuant to this
section within a period of two years from the effective date of the
prior decision following a hearing under this section.
(g) Nothing in this section shall be deemed to alter Sections 822
and 823.
SEC. 64. SEC. 62. The
heading of Article 5.5 (commencing with Section 2662) of Chapter 5.7
of Division 2 of the Business and Professions Code is amended and
renumbered to read:
Article 7. Substance Abuse Rehabilitation Program
SEC. 65. SEC. 63. Section 2663 of
the Business and Professions Code is amended to read:
2663. The board shall establish and administer a substance abuse
rehabilitation program, hereafter referred to as the rehabilitation
program, for the rehabilitation of physical therapists and physical
therapist assistants whose competency is impaired due to the abuse of
drugs or alcohol. The board may contract with any other state agency
or a private organization to perform its duties under this article.
The board may establish one or more rehabilitation evaluation
committees to assist it in carrying out its duties under this
article. Any rehabilitation evaluation committee established by the
board shall operate under the direction of the rehabilitation program
manager, as designated by the executive officer of the board. The
program manager has the primary responsibility to review and evaluate
recommendations of the committee.
SEC. 66. SEC. 64. Section 2664 of
the Business and Professions Code is amended to read:
2664. (a) Any rehabilitation evaluation committee established by
the board shall have at least three members. In making appointments
to a rehabilitation evaluation committee, the board shall consider
the appointment of persons who are either recovering from substance
abuse and have been free from substance abuse for at least three
years immediately prior to their appointment or who are knowledgeable
in the treatment and recovery of substance abuse. The board also
shall consider the appointment of a physician and surgeon who is
board certified in psychiatry.
(b) Appointments to a rehabilitation evaluation committee shall be
by the affirmative vote of a majority of members appointed to the
board. Each appointment shall be at the pleasure of the board for a
term not to exceed four years. In its discretion, the board may
stagger the terms of the initial members so appointed.
(c) A majority of the members of a rehabilitation evaluation
committee shall constitute a quorum for the transaction of business.
Any action requires an affirmative vote of a majority of those
members present at a meeting constituting at least a quorum. Each
rehabilitation evaluation committee shall elect from its membership a
chairperson and a vice chairperson. Notwithstanding the Bagley-Keene
Open Meeting Act (Article 9 (commencing with Section 11120) of
Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code),
relating to public meetings, a rehabilitation evaluation committee
may convene in closed session to consider matters relating to any
physical therapist or physical therapist assistant applying for or
participating in a rehabilitation program, and a meeting which will
be convened entirely in closed session need not comply with Section
11125 of the Government Code. A rehabilitation evaluation committee
shall only convene in closed session to the extent it is necessary to
protect the privacy of an applicant or participant. Each member of a
rehabilitation evaluation committee shall receive a per diem and
shall be reimbursed for expenses as provided in Section 103.
SEC. 67. SEC. 65. Section 2665 of
the Business and Professions Code is amended to read:
2665. Each rehabilitation evaluation committee has the following
duties and responsibilities:
(a) To evaluate physical therapists and physical therapist
assistants who request participation in the rehabilitation program
and to make recommendations. In making recommendations, the committee
shall consider any recommendations from professional consultants on
the admission of applicants to the rehabilitation program.
(b) To review and designation of treatment facilities to which
physical therapists and physical therapist assistants in the
rehabilitation program may be referred.
(c) To receive and review information concerning physical
therapists and physical therapist assistants participating in the
program.
(d) Calling meetings as necessary to consider the requests of
physical therapists and physical therapist assistants to participate
in the rehabilitation program, to consider reports regarding
participants in the program, and to consider any other matters
referred to it by the board.
(e) To consider whether each participant in the rehabilitation
program may with safety continue or resume the practice of physical
therapy.
(f) To set forth in writing the terms and conditions of the
rehabilitation agreement that is approved by the program manager for
each physical therapist and physical therapist assistant
participating in the program, including treatment, supervision, and
monitoring requirements.
(g) To hold a general meeting at least twice a year, which shall
be open and public, to evaluate the rehabilitation program's
progress, to prepare reports to be submitted to the board, and to
suggest proposals for changes in the rehabilitation program.
(h) For the purposes of Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code, any member of a rehabilitation
evaluation committee shall be considered a public employee. No board
or rehabilitation evaluation committee member, contractor, or agent
thereof, shall be liable for any civil damage because of acts or
omissions which may occur while acting in good faith in a program
established pursuant to this article.
