The following words and phrases, when used in this Chapter, shall have the meaning ascribed to them in this Section, unless the context clearly indicates a different meaning:

(1) (a) Practice of physical therapy is the health care profession practiced by a physical therapist licensed under this Chapter and means the holding out of one's self to the public as a physical therapist and as being engaged in the business of, or the actual engagement in, the evaluation and treatment of any physical or medical condition to restore normal function of the neuro-muscular and skeletal system, relieve pain, or prevent disability by use of physical or mechanical means, including therapeutic exercise, mobilization, passive manipulation, therapeutic modalities, and activities or devices for preventative, therapeutic, or medical purposes, and further shall include physical therapy evaluation, treatment planning, instruction, consultative services, and the supervision of physical therapy supportive personnel, including physical therapist assistants.

(b) The use of roentgen rays and radium, and isotopes and ionizing radiation for diagnostic and therapeutic purposes are not authorized under the terms "physical therapy" as used in this Chapter, and a license issued pursuant to this Chapter does not authorize the diagnosis of disease or treatment without the prescription or referral of a person licensed to practice medicine, surgery, dentistry, chiropractor, or podiatry.

(c) Physical therapy, noun and adjective, means equally physiotherapy and physical therapy.

(d) Initial physical therapy evaluation means the physical therapy assessment and resulting interpretation of a patient's condition through use of patient history, signs, symptoms, objective tests, or measurements to determine neuromusculoskeletal and biomechanical dysfunctions to determine the need for physical therapy. The conclusions of such initial physical therapy evaluation may be reported to the patient and may be used to establish treatment goals. The results of an initial physical therapy evaluation or physical therapy consultation shall be reported to the referring or treating physician, dentist, chiropractor, or podiatrist.

(2) Physical therapist means equally physiotherapist and physical therapist, that is, a person who is a graduate of an accredited school of physical therapy, which school, at the time of graduation was approved by the American Physical Therapy Association or the Louisiana Board of Physical Therapy Examiners, and who practices physical therapy as defined in this Chapter.

(3) Board means the Louisiana State Board of Physical Therapy Examiners.

(4) Words importing the masculine gender may be applied to females.

(5) (a) Physical therapist assistant means any person who is a graduate of an accredited school of physical therapist assisting, which school, at the time of graduation, was approved by the American Physical Therapy Association or the Louisiana State Board of Physical Therapy Examiners, and assists in the practice of physical therapy in accordance with the provisions of this Chapter, and who works under the supervision of a physical therapist by performing such patient-related activities assigned by a physical therapist which are commensurate with the physical therapist assistant's education and training. (b) Physical therapist assistant means equally physical therapy assistant, physiotherapist assistant, and physiotherapy assistant, P.T.A.

(c) A physical therapist assistant's work shall not include the interpretation and implementation of referrals or prescriptions, the performance of evaluations, or the determination or major modification of treatment programs.

A. The Louisiana State Board of Physical Therapy Examiners, hereinafter referred to as the "Board", is hereby created within the Department of Health and Human Resources.

B. The Board shall consist of five members who shall be appointed by the governor as follows:

(1) Three members shall be physical therapists who possess an unrestricted license to practice physical therapy and who have been practicing in the state for no less than three years.

(2) One member shall be a physical therapist who possesses an unrestricted license to practice physical therapy and has been practicing in the state for no less than three years and appointed from a list of names submitted by the Louisiana Hospital Association.

(3) One member shall be a physician who possesses an unrestricted license to practice medicine in the state who specializes in the practice of orthopedic surgery or the practice of physiatry and appointed from a list of names submitted by the Louisiana State Medical Society.

C. Each appointment by the governor shall be submitted to the Senate for confirmation.

D. Of the initial members appointed, two of the physical therapist members shall be appointed for terms of three years, two of the physical therapist members shall be appointed for terms of two years, and the physician member shall be appointed for a term of one year. Thereafter, the terms of each member shall be three years.

E. Any vacancy occurring in the membership of the Board shall be filled in the same manner as the original appointment.

F. The governor may remove any member of the Board for misconduct, incompetence, or neglect of duty.

G. The Board shall meet at least semiannually, on a date and at a time and place as it may designate. All meetings shall be held at the call of the chairman or at a call of a quorum of members upon not less than ten days' written notice, unless such notice is waived. The presence of any member at any such meeting of the Board shall constitute a waiver of notice thereof by such member. Notice shall comply with the provisions of R.S. 42.7.

