SHB 1137 -
By Committee on Health & Long-Term Care
ADOPTED 04/07/2005
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 18.74.005 and 1983 c 116 s 1 are each amended to read
as follows:
((In order to safeguard the public safety and welfare, to protect
the public from being misled by incompetent, unethical, and
unauthorized persons, and to assure the highest degree of professional
conduct and competency, it is)) The purpose of this chapter ((to
strengthen existing regulation of persons offering physical therapy
services to the public)) is to protect the public health, safety, and
welfare, and to provide for state administrative control, supervision,
licensure, and regulation of the practice of physical therapy. It is
the intent of the legislature that only individuals who meet and
maintain prescribed standards of competence and conduct be allowed to
engage in the practice of physical therapy as defined and authorized by
this chapter.
Sec. 2 RCW 18.74.010 and 1997 c 275 s 8 are each amended to read
as follows:
((Unless the context otherwise requires,)) The definitions in this
section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the board of physical therapy created by RCW
18.74.020.
(2) "Department" means the department of health.
(3) "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;
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)) care and services provided by or
under the direction and supervision of a physical therapist licensed by
the state. 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.
(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)) meets all the requirements of
this chapter and is licensed in this state to practice physical
therapy.
(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, podiatric physicians and surgeons, dentists, and advanced
registered nurse practitioners: PROVIDED, HOWEVER, That nothing herein
shall be construed as altering the scope of practice of such
practitioners as defined in their respective licensure laws.
(8) "Practice of physical therapy" is based on movement science and
means:
(a) Examining, evaluating, and testing individuals with mechanical,
physiological, and developmental impairments, functional limitations in
movement, and disability or other health and movement-related
conditions in order to determine a diagnosis, prognosis, plan of
therapeutic intervention, and to assess and document the ongoing
effects of intervention;
(b) Alleviating impairments and functional limitations in movement
by designing, implementing, and modifying therapeutic interventions
that include therapeutic exercise; functional training related to
balance, posture, and movement to facilitate self-care and
reintegration into home, community, or work; manual therapy including
soft tissue and joint mobilization and manipulation; therapeutic
massage; assistive, adaptive, protective, and devices related to
postural control and mobility except as restricted by (c) of this
subsection; airway clearance techniques; physical agents or modalities;
mechanical and electrotherapeutic modalities; and patient-related
instruction;
(c) Training for, and the evaluation of, the function of a patient
wearing an orthosis or prosthesis as defined in RCW 18.200.010.
Physical therapists may provide those direct-formed and prefabricated
upper limb, knee, and ankle-foot orthoses, but not fracture orthoses
except those for hand, wrist, ankle, and foot fractures, and assistive
technology devices specified in RCW 18.200.010 as exemptions from the
defined scope of licensed orthotic and prosthetic services. It is the
intent of the legislature that the unregulated devices specified in RCW
18.200.010 are in the public domain to the extent that they may be
provided in common with individuals or other health providers, whether
unregulated or regulated under Title 18 RCW, without regard to any
scope of practice;
(d) Performing wound care services that is limited to sharp
debridement, debridement with other agents, dry dressings, wet
dressings, topical agents including enzymes, hydrotherapy, electrical
stimulation, ultrasound, and other similar treatments. Physical
therapists may not delegate sharp debridement. A physical therapist
may perform wound care services only by referral from or after
consultation with an authorized health care practitioner;
(e) Reducing the risk of injury, impairment, functional limitation,
and disability related to movement, including the promotion and
maintenance of fitness, health, and quality of life in all age
populations; and
(f) Engaging in administration, consultation, education, and
research.
(9)(a) "Physical therapist assistant" means a person who has
successfully completed a board-approved physical therapist assistant
program.
(b) "Physical therapy aide" means a person who is involved in
direct physical therapy patient care who does not meet the definition
of a physical therapist or physical therapist assistant and receives
ongoing on-the-job training.
(c) "Other assistive personnel" means other trained or educated
health care personnel, not defined in (a) or (b) of this subsection,
who perform specific designated tasks related to physical therapy under
the supervision of a physical therapist, including but not limited to
licensed massage practitioners, athletic trainers, and exercise
physiologists. At the direction of the supervising physical therapist,
and if properly credentialed and not prohibited by any other law, other
assistive personnel may be identified by the title specific to their
training or education.
