SB 197 — An Act amending the act of October 10, 1975 (P.L.383, No.110), known as the Physical Therapy Practice Act, further providing for definitions, for powers and duties of board, for continuing education and for practice of physical therapy.

PRINTER'S NO.    147

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 197
                                               Session of
                                                 2025

     INTRODUCED BY BROWN, ROTHMAN, FONTANA, HUTCHINSON, SCHWANK,
        CULVER AND MASTRIANO, JANUARY 29, 2025

     REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
        JANUARY 29, 2025


                                    AN ACT
 1   Amending the act of October 10, 1975 (P.L.383, No.110), entitled
 2      "An act relating to the practice of physical therapy,"
 3      further providing for definitions, for powers and duties of
 4      board, for continuing education and for practice of physical
 5      therapy.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    The definition of "certificate of authorization"
 9   in section 2 of the act of October 10, 1975 (P.L.383, No.110),
10   known as the Physical Therapy Practice Act, is amended to read:
11      Section 2.    Definitions.--The following definitions shall
12   apply, when used in this act, unless otherwise expressed
13   therein:
14      * * *
15      ["Certificate of authorization" means a certificate, approved
16   by the board, to practice physical therapy without a referral
17   under section 9(a).]
18      * * *
19      Section 2.    Sections 3(a), 7.2 and 9(b), (c) and (e) of the
 1   act are amended to read:
 2      Section 3.   Powers and Duties of Board.--(a)   It shall be the
 3   duty of the board to pass upon the qualifications of applicants
 4   for licensure as physical therapists and certification as
 5   physical therapist assistants, to conduct examinations, to issue
 6   and renew licenses [and certificates of authorization] to
 7   physical therapists and certificates to physical therapist
 8   assistants who qualify under this act, and in proper cases to
 9   refuse to issue, suspend or revoke the license [or certificate
10   of authorization] of any physical therapist or certificate of
11   any physical therapist assistant. The board may adopt rules and
12   regulations not inconsistent with law as it may deem necessary
13   for the performance of its duties and the proper administration
14   of this law. The board is authorized and empowered to appoint
15   hearing examiners and to conduct investigations and hearings
16   upon charges for discipline of a licensee or certificate holder
17   or for violations of this act and to cause, through the office
18   of the Attorney General, the prosecution and enjoinder of
19   individuals violating this act. The board shall maintain a
20   register listing the name of every living physical therapist
21   licensed to practice in this State, and every physical therapist
22   assistant duly certified pursuant to section 9.1, such
23   individual's last known place of residence, and the date and
24   number of the physical therapist's license and the physical
25   therapist assistant's certificate. Residential information shall
26   not be considered a public record under the act of [June 21,
27   1957 (P.L.390, No.212), referred to as the Right-to-Know Law]
28   February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
29      * * *
30      Section 7.2.   Continuing Education.--For each license

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 1   renewal, a licensee shall complete within the immediately
 2   preceding two-year period at least 30 hours of continuing
 3   physical therapy education as approved by the board. The
 4   licensee shall provide the board with evidence of the completion
 5   of the continuing education. [A physical therapist who has met
 6   the continuing education requirements for a certificate of
 7   authorization set forth in section 9(c)(1) shall be deemed to
 8   have met the continuing education requirement for license
 9   renewal. No credit shall be given for any course in office
10   management or practice building.]
11      Section 9.   Practice of Physical Therapy.--* * *
12      (b)   Licensees who meet the standards set forth in this
13   subsection may [apply to the board for a certificate of
14   authorization to] practice physical therapy under this act
15   without the required referral under subsection (a). [A
16   certificate of authorization to] The practice of physical
17   therapy without a referral under subsection (a) shall not
18   authorize a physical therapist either to treat a condition in an
19   individual which is a nonneurologic, nonmuscular or nonskeletal
20   condition or to treat an individual who has an acute cardiac or
21   acute pulmonary condition unless the physical therapist has
22   consulted with the individual's licensed physician, dentist or
23   podiatrist regarding the individual's condition and the physical
24   therapy treatment plan or has referred the individual to a
25   licensed physician, dentist or podiatrist for diagnosis and
26   referral. [The certificate of authorization shall be issued only
27   to licensed physical therapists practicing physical therapy. The
28   certificate of authorization shall be displayed by the
29   certificate holder in a manner conspicuous to the public. The
30   renewal of the certificate of authorization shall coincide with

