BILL REQ. #:  S-3544.1 

Read first time 01/16/14.   Referred to Committee on Health Care .

     AN ACT Relating to allowing physical therapists to perform spinal manipulation; amending RCW 18.74.010, 18.74.035, and 18.74.085; and adding a new section to chapter 18.74 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 18.74 RCW to read as follows:
     (1) Subject to the limitations of this section, a physical therapist, who has at least one year of full-time orthopedic practice experience, may perform spinal manipulation and manipulative mobilization of the spine and its immediate articulations only after providing evidence in a manner acceptable to the board of any of the following:
     (a) Certification as an orthopedic certified specialist from the American board of physical therapy specialists;
     (b) Completion of a fellowship in orthopedic manual physical therapy, or a residency program in orthopedic physical therapy, accredited by the American board of physical therapy residency and fellowship education; or
     (c) Completion of the following:
     (i) One hundred fifty hours of education related to spinal manipulation and manipulative mobilization of the spine and its immediate articulations covering the following elements:
     (A) Training in differential diagnosis;
     (B) Didactic and practical training related to the indications, contraindications, assessment, and delivery of spinal manipulation and manipulative mobilization of the spine and its immediate articulations; and
     (C) Imaging and laboratory training; and
     (ii) One year of practice under the direct supervision of a physical therapist authorized to perform spinal manipulation and manipulative mobilization of the spine and its immediate articulations under this section. The one year of practice must be completed within one year of completing the educational requirements in (c)(i) of this subsection.
     (2) A physical therapist authorized to perform spinal manipulation and manipulative mobilization of the spine and its immediate articulations under subsection (1) of this section shall develop a treatment plan for each patient for whom he or she performs spinal manipulation and manipulative mobilization of the spine and its immediate articulations. The physical therapist must discontinue treatment and refer the patient to a licensed physician, osteopathic physician, or chiropractor if the scope or duration of treatment exceeds what is articulated in the treatment plan.
     (3) A physical therapist authorized to perform spinal manipulation and manipulative mobilization of the spine and its immediate articulations under subsection (1) of this section may not:
     (a) Have a practice in which spinal manipulation or manipulative mobilization of the spine and its immediate articulations constitute the majority of the services provided;
     (b) Practice or utilize chiropractic manipulative therapy; or
     (c) Delegate spinal manipulation or manipulative mobilization of the spine and its immediate articulations.
     (4) A physical therapist authorized to perform spinal manipulation and manipulative mobilization of the spine and its immediate articulations under this section shall complete at least ten hours of continuing education per continuing competency reporting period directly related to spinal manipulation or manipulative mobilization of the spine and its immediate articulations. The training must be approved by the board. At least five hours of the training required under this subsection must be related to procedural technique and application of spinal manipulation and manipulative mobilization of the spine and its immediate articulations.
     (5) If a physical therapist is performing spinal manipulation or manipulative mobilization of the spine and its immediate articulations on a patient who the physical therapist knows is being treated by more than one provider for the same diagnosis, the physical therapist shall make reasonable efforts to coordinate patient care with those other providers.
     (6) By November 15, 2019, the board shall report to the legislature any disciplinary actions taken against physical therapists whose performance of spinal manipulation and manipulative mobilization of the spine and its immediate articulations resulted in physical harm to a patient. Prior to finalizing the report required under this subsection, the board shall consult with the chiropractic quality assurance commission.

Sec. 2   RCW 18.74.010 and 2007 c 98 s 1 are each amended to read as follows:
     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 care and services provided by or under the direction and supervision of a physical therapist licensed by the state. Except as provided in section 1 of this act, 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 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 are 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 meets all the requirements of this chapter and is licensed as a physical therapist assistant and who performs physical therapy procedures and related tasks that have been selected and delegated only by the supervising physical therapist. However, a physical therapist may not delegate sharp debridement to a physical therapist assistant.
     (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) "Indirect supervision" means the supervisor is not on the premises, but has given either written or oral instructions for treatment of the patient and the patient has been examined by the physical therapist at such time as acceptable health care practice requires and consistent with the particular delegated health care task.
     (12) "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 July 24, 2005, 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 18.74.035 and 2007 c 98 s 4 are each amended to read as follows:
     (1) All qualified applicants for a license as a physical therapist shall be examined by the board at such time and place as the board may determine. The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities. The examination shall embrace the following subjects: The applied sciences of anatomy, neuroanatomy, kinesiology, physiology, pathology, psychology, physics; physical therapy, as defined in this chapter, applied to medicine, neurology, orthopedics, pediatrics, psychiatry, surgery; medical ethics; technical procedures in the practice of physical therapy as defined in this chapter; and such other subjects as the board may deem useful to test the applicant's fitness to practice physical therapy((, but not including the adjustment or manipulation of the spine or use of a thrusting force as mobilization)). Examinations shall be held within the state at least once a year, at such time and place as the board shall determine. An applicant who fails an examination may apply for reexamination upon payment of a reexamination fee determined by the secretary.
     (2) All qualified applicants for a license as a physical therapist assistant must be examined by the board at such a time and place as the board may determine. The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities.

Sec. 4   RCW 18.74.085 and 1988 c 185 s 4 are each amended to read as follows:
     (1) Physical therapists shall not advertise that they perform spinal manipulation ((or)), manipulative mobilization of the spine, chiropractic adjustment, spinal adjustment, maintenance or wellness manipulation, or chiropractic care of any kind.
     (2) A violation of this section is unprofessional conduct under this chapter and chapter 18.130 RCW.