AN ACT Relating to certification of physical therapist assistants; amending RCW 18.74.010, 18.74.023, 18.74.029, 18.74.060, 18.74.070, and 18.74.090; and adding new sections to chapter 18.74 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 1, chapter 239, Laws of 1949 as last amended by section 2, chapter 116, Laws of 1983 and RCW 18.74.010 are each amended to read as follows:

Unless the context otherwise requires, the definitions in this section apply throughout this chapter.

(1) "Board" means the board of physical therapy created by RCW 18.74.020.

(2) "Department" means the department of licensing.

(3) "Director" means the director of licensing.

(4) "Physical therapy" means the treatment of any bodily or mental condition of any person by the use of the physical, chemical, and other properties of heat, cold, air, light, water, electricity, sound, massage, and therapeutic exercise, which includes posture and rehabilitation procedures; the performance of tests and measurements of neuro muscular function as an aid to the diagnosis or treatment of any human condition; performance of treatments on the basis of test findings after consultation with and periodic review by an authorized health care practitioner; supervision of selective forms of treatment by trained supportive personnel; and provision of consultative services for health, education, and community agencies. The use of Roentgen rays and radium for diagnostic and therapeutic purposes, the use of electricity for surgical purposes, including cauterization, and chiropractic practices as defined by RCW 18.25.005, which include the adjustment or manipulation of the articulations of the spine and its immediate articulations or mobilization of these articulations by use of a thrusting force, are not included under the term "physical therapy" as used in this chapter.

(5) "Physical therapist" means a person who practices physical therapy as defined in this chapter but does not include massage operators as defined in RCW 18.108.010.

(6) "Physical therapist assistant" means a person under the supervision of a licensed physical therapist who assists in the practice of physical therapy and who is certified pursuant to this chapter.

(7) Words importing the masculine gender may be applied to females.

((~~(7)~~)) (8) "Authorized health care practitioner" means and includes licensed physicians, osteopathic physicians, chiropractors, naturopaths, podiatrists, and dentists: PROVIDED, HOWEVER, That nothing herein shall be construed as altering the scope of practice of such practitioners as defined in their respective licensure laws.

Sec. 2. Section 4, chapter 116, Laws of 1983 as amended by section 124, chapter 259, Laws of 1986 and RCW 18.74.023 are each amended to read as follows:

The board has the following powers and duties:

(1) To administer examinations to applicants ((~~for a license~~)) under this chapter.

(2) To pass upon the qualifications of applicants ((~~for a license~~)) and to certify to the director duly qualified applicants.

(3) To make such rules not inconsistent with the laws of this state as may be deemed necessary or proper to carry out the purposes of this chapter.

(4) To establish and administer requirements for continuing professional education as may be necessary or proper to ensure the public health and safety and which may be a prerequisite to granting and renewing a license or certificate under this chapter.

(5) To keep an official record of all its proceedings, which record shall be evidence of all proceedings of the board which are set forth therein.

(6) To adopt rules not inconsistent with the laws of this state, when it deems appropriate, in response to questions put to it by professional health associations, physical therapists, physical therapist assistants, and consumers in this state concerning the authority of physical therapists and physical therapist assistants to perform particular acts.

Sec. 3. Section 123, chapter 259, Laws of 1986 and RCW 18.74.029 are each amended to read as follows:

The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of licenses and certificates and the discipline of licensees and certificate holders under this chapter.

NEW SECTION. Sec. 4. A new section is added to chapter 18.74 RCW to read as follows:

An applicant for a certificate as a physical therapist assistant shall have the following qualifications:

(1) Be of good moral character; and

(2) Have successfully completed a program of study for physical therapist assistants which has been approved by the board.

Applications for certification must be submitted on forms provided by the board. The board may require any information and documentation which reasonably relates to the need to determine whether the applicant meets the criteria for certification provided for in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the director as provided in RCW 43.24.086, which shall accompany the application.