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 1   the renewal of the license of the licensee. Licensees making
 2   application for a certificate of authorization] To practice
 3   physical therapy under this subsection, a licensee shall present
 4   satisfactory evidence to the board of all of the following:
 5      (1)    That the licensee has[:
 6      (i)]    passed an examination for licensure to practice
 7   physical therapy, which examination included testing on the
 8   appropriate evaluative procedures to treat an individual without
 9   a referral.[; or
10      (ii)    passed an examination for licensure to practice
11   physical therapy prior to 1990 and successfully completed a
12   course approved by the board on the appropriate evaluative
13   procedures to treat an individual without a referral.
14      (2)    That the licensee has:
15      (i)    practiced physical therapy as a licensed physical
16   therapist in the delivery of patient care in accordance with
17   this act on a continuous basis for at least two years
18   immediately preceding the application for a certificate of
19   authorization;
20      (ii)    been licensed under section 6(d.1) and has practiced
21   physical therapy in the delivery of patient care as a licensed
22   physical therapist in a reciprocal state on a continuous basis
23   for at least two years immediately preceding the application for
24   a certificate of authorization; or
25      (iii)    provided proof of meeting the standards of clause (i)
26   or (ii) of this paragraph through the application of any
27   combination thereof.]
28      (3)    That the license of that licensee has been maintained in
29   good standing.
30      (4)    That the licensee has professional liability insurance

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 1   in accordance with the following provisions:
 2      (ii)     A licensee shall notify the board within 30 days of the
 3   licensee's failure to be covered by the required insurance.
 4   Failure to notify the board shall be actionable under section 11
 5   or 12. Further, the [certificate of authorization] license of
 6   that licensee shall automatically be suspended upon failure to
 7   be covered by the required insurance and shall not be restored
 8   until submission to the board of satisfactory evidence that the
 9   licensee has the required professional liability insurance
10   coverage.
11      (iii)    The board shall accept from licensees as satisfactory
12   evidence of insurance coverage under this subsection any or all
13   of the following: self-insurance, personally purchased
14   professional liability insurance, professional liability
15   insurance coverage provided by the licensee's employer or any
16   similar type of coverage.
17      (iii.1)    A licensee under this act, practicing in this
18   Commonwealth, shall maintain a level of professional liability
19   insurance coverage in the minimum amount of $1,000,000 per
20   occurrence or claims made. Failure to maintain insurance
21   coverage as required shall subject the licensee to disciplinary
22   proceedings. The board shall accept as satisfactory evidence of
23   insurance coverage any of the following:
24      (A)    self-insurance;
25      (B)    personally purchased liability insurance; or
26      (C)    professional liability insurance coverage provided by
27   the physical therapist's employer or similar insurance coverage
28   acceptable to the board.
29      (iii.2)    A license applicant shall provide proof that the
30   applicant has obtained professional liability insurance in

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 1   accordance with subparagraph (iii.1). It is sufficient if the
 2   applicant files with the application a copy of a letter from the
 3   applicant's professional liability insurance carrier indicating
 4   that the applicant will be covered against professional
 5   liability in the required amounts effective upon the issuance of
 6   the applicant's license to practice physical therapy in this
 7   Commonwealth.
 8      (iii.3)   Upon issuance of a license, a licensee has 30 days
 9   to submit to the board the certificate of insurance or a copy of
10   the policy declaration page.
11      (iv)   The board shall adopt, by regulation, standards and
12   procedures established by the Insurance Commissioner for self-
13   insurance. In the absence of these standards and procedures, the
14   board, after consultation with the Insurance Commissioner, shall
15   establish standards and procedures by regulation for self-
16   insurance under this subsection.
17      [(c)   (1)   For each renewal of the certificate of
18   authorization, the licensee shall complete within the
19   immediately preceding two-year period at least 30 hours of
20   continuing physical therapy education related to keeping the
21   certificate holder apprised of advancements and new developments
22   in the practice of the physical therapy profession. At least ten
23   of the 30 hours shall be in appropriate evaluative procedures to
24   treat an individual without a referral. No credit shall be given
25   for any course in office management or practice building. The
26   licensee shall provide the board with evidence of the completion
27   of the continuing education.
28      (2)    Continuing education programs and program providers
29   under this subsection shall be approved by the board in
30   accordance with standards and criteria established by the board

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 1   by regulation. The regulation shall include any fees necessary
 2   to implement this provision and provide for waiver of the
 3   continuing education requirement due to illness or hardship in
 4   any licensing renewal period.]
 5      * * *
 6      (e)   A physical therapist may treat an individual without a
 7   referral as provided for in subsection (b) for up to [30] 60
 8   days from the date of the first treatment. A physical therapist
 9   shall not treat an individual beyond [30] 60 days from the date
10   of the first treatment unless he or she has obtained a referral
11   from a licensed physician; a licensed physician assistant
12   practicing pursuant to a written agreement with a physician; a
13   certified registered nurse practitioner practicing pursuant to a
14   collaborative agreement with a physician; or a licensed dentist
15   or licensed podiatrist, for the treatment of a condition that is
16   within the scope of practice of dentistry or podiatry. The date
17   of the first treatment for purposes of this subsection is the
18   date the individual is treated by any physical therapist
19   treating without a referral.
20      * * *
21      Section 3.   This act shall take effect in 60 days.




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