SEC. 68. SEC. 66. Section 2666 of
the Business and Professions Code is amended to read:
2666. (a) Criteria for acceptance into the rehabilitation program
shall include all of the following:
(1) The applicant shall be licensed as a physical therapist or as
a physical therapist assistant by the board and shall be a resident
of California.
(2) The applicant shall be found to abuse dangerous drugs or
alcoholic beverages in a manner that may affect his or her ability to
practice physical therapy safely or competently.
(3) The applicant shall have voluntarily requested admission to
the program or shall be accepted into the program in accordance with
terms and conditions resulting from a disciplinary action.
(4) The applicant shall agree to undertake any medical or
psychiatric examination ordered to evaluate the applicant for
participation in the program.
(5) The applicant shall cooperate with the program by providing
medical information, disclosure authorizations, and releases of
liability as may be necessary for participation in the program.
(6) The applicant shall agree in writing to cooperate with all
elements of the treatment program designed for him or her.
Any applicant may be denied participation in the program if the
board, the program manager, or a rehabilitation evaluation committee
determines that the applicant will not substantially benefit from
participation in the program or that the applicant's participation in
the program creates too great a risk to the public health, safety,
or welfare.
(b) A participant may be terminated from the program for any of
the following reasons:
(1) The participant has successfully completed the treatment
program.
(2) The participant has failed to comply with the treatment
program designated for him or her.
(3) The participant fails to meet any of the criteria set forth in
subdivision (a) or (c).
(4) It is determined that the participant has not substantially
benefited from participation in the program or that his or her
continued participation in the program creates too great a risk to
the public health, safety, or welfare. Whenever an applicant is
denied participation in the program or a participant is terminated
from the program for any reason other than the successful completion
of the program, and it is determined that the continued practice of
physical therapy by that individual creates too great a risk to the
public health, safety, and welfare, that fact shall be reported to
the executive officer of the board and all documents and information
pertaining to and supporting that conclusion shall be provided to the
executive officer. The matter may be referred for investigation and
disciplinary action by the board. Each physical therapist or physical
therapy assistant who requests participation in a rehabilitation
program shall agree to cooperate with the recovery program designed
for him or her. Any failure to comply with that program may result in
termination of participation in the program.
The rehabilitation evaluation committee shall inform each
participant in the program of the procedures followed in the program,
of the rights and responsibilities of a physical therapist or
physical therapist assistant in the program, and the possible results
of noncompliance with the program.
(c) In addition to the criteria and causes set forth in
subdivision (a), the board may set forth in its regulations
additional criteria for admission to the program or causes for
termination from the program.
SEC. 69. SEC. 67. Section 2667 of
the Business and Professions Code is amended to read:
2667. All board and rehabilitation evaluation committee records
and records of proceedings and participation of a physical therapist
or physical therapist assistant in a program shall be confidential
and are not subject to discovery or subpoena.
SEC. 70. SEC. 68. Section 2668 of
the Business and Professions Code is amended to read:
2668. (a) A fee to cover the actual cost of administering the
program shall be charged for participation in the program. If the
board contracts with any other entity to carry out this article, at
the discretion of the board, the fee may be collected and retained by
that entity.
(b) If the board contracts with any other entity to carry out this
section, the executive officer of the board, or his or her designee,
shall review the activities and performance of the contractor on a
biennial basis. As part of this review, the board shall review files
of participants in the program. However, the names of participants
who entered the program voluntarily shall remain confidential, except
when the review reveals misdiagnosis, case mismanagement, or
noncompliance by the participant.
(c) Subdivision (a) shall apply to all new participants entering
into the board's rehabilitation program on or after January 1, 2007.
Subdivision (a) shall apply on and after January 1, 2008, to
participants currently enrolled as of December 31, 2007.
SEC. 71. SEC. 69. Section 2669 of the
Business and Professions Code is amended to read:
2669. Participation in a rehabilitation program shall not be a
defense to any disciplinary action that may be taken by the board.
This section does not preclude the board from commencing disciplinary
action against a physical therapist or physical therapist assistant
who is terminated unsuccessfully from the program. That disciplinary
action may not include as evidence any confidential information.
SEC. 72. SEC. 70. The heading of
Article 6 (commencing with Section 2670) of Chapter 5.7 of Division 2
of the Business and Professions Code is amended and renumbered to
read:
Article 8. Offenses Against this Chapter
SEC. 73. SEC. 71. Section 2672 of
the Business and Professions Code is amended to read:
2672. Whenever any person has engaged or is about to engage in
any acts or practices that constitute or will constitute an offense
against this chapter, the superior court of any county, on
application of the board, or 10 or more persons holding physical
therapist licenses issued under this chapter, may issue an injunction
or other appropriate order restraining the conduct. Proceedings
under this section shall be governed by Chapter 3 (commencing with
Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
SEC. 74. SEC. 72. The heading of
Article 6.5 (commencing with Section 2676) of Chapter 5.7 of Division
2 of the Business and Professions Code is repealed.
