Oklahoma SB 104: Physical therapy; authorizing provision of services via telehealth; definitions. Effective date.

Bill Text

An Act
ENROLLED SENATE
BILL NO. 104 By: Haste of the Senate

and

McEntire of the House

An Act relating to physical therapy; amending 59 O.S.
2011, Section 887.2, as last amended by Section 1,
Chapter 324, O.S.L. 2014 (59 O.S. Supp. 2020, Section
887.2), which relates to definitions; modifying and
adding definitions; amending 59 O.S. 2011, Section
887.5, as amended by Section 1, Chapter 198, O.S.L.
2019 (59 O.S. Supp. 2020, Section 887.5), which
relates to powers and duties of the State Board of
Medical Licensure and Supervision; clarifying certain
power and duty; and providing an effective date.

SUBJECT: Physical therapy

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. AMENDATORY 59 O.S. 2011, Section 887.2, as
last amended by Section 1, Chapter 324, O.S.L. 2014 (59 O.S. Supp.
2020, Section 887.2), is amended to read as follows:

Section 887.2. As used in the Physical Therapy Practice Act:

1. “Physical therapy” means the care and services provided by
or under the direction and supervision of a physical therapist who
is licensed pursuant to the Physical Therapy Practice Act;

2. “Practice of physical therapy” means the use of selected
knowledge and skills in planning, organizing and directing programs
for the care of individuals whose ability to function is impaired or
threatened by disease or injury, encompassing preventive measures,

ENR. S. B. NO. 104 Page 2
screening, tests in aid of diagnosis by a licensed doctor of
medicine, osteopathy, chiropractic, dentistry or podiatry, or a
physician assistant, and evaluation and invasive or noninvasive
procedures with emphasis on the skeletal system, neuromuscular and
cardiopulmonary function, as it relates to physical therapy.
Physical therapy includes screening or evaluations performed to
determine the degree of impairment of relevant aspects such as, but
not limited to, nerve and muscle function including transcutaneous
bioelectrical potentials, motor development, functional capacity and
respiratory or circulatory efficiency. Physical therapy also
includes physical therapy treatment performed including, but not
limited to, exercises for increasing or restoring strength,
endurance, coordination and range of motion, stimuli to facilitate
motor activity and learning, instruction in activities of daily
living and the use of assistive devices and the application of
physical agents to relieve pain or alter physiological status.
Physical therapy services may be provided in person or remotely, via
telehealth, to individuals or groups. The use of roentgen rays and
radium for diagnostic or therapeutic purposes, the use of
electricity for surgical purposes, including cauterization and
colonic irrigations are not authorized under the term “physical
therapy” as used in this chapter;

3. “Physical therapist assistant” means a person who assists in
the practice of physical therapy subject to the direction and
supervision of a licensed physical therapist, who meets all the
educational requirements, and who is licensed pursuant to the
provisions of the Physical Therapy Practice Act;

4. “Licensed physical therapist” means a person who is licensed
as required in the Physical Therapy Practice Act and who regularly
practices physical therapy;

5. “Board” means the State Board of Medical Licensure and
Supervision; and

6. “Committee” means the Physical Therapy Committee;

7. “Telehealth” means the use of electronic information and
telecommunications technologies to support long-distance clinical
health care, patient and professional health-related education,
public health and health administration; and

ENR. S. B. NO. 104 Page 3

8. “Telecommunication” means the use of audio, video or other
electronic media to deliver health care in real-time or through the
use of store-and-forward technology.

SECTION 2. AMENDATORY 59 O.S. 2011, Section 887.5, as
amended by Section 1, Chapter 198, O.S.L. 2019 (59 O.S. Supp. 2020,
Section 887.5), is amended to read as follows:

Section 887.5. The State Board of Medical Licensure and
Supervision shall have the power and duty to:

1. Promulgate the rules and regulations necessary for the
performance of its duties pursuant to implement the provisions of
the Physical Therapy Practice Act;

2. Determine, as recommended by the Committee, the
qualifications of applicants for licensure, conduct all
examinations, and determine which applicants successfully passed
such examinations;

3. Issue a license to each applicant who passes the examination
in accordance with standards promulgated by the Board pursuant to
the Physical Therapy Practice Act, and who is otherwise in
compliance with the Physical Therapy Practice Act. A license shall
also be issued to persons who qualify for such license pursuant to
the provisions of Sections 887.9 and 887.10 of this title. Said
licenses shall be subject to annual renewal as provided by the
Physical Therapy Practice Act;

4. Make such investigations and inspections as are necessary to
ensure compliance