H. The Board shall meet in January of each year to elect a chairman and a secretary-treasurer from its membership.

I. Three members of the Board shall constitute a quorum for any business before the Board.

J. Each member shall be entitled to a per diem of fifty dollars plus reimbursement of expenses at the rate provided state employees to cover necessary expenses for attending each meeting of the Board or for representing the Board in an official Board-approved activity.

A. The Board shall:

(1) Examine all applications for the practice of physical therapy, issue licenses or permits to those possessing the necessary qualifications therefore, and take appropriate administrative actions to regulate the practice of physical therapy in the state.

(2) Adopt a seal which shall be affixed to all licenses.

(3) Adopts rules and regulations necessary for the efficient operation of the Board in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq.

(4) Keep a record of all meetings of the Board.

(5) Publish annually and make available a register of all persons licensed under this Chapter, including the name, current address, telephone number, and a number of the license to practice of each licensee.

(6) Update its record annually.

(7) Establish by regulation standards of practice.

(8) Report annually to the governor and to the presiding officer of each house of the legislature upon the condition of the practice of physical therapy in the state, make recommendations for the improvement of the practice, and submit a record of the proceedings of the Board during the year, together with the names of all physical therapists to whom the Board issued licenses during the year.

B. The Board may:

(1) Authorize any member of the Board to make any affidavit necessary to the issuance of any injunction or other legal process authorized under this Part.

(2) Employ counsel to carry out the provisions of this Part, if the fees of the counsel and the costs of all proceedings, except criminal prosecutions, are paid by the Board out of its own funds.

(3) Employ inspectors, special agents, and investigators, issue subpoenas to require attendance, testimonies, and production of documents to enforce the laws relative to the practice of physical therapy, and secure evidence of violation thereof.

(4) Employ an executive director and necessary clerical assistance to carry out the administrative work of the board, fix the compensation thereof, and incur other necessary expenses.

(5) Administer oaths in the taking of testimony upon any matters appertaining to the duties of the Board.

(6) Seek injunctive relief to prohibit any person from practicing physical therapy as defined in this Chapter without being licensed as provided herein.

C. The Board shall not have authority to expand the practice of physical therapy.

All monies collected by the Board pursuant to R.S. 37:2406 shall be deposited in the treasury of the Board. All Board expenses and compensation of Board members and employees shall be paid out of the Board funds only and shall not be charged to the state. The financial records shall be subjected to an annual audit.

There shall be no liability on the part of and no action for damages against:

(1) Any member of the Board, its agents or employees, or any member of a committee appointed or designated by the Board, for any action undertaken or performed by such person within the scope of the duties, powers, and functions of the Board or such committee when such person is acting without malice and in the reasonable belief that the action taken by him is warranted.

(2) Any person providing information to the Board, its agents or employees, or to a committee appointed or designated by the Board, when such person is acting without malice and in the reasonable belief that such information is accurate.

A. No person shall practice, or in any way hold himself out, or designate himself, as a physical therapist or a physical therapist assistant unless duly licensed by the Board in accordance with this Chapter.

B. A person who is employed as a physical therapist or a physical therapist assistant by the United States government, or any department, agency, or bureau thereof, shall not be required to obtain a license under the provisions of this Chapter. If such person, while federally employed as a physical therapist or physical therapist assistant, shall engage in the practice of physical therapy outside the course and scope of such federal employment, he shall then be required to obtain a license in accordance with this Chapter.

A. To be qualified for a license as a physical therapist, an applicant must:

(1) Be twenty-one years of age.

(2) Be a citizen of the United States or have filed a declaration of intention to become a citizen of the United States (Present certificate).

(3) Be of good moral character.

(4) Have paid all fees required by this Chapter.

(5) Have graduated from a school of physical therapy, which school, at the time of such graduation, was approved by the Louisiana State Board of Physical Therapy Examiners.

(6) Pass an examination to the satisfaction of the Board as provided for in R.S. 37:2409.

B. A graduate of a school of physical therapy outside the United States shall be qualified for a license as a physical therapist provided he complies with the provisions of Paragraph (1), (2), (3), and (4) of Subsection A and in addition complies with the following provisions:

(1) Present in person his original diploma or facsimile (with English translation) from the physical therapy school from which he was graduated, together with a letter of recommendation from the dean or any other senior administrator of the physical therapy school from which applicant was graduated, which letter is to be authenticated by the United States Consul.

(2) Provide indisputable identification.

(3) Demonstrate in a personal interview his ability to read, write, and speak English fluently.