SEC. 75. SEC. 73. Section 2676 of
the Business and Professions Code is amended and renumbered to read:
2649. (a) A person renewing his or her license shall submit proof
satisfactory to the board that, during the preceding two years, he
or she has completed the required number of continuing education
hours established by regulation by the board, or such other proof of
continuing competency as the board may establish by regulation.
Required continuing education shall not exceed 30 hours every two
years.
(b) The board shall adopt and administer regulations including,
but not limited to, continuing education intended to ensure the
continuing competency of persons licensed pursuant to this chapter.
The board may establish different requirements for physical
therapists and physical therapist assistants. The board may not
require the completion of an additional postsecondary degree or
successful completion of an examination as a condition of renewal,
but may recognize these as demonstrative of continuing competency.
This program shall include provisions requiring random audits of
licensees in order to ensure compliance.
(c) The administration of this section may be funded through
professional license fees, continuing education provider fees, and
recognized approval agency fees. The fees shall not exceed the
amounts necessary to cover the actual costs of administering this
section.
SEC. 76. SEC. 74. The heading of
Article 7 (commencing with Section 2680) of Chapter 5.7 of Division 2
of the Business and Professions Code is amended and renumbered to
read:
Article 9. Fiscal Administration
SEC. 77. SEC. 75. Section 2682 of
the Business and Professions Code is amended to read:
2682. There is in the State Treasury the Physical Therapy Fund.
All collections from persons licensed or seeking to be licensed shall
be paid by the board into the fund after reporting to the Controller
at the beginning of each month the amount and source of the
collections. All money in the Physical Therapy Fund is appropriated
for the exclusive purpose of executing this chapter.
SEC. 78. SEC. 76. Section 2683 of
the Business and Professions Code is repealed.
SEC. 79. SEC. 77. Section 2684 of the
Business and Professions Code is repealed.
SEC. 80. SEC. 78. Section 2685 of
the Business and Professions Code is repealed.
SEC. 81. SEC. 79. The heading of
Article 8 (commencing with Section 2690) of Chapter 5.7 of Division 2
of the Business and Professions Code is amended and renumbered to
read:
Article 10. Physical Therapy Corporations
SEC. 82. SEC. 80. Section 12529 of
the Government Code, as amended by Section 113 of Chapter 332 of the
Statutes of 2012, is amended to read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to prosecute proceedings against licensees and applicants
within the jurisdiction of the Medical Board of California, the
California Board of Podiatric Medicine, the Board of Psychology, the
Physical Therapy Board of California, or any committee under the
jurisdiction of the Medical Board of California, and to provide
ongoing review of the investigative activities conducted in support
of those prosecutions, as provided in subdivision (b) of Section
12529.5.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the boards.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
the Physical Therapy Board of California, and the committees under
the jurisdiction of the Medical Board of California, with the intent
that the expenses be proportionally shared as to services rendered.
(e) This section shall become operative January 1, 2014.
SEC. 83. SEC. 81. Section 12529.5 of
the Government Code, as amended by Section 115 of Chapter 332 of the
Statutes of 2012, is amended to read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology, or the Physical Therapy Board of California, shall be
made available to the Health Quality Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to assist the boards in
intake and investigations and to direct discipline-related
prosecutions. Attorneys shall be assigned to work closely with each
major intake and investigatory unit of the boards, to assist in the
evaluation and screening of complaints from receipt through
disposition and to assist in developing uniform standards and
procedures for the handling of complaints and investigations.
A deputy attorney general of the Health Quality Enforcement
Section shall frequently be available on location at each of the
working offices at the major investigation centers of the boards, to
provide consultation and related services and engage in case review
with the boards' investigative, medical advisory, and intake staff.
The Senior Assistant Attorney General and deputy attorneys general
working at his or her direction shall consult as appropriate with the
investigators of the boards, medical advisors, and executive staff
in the investigation and prosecution of disciplinary cases.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards in designing and providing
initial and in-service training programs for staff of the boards,
including, but not limited to, information collection and
investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards as appropriate in consultation with the senior assistant.
(e) This section shall become operative January 1, 2014.
SEC. 84. SEC. 82. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.