(10) "Direct supervision" means the supervising physical therapist
must (a) be continuously on-site and present in the department or
facility where assistive personnel or holders of interim permits are
performing services; (b) be immediately available to assist the person
being supervised in the services being performed; and (c) maintain
continued involvement in appropriate aspects of each treatment session
in which a component of treatment is delegated to assistive personnel.
(11) "Sharp debridement" means the removal of devitalized tissue
from a wound with scissors, scalpel, and tweezers without anesthesia.
"Sharp debridement" does not mean surgical debridement. A physical
therapist may perform sharp debridement, to include the use of a
scalpel, only upon showing evidence of adequate education and training
as established by rule. Until the rules are established, but no later
than July 1, 2006, physical therapists licensed under this chapter who
perform sharp debridement as of the effective date of this section
shall submit to the secretary an affidavit that includes evidence of
adequate education and training in sharp debridement, including the use
of a scalpel.
Sec. 3 RCW 18.74.012 and 2000 c 171 s 24 are each amended to read
as follows:
((Notwithstanding the provisions of RCW 18.74.010(3),)) 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)).
NEW SECTION. Sec. 4 (1) It is unlawful for any person to
practice or in any manner hold himself or herself out to practice
physical therapy or designate himself or herself as a physical
therapist, unless he or she is licensed in accordance with this
chapter.
(2) This chapter does not restrict persons licensed under any other
law of this state from engaging in the profession or practice for which
they are licensed, if they are not representing themselves to be
physical therapists or providers of physical therapy.
(3) The following persons are exempt from licensure as physical
therapists under this chapter when engaged in the following activities:
(a) A person who is pursuing a course of study leading to a degree
as a physical therapist in an approved professional education program
and is satisfying supervised clinical education requirements related to
his or her physical therapy education while under direct supervision of
a licensed physical therapist;
(b) A physical therapist while practicing in the United States
armed services, United States public health service, or veterans
administration as based on requirements under federal regulations for
state licensure of health care providers; and
(c) A physical therapist licensed in another United States
jurisdiction, or a foreign-educated physical therapist credentialed in
another country, performing physical therapy as part of teaching or
participating in an educational seminar of no more than sixty days in
a calendar year.
NEW SECTION. Sec. 5 (1) A physical therapist licensed under this
chapter is fully authorized to practice physical therapy as defined in
this chapter.
(2) A physical therapist shall refer persons under his or her care
to appropriate health care practitioners if the physical therapist has
reasonable cause to believe symptoms or conditions are present that
require services beyond the scope of practice under this chapter or
when physical therapy is contraindicated.
(3) Physical therapists shall adhere to the recognized standards of
ethics of the physical therapy profession and as further established by
rule.
(4) A physical therapist may perform electroneuromyographic
examinations for the purpose of testing neuromuscular function only by
referral from an authorized health care practitioner identified in RCW
18.74.010(7) and only upon demonstration of further education and
training in electroneuromyographic examinations as established by rule.
Within two years after July 1, 2005, the secretary shall waive the
requirement for further education and training for those physical
therapists licensed under this chapter who perform
electroneuromyographic examinations.
(5) A physical therapist licensed under this chapter may purchase,
store, and administer medications such as hydrocortisone, fluocinonide,
topical anesthetics, silver sulfadiazine, lidocaine, magnesium sulfate,
zinc oxide, and other similar medications, and may administer such
other drugs or medications as prescribed by an authorized health care
practitioner for the practice of physical therapy. A pharmacist who
dispenses such drugs to a licensed physical therapist is not liable for
any adverse reactions caused by any method of use by the physical
therapist.
NEW SECTION. Sec. 6 (1) Physical therapists are responsible for
patient care given by assistive personnel under their supervision. A
physical therapist may delegate to assistive personnel and supervise
selected acts, tasks, or procedures that fall within the scope of
physical therapy practice but do not exceed the education or training
of the assistive personnel.
(2) Nothing in this chapter may be construed to prohibit other
licensed health care providers from using the services of physical
therapist assistants, physical therapist aides, or other assistive
personnel as long as the licensed health care provider is responsible
for the activities of such assistants, aides, and other personnel and
provides appropriate supervision.
NEW SECTION. Sec. 7 Sections 4 through 6 of this act are each
added to chapter 18.74 RCW."
SHB 1137 -
By Committee on Health & Long-Term Care
ADOPTED 04/07/2005
On page 1, line 1 of the title, after "therapy;" strike the remainder of the title and insert "amending RCW 18.74.005, 18.74.010, and 18.74.012; and adding new sections to chapter 18.74 RCW."