NEW SECTION. Sec. 5. A new section is added to chapter 18.74 RCW to read as follows:

All qualified applicants for a certificate as a physical therapist assistant shall be examined by the board at such time and place within the state as the board may determine. The examination shall include subjects as the board deems useful to test the applicant's fitness to be certified as a physical therapist assistant. Examinations shall be held at least twice a year. Applicants who fail the examination may apply for reexamination upon payment of a reexamination fee determined by the director.

The director of licensing shall certify as a physical therapist assistant and shall furnish a license to each applicant who successfully passes the examination for certification as a physical therapist assistant.

Sec. 6. Section 6, chapter 239, Laws of 1949 as last amended by section 64, chapter 7, Laws of 1985 and RCW 18.74.060 are each amended to read as follows:

Upon the recommendation of the board, the director shall license as a physical therapist ((~~and shall furnish a license to~~)), or certify as a physical therapist assistant, any person who is a physical therapist ((~~registered or licensed~~)) or physical therapist assistant under the laws of another state or territory, or the District of Columbia, if the qualifications ((~~for such registration or license~~)) required of the applicant were substantially equal to the requirements under this chapter. At the time of making application, the applicant shall pay to the state treasurer a fee determined by the director as provided in RCW 43.24.086.

Sec. 7. Section 7, chapter 239, Laws of 1949 as last amended by section 12, chapter 116, Laws of 1983 and RCW 18.74.070 are each amended to read as follows:

Every licensed physical therapist and certified physical therapist assistant shall apply to the director for a renewal of the license and pay to the state treasurer a fee determined by the director as provided in RCW ((~~43.24.085~~)) 43.24.086 as now or hereafter amended. The license of a physical therapist, or certificate of a physical therapist assistant, who fails to renew the license or certificate within thirty days of the date set by the director for renewal shall automatically lapse. Within three years from the date of lapse and upon the recommendation of the board, the director may revive a lapsed license or certificate upon the payment of all past unpaid renewal fees and a penalty fee to be determined by the director. The board may require reexamination of an applicant whose license or certificate has lapsed for more than three years and who has not continuously engaged in lawful practice in another state or territory, or waive reexamination in favor of evidence of continuing education satisfactory to the board.

Sec. 8. Section 9, chapter 239, Laws of 1949 as last amended by section 125, chapter 259, Laws of 1986 and RCW 18.74.090 are each amended to read as follows:

(1) A person who is not licensed with the director ((~~of licensing~~)) as a physical therapist under the requirements of this chapter shall not represent himself or herself as being so licensed and shall not use in connection with his or her name the words or letters "P.T.", "R.P.T.", "L.P.T.", "physical therapy", "physiotherapy", "physical therapist" or "physiotherapist", or any other letters, words, signs, numbers, or insignia indicating or implying that he is a physical therapist.

(2) A person who is not certified with the director as a physical therapist assistant under the requirements of this chapter shall not represent himself or herself as being so certified and shall not use in connection with his or her name the words or letters "P.T.A.", "physical therapist assistant", "physical therapy assistant", "physiotherapy assistant", "physiotherapist assistant", or any other letters, words, signs, numbers, or insignia indicating or implying that he or she is a physical therapist assistant.

(3) Nothing in this chapter prohibits any person licensed in this state under any other act from engaging in the practice for which he or she is licensed. It shall be the duty of the prosecuting attorney of each county to prosecute all cases involving a violation of this chapter arising within his county. The attorney general may assist in such prosecution and shall appear at all hearings when requested to do so by the board.

NEW SECTION. Sec. 9. A new section is added to chapter 18.74 RCW to read as follows:

The board shall waive the education and examination requirements and grant a certificate to a person engaged in practice as a physical therapist assistant on July 15, 1987, if the board determines that the person meets commonly accepted standards for the profession, as established by rule of the board.

NEW SECTION. Sec. 10. A new section is added to chapter 18.74 RCW to read as follows:

There is created an advisory committee to the board consisting of five physical therapist assistants certified in this state. The members shall be appointed by the director. Of the initial appointments, two shall be appointed for a term of two years and three shall be appointed for a term of four years. The committee shall meet from time to time to advise the board on matters concerning the certification and practice of physical therapist assistants.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.