Tennessee HB 2050: Therapists, Physical and Occupational - As enacted, makes various changes concerning the practice of physical therapy. - Amends TCA Title 63, Chapter 13.

Bill Text

Senate Health and Welfare Committee 1
Amendment No. 1 to SB1960

Crowe
Signature of Sponsor

AMEND Senate Bill No. 1960* House Bill No. 2050

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by deleting all language after the enacting clause and substituting the following:
SECTION 1. Tennessee Code Annotated, Section 63-13-103(12), is amended by
deleting the subdivision and substituting the following:
(12) "Physical therapist" or "physiotherapist" means a person who is licensed
pursuant to this chapter to practice physical therapy;
SECTION 2. Tennessee Code Annotated, Section 63-13-103, is amended by adding
the following as a new subdivision:
( ) "Competence" is the application of knowledge, skills, and behaviors required
to function effectively, safely, ethically, and legally within the context of the patient's role
and environment;
SECTION 3. Tennessee Code Annotated, Section 63-13-301, is amended by deleting
subsection (a) and substituting the following:
(1) A physical therapist, or physiotherapist, licensed under this chapter is fully
authorized to practice physical therapy.
(2) A physical therapist, or physiotherapist, is not licensed under this chapter
unless the individual holds a degree from a professional physical therapy program
accredited by a national accreditation agency recognized by the United States
department of education and by the board of physical therapy.
SECTION 4. Tennessee Code Annotated, Section 63-13-303(a), is amended by
deleting the subsection and substituting the following:

Senate Health and Welfare Committee 1
Amendment No. 1 to SB1960

Crowe
Signature of Sponsor

AMEND Senate Bill No. 1960* House Bill No. 2050

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(a) The practice of physical therapy must be under the written or oral referral of a
referring practitioner who is a licensed doctor of medicine, chiropractic, dentistry,
podiatry, or osteopathy, except a licensed physical therapist may:
(1) Conduct an initial patient visit without referral;
(2) Provide physical assessments or instructions, including a
recommendation of exercise to an asymptomatic person, without the referral of a
referring practitioner;
(3)
(A) In emergency circumstances, including minor emergencies,
provide assistance to a person to the best of a physical therapist's ability
without the referral of a referring practitioner. Except as provided in
subdivision (a)(4), the physical therapist shall refer the person to the
appropriate healthcare practitioner, as indicated, immediately after
providing assistance;
(B) For the purposes of subdivision (a)(3)(A):
(i) "Emergency circumstances" means instances where
emergency medical care is required; and
(ii) "Emergency medical care" means bona fide
emergency services provided after the sudden onset of a medical
condition manifesting itself by acute symptoms of sufficient
severity, including severe pain, such that the absence of

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immediate medical attention could reasonably be expected to
result in:
(a) Placing the patient's health in serious jeopardy;
(b) Serious impairment to bodily functions; or
(c) Serious dysfunction of any bodily organ or part;
and
(4) Treat a patient without a referral when, within the scope of practice of
physical therapy, the following are met:
(A) The patient's physician, as defined in § 63-6-204(f)(7) has
been notified;
(B) If the physical therapist determines, based on clinical
evidence, that no progress has been made with respect to that patient's
condition within thirty (30) days, immediately following the date of the
patient's initial visit with the physical therapist, then the physical therapist
shall not provide any additional physical therapy services and shall refer
the patient to a healthcare practitioner who qualifies as a referring
practitioner;
(C) Physical therapy services must not continue beyond ninety
(90) days without consulting with the patient's appropriate healthcare
practitioner;
(D) If the patient was previously diagnosed by a licensed
physician with chronic, neuromuscular, or developmental conditions, and
the evaluation, treatment, or services are being provided for problems or
symptoms associated with one (1) or more of those previously diagnosed
conditions, then subdivisions (a)(4)(B) and (a)(4)(C) do not apply; and

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(E) A physical therapist shall refer patients under the physical
therapist's care to appropriate healthcare practitioners, if, at any time, the
physical therapist has reasonable cause to believe symptoms or
conditions are present that require services beyond the scope of practice
of a physical therapist, reasonable therapeutic progress is not being
achieved for the patient, or physical therapy treatment is contraindicated.
SECTION 5. Tennessee Code Annotated, Section 63-13-303, is amended by adding
the following as a new subsection:
(c) It is unprofessional conduct, for the purposes of § 63-13-312, for a physical
therapist to knowingly initiate services to a patient in violation of subdivision (a)(4).
SECTION 6. Tennessee C