ESSB 5292

HOUSE BILL REPORT
ESSB 5292

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:
Health Care & Wellness

Brief Description: Requiring the licensing of physical therapist assistants.

Sponsors: Senate Committee on Health & Long-Term Care (originally sponsored by Senators Fairley, Roach, Kohl-Welles, Keiser and Parlette).

Majority Report: Do pass. Signed by 13 members: Representatives Cody, Chair; Morrell, Vice Chair; Hinkle, Ranking Minority Member; Alexander, Assistant Ranking Minority Member; Barlow, Campbell, Condotta, Curtis, Green, Moeller, Pedersen, Schual-Berke and Seaquist.

Background:

Physical therapists are licensed by the Secretary of Health (Secretary) to examine, evaluate, and test individuals with mechanical, physiological, and functional impairments. They are licensed to use a variety of therapeutic interventions to alleviate these impairments. Some examples are the design of therapeutic exercise, massage, or training relating to posture or movement. Physical therapists must pass an exam administered by the Board of Physical Therapy (Board) in order to receive a license.

Physical therapists may rely on the assistance of two categories of supportive personnel. Physical therapist assistants are providers who have completed an education program and practice under either the direct or indirect supervision of a physical therapist. Physical therapy aides are individuals who provide assistance with patient care obtained through on-the-job training and may only practice under the direct supervision of a physical therapist. In addition, other assistive personnel who are properly trained to perform specific tasks related to physical therapy, such as massage therapists, athletic trainers, and exercise physiologists, may assist a physical therapist. A physical therapy practice may not have more than twice as many physical therapist assistants and physical therapy aides as there are physical therapists.

Summary of Bill:

Physical therapist assistants are created as a new profession to be licensed by the Secretary. An applicant for a physical therapist assistant license must be of good moral character, have completed a physical therapist assistant program approved by the Board, and pass an examination. The examination requirement shall be waived for applicants who meet commonly accepted standards for practicing as a physical therapist assistant and apply for a license within a year of the effective date of the act. In addition, an applicant may receive a license without taking the examination if the applicant is licensed in a state with qualifications substantially equivalent to those of Washington.

Physical therapist assistants may perform physical therapy procedures and related tasks that have been selected and delegated by a supervising physical therapist. Physical therapists may not delegate sharp debridement to a physical therapist assistant. Only a physical therapist may: interpret referrals; conduct initial and follow-up examinations and provide diagnoses for physical therapy; develop plans of care and re-evaluate them; determine which tasks may be delegated; check the qualifications of assistive personnel to perform assigned tasks; delegate and instruct personnel regarding services to be performed by them; and establish a discharge plan.

Physical therapists are responsible for patient care provided by the assistive personnel that they supervise. A physical therapist's supervisory responsibilities include conducting a patient re-evaluation every fifth visit or when there are certain unexpected changes in the patient's condition. Physical therapists may not supervise more than two assistive personnel at a time. Failure to properly supervise may result in disciplinary action against the supervising physical therapist.

There are exemptions from licensure as a physical therapist assistant for those who are practicing while employed by the federal government, temporarily in Washington as part of an educational program, or pursuing clinical experience requirements in a physical therapist assistant education program under the direct supervision of a licensed physical therapist.

The membership of the Board is expanded to six members by adding a physical therapist assistant with at least five years of practice in physical therapy.

Health carriers are not required to contract with licensed physical therapist assistants.

Effective Date: The bill takes effect on July 1, 2008, except section 2, relating to membership on the Board of Physical Therapy, which takes effect December 1, 2008.

Staff Summary of Public Testimony:

(In support) This bill will encourage patient protection by licensing physical therapist assistants. Washington is one of four states that do not credential physical therapist assistants and this poses a safety risk for citizens who may be harmed from disciplined physical therapist assistants from other states who come to this state. This bill provides oversight by physical therapists. This bill provides accountability for physical therapist assistants for the care that they provide.

(Opposed) None.

Persons Testifying: Melissa Johnson, Rich Bettesworth, and Anna Neil, Physical Therapy Association of Washington.