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2006 SESSION
069315220Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-3473, 54.1-3481 and 54.1-3482 of the Code of Virginia are amended and reenacted as follows:
§ 54.1-3473. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Board" means the Board of Physical Therapy.
"Physical therapist" means any person licensed by the Board to engage in the practice of physical therapy.
"Physical therapist assistant" means any person licensed by the Board to assist a physical therapist in the practice of physical therapy.
"Practice of physical therapy" means that branch of
the healing arts that is concerned with, upon medical referral
and direction, the evaluation, testing, treatment, reeducation and
rehabilitation by physical, mechanical or electronic measures and procedures of
individuals who, because of trauma, disease or birth defect, present physical
and emotional disorders. The practice of physical therapy also includes the
administration, interpretation, documentation, and evaluation of tests and
measurements of bodily functions and structures within the scope of practice of
the physical therapist. However, the practice of physical therapy does not
include the medical diagnosis of disease or injury, the use of Roentgen rays
and radium for diagnostic or therapeutic purposes or the use of electricity for
shock therapy and surgical purposes including cauterization.
§ 54.1-3481. Unlawful designation as physical therapist or physical therapist assistant; use of "physical therapy" in advertising.
A. It shall be unlawful for any person who is not licensed under this chapter, or whose license has been suspended or revoked or who licensure has lapsed and has not been renewed, to use in conjunction with his name the letters or words "R.P.T.," "Registered Physical Therapist," "L.P.T.," "Licensed Physical Therapist," "P.T.," "Physical Therapist," Physio-therapist," "P.T.T.," "Physical Therapy Technician," "P.T.A.," "Physical Therapist Assistant," "Licensed Physical Therapist Assistant," or to otherwise by letters, words, representations or insignias assert or imply that he is a licensed physical therapist. The title to designate a licensed physical therapist shall be "P.T." The title to designate a physical therapist assistant shall show such fact plainly on its face.
B. It shall be unlawful for any person to advertise or promote services as "physical therapy" unless he is licensed as a physical therapist under this chapter.
§ 54.1-3482. Certain referrals required; unlawful to practice physical therapist assistance except under the direction and control of a licensed physical therapist.
A. It shall be unlawful for a person to engage in
the practice of physical therapy except as a licensed physical therapist, upon
the referral and direction of a licensed doctor of medicine, osteopathy,
chiropractic, podiatry, dental surgery, licensed nurse practitioner as
authorized in his practice protocol, or a licensed physician assistant acting under
the supervision of a licensed physician, except as provided in this section.
B. After completing a three-year period of active
practice upon the referral and direction of a licensed doctor of medicine,
osteopathy, chiropractic, podiatry, dental surgery, licensed nurse practitioner
as authorized in his practice protocol, or a licensed physician assistant
acting under the supervision of a licensed physician, a physical therapist may
treat a patient for no more than 14 consecutive calendar days without a
referral under the following conditions: (i) the patient has previously been
referred to a physical therapist for physical therapy services by a licensed
doctor of medicine, osteopathy, chiropractic, podiatry, dental surgery,
licensed nurse practitioner as authorized in his practice protocol, or a
licensed physician assistant acting under the supervision of a licensed
physician; (ii) the patient's referral for physical therapy was made within two
years from the date the physical therapist implements a program of physical
therapy treatment without referral and direction; (iii) the physical therapy
being provided to the patient without referral and direction is for the same
injury, disease or condition as indicated in the referral of the licensed
doctor of medicine, osteopathy, chiropractic, podiatry, dental surgery, or
licensed physician assistant acting under the supervision of a licensed
physician; and (iv) the physical therapist notifies the practitioner identified
by the patient no later than three days after treatment commences. Treatment
for more than 14 consecutive calendar days of such patient shall only be upon
the referral and direction of a licensed doctor of medicine, osteopathy,
chiropractic, podiatry, dental surgery, licensed nurse practitioner as
authorized in his practice protocol, or a licensed physician assistant acting
under the supervision of a licensed physician.
In addition, after completing a three-year period
of active practice upon the referral and direction of a licensed doctor of medicine,
osteopathy, chiropractic, podiatry, dental surgery, licensed nurse practitioner
as authorized in his practice protocol, or a licensed physician assistant
acting under the supervision of a licensed physician, a physical therapist may
conduct a one-time evaluation, that does not include treatment, of a patient
who does not meet the conditions established in (i) through (iv) without the
referral and direction of a licensed doctor of medicine, osteopathy,
chiropractic, podiatry, dental surgery, licensed nurse practitioner as
authorized in his practice protocol, or a licensed physician assistant acting
under the supervision of a licensed physician; if appropriate, the physical
therapist shall immediately refer such patient to the appropriate practitioner.
CA. Invasive
procedures within the scope of practice of physical therapy shall at all times
be performed only under the referral and direction of a licensed doctor of
medicine, osteopathy, chiropractic, podiatry, dental surgery, licensed nurse
practitioner as authorized in his practice protocol, or a licensed physician
assistant acting under the supervision of a licensed physician.
DB. It shall
be unlawful for any licensed physical therapist to fail to immediately refer
any patient to a licensed doctor of medicine, osteopathy, chiropractic,
podiatry, or dental surgery, or a licensed nurse practitioner as authorized in
his practice protocol, whose medical condition is determined, at the time of
evaluation or treatment, to be beyond the physical therapist's scope of
practice. Upon determining that the patient's medical condition is beyond the
scope of practice of a physical therapist, a physical therapist shall
immediately refer such patient to an appropriate practitioner.
EC. Any
person licensed as a physical therapist assistant shall perform his duties only
under the direction and control of a licensed physical therapist.
F. However, a D. A licensed
physical therapist may provide, without referral or supervision,
physical therapy services to (i) a student athlete participating in a
school-sponsored athletic activity while such student is at such activity in a
public, private, or religious elementary, middle or high school, or public or
private institution of higher education when such services are rendered by a
licensed physical therapist who is certified as an athletic trainer by the
National Athletic Trainers' Association Board of Certification or as a sports
certified specialist by the American Board of Physical Therapy Specialties;
(ii) employees solely for the purpose of evaluation and consultation related to
workplace ergonomics; (iii) special education students who, by virtue of their
individualized education plans (IEPs), need physical therapy services to
fulfill the provisions of their IEPs; (iv) the public for the purpose of
wellness, fitness, and health screenings; (v) the public for the purpose of
health promotion and education; and (vi) the public for the purpose of
prevention of impairments, functional limitations, and disabilities.