SENATE BILL No. 690

 

 

November 14, 2013, Introduced by Senators MOOLENAAR, HILDENBRAND, PAPPAGEORGE, WARREN, GREEN, MEEKHOF, CASPERSON and BRANDENBURG and referred to the Committee on Insurance.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 17801, 17820, 17822, and 17824 (MCL 333.17801,

 

333.17820, 333.17822, and 333.17824), sections 17801 and 17820 as

 

amended and section 17824 as added by 2009 PA 55 and section 17822

 

as amended by 2005 PA 281.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17801. (1) As used in this part:

 

     (a) "Health professional" means an individual who is licensed

 

or otherwise authorized to engage in a health profession under part

 

166, 170, 175, or 180, or an individual holding the equivalent

 

license issued by another state.

 

     (b) (a) "Physical therapist" means an individual licensed

 

under this article to engage in the practice of physical therapy.

 

     (c) (b) "Physical therapist assistant" means an individual


 

with a health profession subfield license under this part who

 

assists a physical therapist in physical therapy intervention.

 

     (d) (c) "Practice as physical therapist assistant" means the

 

practice of physical therapy performed under the supervision of a

 

physical therapist licensed under this part.

 

     (e) (d) "Practice of physical therapy" means the evaluation

 

of, education of, consultation with, or treatment of an individual

 

by the employment of effective properties of physical measures and

 

the use of therapeutic exercises and rehabilitative procedures,

 

with or without assistive devices, for the purpose of preventing,

 

correcting, or alleviating a physical or mental disability.

 

Physical therapy includes treatment planning, performance of tests

 

and measurements, interpretation of referrals, initiation of

 

referrals, instruction, consultative services, and supervision of

 

personnel. Physical measures include massage, mobilization, heat,

 

cold, air, light, water, electricity, and sound. Practice of

 

physical therapy does not include the identification of underlying

 

medical problems or etiologies, establishment of medical diagnoses,

 

or the prescribing of medical treatment.

 

     (2) In addition to the definitions in this part, article 1

 

contains general definitions and principles of construction

 

applicable to all articles in this code and part 161 contains

 

definitions applicable to this part.

 

     Sec. 17820. (1) A person An individual shall not engage in the

 

practice of physical therapy or practice as a physical therapist

 

assistant unless licensed or otherwise authorized under this part.

 

A person shall Except as otherwise provided in section 17824,


 

beginning on the effective date of the amendatory act that added

 

this phrase, a physical therapist or a physical therapist assistant

 

acting under the supervision of a physical therapist may engage in

 

the actual treatment of an individual only upon the without a

 

prescription of an individual holding a license issued under part

 

166, 170, 175, or 180, or the equivalent license issued by another

 

state.from a health professional.

 

     (2) The following words, titles, or letters or a combination

 

thereof, of words, titles, or letters, with or without qualifying

 

words or phrases, are restricted in use only to those persons

 

authorized under this part to use the terms and in a way prescribed

 

in this part: "physical therapy", "physical therapist", "doctor of

 

physiotherapy", "doctor of physical therapy", "physiotherapist",

 

"physiotherapy", "registered physical therapist", "licensed

 

physical therapist", "physical therapy technician", "physical

 

therapist assistant", "physical therapy assistant",

 

"physiotherapist assistant", "physiotherapy assistant", "p.t.

 

assistant", "p.t.", "r.p.t.", "l.p.t.", "c.p.t.", "d.p.t.",

 

"m.p.t.", "p.t.a.", "registered p.t.a.", "licensed p.t.a.",

 

"certified p.t.a.", "c.p.t.a.", "l.p.t.a.", "r.p.t.a.", and

 

"p.t.t.".

 

     Sec. 17822. This part does not prohibit a hospital, as a

 

condition of employment or the granting of staff privileges, from

 

requiring a physical therapist to practice in the hospital only

 

upon the prescription of an individual holding a license issued

 

under part 166, 170, 175, or 180 or the equivalent license issued

 

by another state.a health professional.


 

     Sec. 17824. (1) A physical therapist who is treating a patient

 

upon the prescription of a health professional shall refer do all

 

of the following, as applicable:

 

     (a) Refer a patient back to the health care professional who

 

issued the prescription for treatment if the physical therapist has

 

reasonable cause to believe that symptoms or conditions are present

 

that require services beyond the scope of practice of physical

 

therapy.

 

     (b) (2) A physical therapist shall consult Consult with the

 

health care professional who issued the prescription for treatment

 

if a patient does not show reasonable response to treatment in a

 

time period consistent with the standards of practice as determined

 

by the board.

 

     (2) A physical therapist who is treating a patient without a

 

prescription from a health professional as authorized under section

 

17820 shall do all of the following, as applicable:

 

     (a) Refer a patient to an appropriate health professional if

 

the physical therapist has reasonable cause to believe that

 

symptoms or conditions are present that require services beyond the

 

scope of practice of physical therapy.

 

     (b) Consult with an appropriate health professional if a

 

patient does not show reasonable response to treatment in a time

 

period consistent with the standards of practice as determined by

 

the board.

 

     (c) Except as otherwise provided in this subdivision, obtain a

 

prescription from an appropriate health professional to continue

 

treatment beyond 21 days or 10 treatments, whichever first occurs.


 

A physical therapist is not required to obtain a prescription from

 

a health professional under this subdivision if the patient is

 

seeking physical therapy services for the purpose of preventing

 

injury or promoting fitness.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 97th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.694                                      

 

            .

 

     (b) Senate Bill No.693                                       

 

            .

 

     (c) Senate Bill No.692                                       

 

            .

 

     (d) Senate Bill No.691                                       

 

            .