Chapter 153

2004 -- H 7667 SUBSTITUTE A

Enacted 0626/04

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS-PHYSICAL THERAPISTS

Date Introduced: February 10, 2004

Introduced By: Representatives Giannini, Cerra, Aubin, and Gallison

It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-40-13 of the General Laws in Chapter 5-40 entitled "Physical

Therapists" is hereby amended to read as follows:

5-40-13. Grounds for discipline of licensees. [Effective January 1, 2004.] -- (a) The

board has power to deny, revoke, or suspend any license issued by the department or applied for

in accordance with this chapter, or to discipline a person licensed under this chapter upon proof

that said person has engaged in unprofessional conduct including, but not limited to:

      (1) Fraud or deceit in procuring or attempting to procure a license or in the practice of

physical therapy;

      (2) Is habitually intemperate or is addicted to the use of habit forming drugs;

      (3) Is mentally and/or professionally incompetent;

      (4) Has repeatedly violated any of the provisions of this chapter;

      (5) Providing services to a person who is making a claim as a result of a personal injury,

who charges or collects from the person any amount in excess of the reimbursement to the

physical therapist by the insurer as a condition of providing or continuing to provide services or

treatment;

      (6) Conviction, including a plea of nolo contendere, of one or more of the offenses listed

in section 23-17-37;

      (7) Abandonment of a patient;

      (8) Promotion by a physical therapist or physical therapist assistant of the sale of drugs,

devices, appliances, or goods or services provided for a patient in a manner as to exploit the

patient for the financial gain of the physical therapist or physical therapist assistant;

      (9) Making or filing false reports or records in the practice of physical therapy;

      (10) Repeated failure to file or record, or impede or obstruct a filing or recording, or

inducing another person to fail to file or record physical therapy reports;

      (11) Failure to furnish patient records upon proper request;

      (12) Practice as a physical therapist assistant without supervision by a physical therapist

licensed in the state of Rhode Island;

      (13) Incompetent or negligent misconduct in the practice of physical therapy;

      (14) Revocation, suspension, surrender, or limitation of privilege based on quality of

care provided or disciplinary action against a license to practice as a physical therapist or physical

therapist assistant in another state, jurisdiction, or country;

      (15) Failure to furnish the board, administrator, investigator, or representatives

information legally requested by the board;

      (16) Violation of this chapter or any of the rules and regulations or departure from or

failure to conform to the current standards of acceptable and prevailing practice and code of

ethics of physical therapy.

      (b) Whenever a patient seeks or receives treatment from a physical therapist without

referral from a doctor of medicine, osteopathy, dentistry, podiatry, or chiropractic, physician

assistant, or certified registered nurse practitioner, the physical therapist shall:

      (1) Disclose to the patient, in writing, the scope and limitations of the practice of

physical therapy and obtain their consent in writing; and

      (2) Refer the patient to a doctor of medicine, osteopathy, dentistry, podiatry, or

chiropractic within ninety (90) days after the date treatment commenced; provided, that a physical

therapist is not required to make this a referral after treatment is concluded;

      (3) No physical therapist who has less than one year clinical experience as a physical

therapist shall commence treatment on a patient without a referral from a doctor of medicine,

osteopathy, dentistry, podiatry, or chiropractic, physician assistant, or certified registered nurse

practitioner.

     SECTION 2. This act shall take effect upon passage.

=======

LC01562/SUB A

=======