Read first time 01/31/13.   Referred to Committee on Health Care .

     AN ACT Relating to exemptions from licensure as a physical therapist; and amending RCW 18.74.150 and 18.74.180.

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

Sec. 1   RCW 18.74.150 and 2007 c 98 s 13 are each amended to read as follows:
     (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 or physical therapist assistant, 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, physical therapist assistants, 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.
     (4) The following persons are exempt from licensure as physical therapist assistants 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 assistant in an approved professional education program and is satisfying supervised clinical education requirements related to his or her physical therapist assistant education while under direct supervision of a licensed physical therapist or licensed physical therapist assistant;
     (b) A physical therapist assistant 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 assistant licensed in another United States jurisdiction, or a foreign-educated physical therapist assistant credentialed in another country, or a physical therapist assistant who is teaching or participating in an educational seminar of no more than sixty days in a calendar year.

Sec. 2   RCW 18.74.180 and 2007 c 98 s 16 are each amended to read as follows:
     A physical therapist is professionally and legally responsible for patient care given by assistive personnel under his or her supervision. If a physical therapist fails to adequately supervise patient care given by assistive personnel, the board may take disciplinary action against the physical therapist.
     (1) Regardless of the setting in which physical therapy services are provided, only the licensed physical therapist may perform the following responsibilities:
     (a) Interpretation of referrals;
     (b) Initial examination, problem identification, and diagnosis for physical therapy;
     (c) Development or modification of a plan of care that is based on the initial examination and includes the goals for physical therapy intervention;
     (d) Determination of which tasks require the expertise and decision-making capacity of the physical therapist and must be personally rendered by the physical therapist, and which tasks may be delegated;
     (e) Assurance of the qualifications of all assistive personnel to perform assigned tasks through written documentation of their education or training that is maintained and available at all times;
     (f) Delegation and instruction of the services to be rendered by the physical therapist, physical therapist assistant, or physical therapy aide including, but not limited to, specific tasks or procedures, precautions, special problems, and contraindicated procedures;
     (g) Timely review of documentation, reexamination of the patient, and revision of the plan of care when indicated;
     (h) Establishment of a discharge plan.
     (2) Supervision requires that the patient reevaluation is performed:
     (a) Every fifth visit, or if treatment is performed more than five times per week, reevaluation must be performed at least once a week;
     (b) When there is any change in the patient's condition not consistent with planned progress or treatment goals.
     (3) Supervision of assistive personnel means:
     (a) Physical therapist assistants may function under direct or indirect supervision;
     (b) Physical therapy aides must function under direct supervision;
     (c)(i) The physical therapist may supervise a total of two assistive personnel at any one time.
     (ii) In addition to the two assistive personnel authorized in (c)(i) of this subsection, the physical therapist may supervise a total of two persons who are pursuing a course of study leading to a degree as a physical therapist or a physical therapist assistant.