Passed by the House March 6, 1991

Yeas 97 Nays 0

Speaker of the

House of Representatives

Passed by the Senate April 5, 1991

Yeas 48 Nays 0

President of the Senate

Approved Place Style On Codes above, and Style Off Codes below.

Governor of the State of Washington

CERTIFICATE

I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1200 as passed by the House of Representatives and the Senate on the dates hereon set forth.

Chief Clerk

FILED

Secretary of State

State of Washington

AN ACT Relating to physical therapists; amending RCW 18.74.010, 18.74.012, and 18.74.023; adding new sections to chapter 18.74 RCW; repealing section 17, chapter 297, Laws of 1990; repealing section 18, chapter 297, Laws of 1990 (uncodified); providing effective dates; and declaring an emergency.

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

Sec. 1. RCW 18.74.010 and 1988 c 185 s 1 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~~)) health.

(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 neuromuscular 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 except as provided in RCW 18.74.012 ((~~until June 30, 1991~~)); 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 the use of spinal manipulation or manipulative mobilization of the spine and its immediate articulations, are not included under the term "physical therapy" as used in this chapter.

((~~(5)~~)) (4) "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.

(5) "Secretary" means the secretary of health.

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

(7) "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. RCW 18.74.012 and 1990 c 297 s 19 are each amended to read as follows:

Notwithstanding the provisions of RCW 18.74.010(4), a consultation and periodic review by an authorized health care practitioner is not required for treatment of neuromuscular or musculoskeletal conditions: PROVIDED, That a physical therapist may only provide treatment utilizing orthoses that support, align, prevent, or correct any structural problems intrinsic to the foot or ankle by referral or consultation from an authorized health care practitioner.

((~~This section shall expire June 30, 1991.~~))

Sec. 3. RCW 18.74.023 and 1986 c 259 s 124 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~~)) secretary 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~~)) competency, which ((~~may~~)) shall be a prerequisite to ((~~granting and~~)) renewing a license 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, and consumers in this state concerning the authority of physical therapists to perform particular acts.

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

Nothing in this chapter restricts the ability of physical therapists to work in the practice setting of their choice.

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

Pursuant to the boards's power in RCW 18.74.023(3), the board is directed to adopt rules relating to standards for appropriateness of physical therapy care. Violation of the standards adopted by rule under this section is unprofessional conduct under this chapter and chapter 18.130 RCW.

NEW SECTION. Sec. 6. The following acts or parts of acts are each repealed:

(1) 1990 c 297 s 17; and

(2) 1990 c 297 s 18 (uncodified).

NEW SECTION. Sec. 7. (1) Sections 1, 2, and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 30, 1991.

(2) Section 3 of this act shall take effect January 1, 1992.