(4) Present proof of identity and proof of certification or licensure as a physical therapist in the country where he completed his education.

(5) Obtain from the Louisiana State Board of Physical Therapy Examiners a permit to engage in supervised clinical experience under the direction and supervision of a physical therapist licensed under this Chapter. The period of supervised clinical experience shall be for at least six months but not more than eighteen months, based on full-time employment. The Board, in its discretion, may accept part-time employment during the periods of time set forth above as complying with the requirements for supervised clinical experience.

(6) Present written evidence satisfactory to the Board that he has completed the required period of supervised clinical experience, that he is competent to practice physical therapy, and pass the examination as provided for in R.S. 37:2409.

(7) The Board may waive the examination provided for in R.S. 37:2409 in favor of an applicant who presents to the Board a license and endorsement from another state if the Board finds that said license and endorsement were obtained on the basis of requirements and qualifications equivalent to those of the State of Louisiana.

C. To be qualified for a license as a physical therapist assistant, an applicant must:

(1) Be at least nineteen years of age.

(2) Be of good moral character.

(3) Have paid all fees required by this Chapter.

(4) Have graduated from an accredited school of physical therapist assisting, which school, at the time of such graduation, was approved by the American Physical Therapy Association or the Louisiana State Board of Physical Therapy Examiners. The Louisiana State Board of Physical Therapy Examiners shall not, however, require an applicant to have completed a course in training in excess of that required for an associate degree.

(5) Pass an examination to the satisfaction of the Board as provided for in R.S. 37:2409.

D. Notwithstanding the provisions of Subsection C, any person performing patient-related activities under the supervision of a duly licensed physical therapist on August 21, 1992 shall be eligible for licensure as a physical therapist assistant, if he meets the requirements of Paragraphs (1), (2), and (3) of Subsection C and, complies with the following provisions:

(1) Has worked by assisting with patient care in physical therapy setting in the state for a minimum of two years immediately preceding August 21, 1992 under the supervision of a licensed physical therapist.

(2) Obtains two references from physical therapists licensed in the state for a minimum of two years each.

(3) Obtains an evaluation concerning certain competencies as defined in rules and regulations adopted by the Board from a physical therapist licensed in the state for a minimum of five years.

(4) (a) Passes an examination approved by the Board and to the satisfaction of the Board as provided for in R.S. 37:2409. The examination shall be passed not later than March 21, 1997.

(b) Those persons eligible and qualified who have not taken the examination at a prior date may sit for the examination for a maximum of three sittings at the regularly scheduled examinations.

(c) Those persons eligible and qualified who have previously taken but not passed the examination may retake the examination no more than twice by March 21, 1997, but in no case shall a person be allowed to take the examination more than a total of three times.

A. An applicant for a license as a physical therapist or physical therapist assistant shall file a written application on forms provided by the Board together with the license fee required by R.S. 37:2406. The applicant shall present evidence satisfactory to the Board of his qualifications as required by R.S. 37:2403.

B. (1) Upon determination of the Board, a person qualified to take the examination for licensure under this Chapter may be issued a temporary permit until the next examination meeting of the Board.

(2) A person who fails the examination for licensure may continue to practice under a temporary license until the next scheduled examination.

(3) Upon failure of the second examination, the temporary license shall expire and shall be surrendered to the Board.

(4) The person holding a temporary license may practice only under the direction of a licensed physical therapist who shall give periodic supervision and instruction that is adequate to insure the safety and welfare of the patient. The supervision requirement shall be effective on and after January 1, 1984.

A. The Board may, in its discretion, license as a physical therapist or physical therapist assistant, without examination, on payment of the prescribed fee, an applicant for licensure who is a physical therapist or physical therapist assistant licensed under the laws of another state, territory, commonwealth, or District of Columbia, if the requirements for licensure of physical therapists or physical therapist assistant were at the date of licensure substantially equal to the requirements then or subsequently in force in this state and if the state, territory, commonwealth, or District of Columbia, from whence the applicant comes, accords similar privilege of licensure without examination to holders of certificates as licensed physical therapists or physical therapist assistant under this Chapter.

B. An applicant who meets the requirements of reciprocity may be issued a temporary license to practice until the permanent license is issued or the application for reciprocity is denied by the Board. The physical therapist holding a temporary license issued in accordance with the provisions of this Section may practice without supervision.

A. The Board may establish and collect fees. The fees shall be established by rule adopted in accordance with the Administrative Procedure Act, R.S. 49:950 et seq. and shall be limited to the fee schedule provided for in Subsection C of this Section.

B. The fees provided in this Section shall be paid to the secretary-treasurer of the Board.

C. The board may assess the following schedule of fees which shall not exceed the following amounts:

(1) Application fee $400.00

(2) Reinstatement fee $200.00

(3) Annual License Renewal fee $200.00

(4) License Verification fee $50.00

(5) Duplicate Wall License fee $50.00

(6) Duplicate Wallet License fee $50.00

A. Every person licensed under the provisions of this Chapter shall annually renew the license on or before January first of each year. Upon application for licensure renewal, the licensee is required to provide proof of continuing education to the Board as required by the Board's administrative regulations.

B. Any license not renewed may be suspended by unanimous vote of the Board. The suspension is subject to review by the courts.

A. A licensee who allows his license to lapse by failing to renew the license as provided by R.S. 37:2407 may be reinstated upon satisfactory explanation for the failure to renew and the payment of both the renewal fee for the current year and the reinstatement fee, which fees are provided in R.S. 37:2406.

B. A licensee who allows his license to lapse and fails to meet continuing education requirements, without a satisfactory explanation as determined by the Board, may be required to take the licensing examination and pay the fees for relicensure and examination as required by the Board's administrative regulations prior to relicensure.

A. The Board shall examine applicants for licensure as physical therapists or physical therapist assistants at such times and places as it may determine. The examination shall test the applicant's knowledge of such subjects as the Board may deem useful in determining the applicant's fitness to practice physical therapy and may include demonstrations and written and oral tests.

B. When acting as a Board of examiners of applicants for licenses to practice physical therapy in the state, the Board or the committee thereof, shall appoint three or more persons who are licensed to practice physical therapy in accordance with this Chapter to assist in the preparation and administration of the examination of applications under rules and regulations adopted by the Board.

A. No person licensed under this Chapter shall practice physical therapy or act as a physical therapist, except upon the prescription or referral of a person licensed to practice medicine, surgery, dentistry, podiatry, or chiropractor. Initial evaluation or consultation of a screening nature to determine the need for physical therapy may be performed by a physical therapist without referral, but implementation of physical therapy treatment to individuals for their specific condition or conditions shall be based on the prescription or referral of a person licensed to practice medicine, surgery, dentistry, chiropractor, or podiatry.

B. A person not licensed as a physical therapist or physical therapist assistant in accordance with this Chapter may be employed in a hospital, institution, clinic, physician's office, or athletic training room to administer treatment under the direction and supervision of a license physician; however, the treatment administered shall not be identified as physical therapy, and further provided that such persons administering such treatment shall not hold themselves out, nor be held by others as physical therapists or physical therapist assistants.

C. (1) A person licensed under this Chapter as a physical therapist assistant shall only perform treatments under the direction and supervision of a licensed physical therapist. The duties assigned to the physical therapist assistant shall be commensurate with the physical therapist assistant's education and training.

(2) A physical therapist assistant's duties shall not include interpretation or implementation of referrals or prescriptions, performance of evaluations, or the determination or major modification of treatment programs.

(3) A physical therapist assistant shall in no way hold himself out to be a physical therapist and shall make known to patients his title as a licensed physical therapist assistant.

D. A physical therapist licensed under this Chapter shall not perform physical therapy services without a prescription or referral from a person licensed to practice medicine, surgery, dentistry, podiatry, or chiropractic. However, a physical therapist licensed under this Chapter may perform physical therapy services without a prescription or referral under the following circumstances:

(1) To children with a diagnosed developmental disability pursuant to the patient?s plan of care.

(2) As part of a home health care agency pursuant to the patient?s plan of care.

(3) To a patient in a nursing home pursuant to the patient?s plan of care.

(4) Related to conditioning or to providing education or activities in a wellness setting for the purpose of injury prevention, reduction of stress, or promotion of fitness.

(5) (a) To an individual for a previously diagnosed condition or conditions for which physical therapy services are appropriate after informing the health care provider rendering the diagnosis. The diagnosis shall have been made within the previous ninety days. The physical therapist shall provide the health care provider who rendered such diagnosis with a plan of care for physical therapy services within the first fifteen days of physical therapy intervention.

(b) Nothing in this Chapter shall be construed to create liability of any kind for the health care provider rendering the diagnosis pursuant to this Subsection for a condition, illness, or injury that manifested itself after such diagnosis or for any alleged damages as a result of physical therapy services performed without a prescription or referral from a person licensed to practice medicine, surgery, dentistry, podiatry, or chiropractic.

E. Physical therapy service performed without a prescription or referral from a person licensed to practice medicine, surgery, dentistry, podiatry, or chiropractic shall not be construed to mandate coverage for physical therapy services under any health care plan, insurance policy, or workers? compensation or circumvent any requirement for pre-authorization of services in accordance with any health care plan, insurance policy, or workers? compensation.

If an applicant meets the requirements of this Chapter, the Board shall issue the applicant a certificate of licensure to practice physical therapy as defined in this Chapter.

.

A. The Board after due notice and hearing may refuse to license any applicant, or may refuse to renew the license of any person, or may suspend or revoke any license upon proof that the person:

(1) Practices physical therapy in violation of the provisions of this Chapter and any rules and regulations promulgated thereto in accordance with the Administrative Procedure Act.

(2) Attempts to or obtains a license by fraud or misrepresentation.

(3) Commits repeated occasions of negligence or incompetence in the practice of physical therapy.

(4) Has been convicted of a felony in the courts of this state or any other state, territory, or country. Conviction, as used in this Paragraph, shall include a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere.

(5) Is habitually intemperate or is addicted to the use of habit forming drugs.

(6) Has had his license to practice physical therapy revoked or suspended, or has had other disciplinary action taken, or has had his application for licensure refused, revoked, or suspended by the proper authorities of another state, territory, or country.

(7) Has been found guilty of unprofessional conduct. Unprofessional conduct shall include departure from, or failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice, in which proceeding actual injury to a patient need not be established.

(8) Engages directly or indirectly in the division, transferring, assigning, rebating, or refunding of fees received for professional service with a referring practitioner or any relative or business associate of that referring practitioner. Nothing in this Paragraph shall be construed as prohibiting the members of any regularly and properly organized business entity recognized by law and comprised of physical therapist from dividing that amount of fees received for professional services among themselves as they determine by contract necessary to defray their joint operating expense.

B. Any action of the Board taken under this Section shall be subject to notice requirements and hearing, adjudication, and appeal proceedings in accordance with the Administrative Procedure Act.

No person shall:

(1) Sell or falsely obtain or furnish any physical therapy diploma or license, or aid or abet therein; or

(2) Practice physical therapy without a lawfully issued, current and valid license, except as otherwise provided in this Chapter; or

(3) Use in connection with his name any designation tending to imply that he is a licensed physical therapist or a physical therapist assistant unless duly licensed to practice under the provisions of this Chapter; or

(4) Violate any provisions of this Chapter.

A person who violates a provision of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less that one hundred dollars nor more than five hundred dollars, or by imprisonment for not less that thirty days nor more than ninety days, or by both such fine and imprisonment. Such person shall be subject to either a fine of not less than five hundred dollars or imprisonment of not less than six months, at the discretion of the court, for each additional offense.

The Board, through its proper officer, may cause to issue in any competent court a writ of injunction enjoining any person from practicing physical therapy, until such person obtains a license under the provisions of this Chapter. This injunction shall not be subject to being released upon bond.

In the suit for injunction, the Board may demand of the defendant a penalty of not more than one hundred dollars, reasonable attorney's fees and the costs of court. This judgment for penalty, attorney's fees and costs may be rendered in the same judgment in which the injunction is made absolute.

The trail of the proceeding by injunction shall be summary and by the judge without a jury.

This Chapter may be cited as the "Physical Therapy Practice Act of Louisiana."

Nothing in this Chapter shall be construed as preventing or restricting the practice or activities of any persons licensed in this state by any other law from engaging in the profession or occupation of which he is licensed.

For the purpose of bills for services submitted to and compensation received from insurance carriers, an initial physical therapy evaluation as defined in R.S. 37:2401 (1) (d) shall be considered a physical therapy diagnosis and shall not constitute the practice of medicine.

No provision in this Chapter shall preclude other health care providers from billing for or being reimbursed for the physical medicine procedures which they are licensed to perform which fall within their respective scope of practice.

No provision in this Chapter shall preclude other health care providers from being reimbursed for therapy treatments or physical modalities which fall within their respective scope of practice. However, this Chapter shall preclude other health care providers from professing the practice of physical therapy and from the use of the term "physical therapy" for advertisement purposes unless licensed under this Chapter.

No provision in this Chapter shall preclude a physical therapist from being reimbursed for therapy treatments or physical modalities which fall within their scope of practice. A physical therapist may not profess to provide ?spinal manipulation? or ?spinal adjustment? or use these terms for advertising purposes.