1.1    .................... moves to amend H. F. No. 1189 as follows:
1.2Page 1, delete section 2 and insert:

1.3    "Sec. 2. Minnesota Statutes 2006, section 148.75, is amended to read:
1.5    (a) The state Board of Physical Therapy may refuse to grant a license to any physical
1.6therapist, or may suspend or revoke the license of any physical therapist for any of the
1.7following grounds:
1.8    (1) using drugs or intoxicating liquors to an extent which affects professional
1.10    (2) conviction of a felony;
1.11    (3) conviction for violating any state or federal narcotic law;
1.12    (4) obtaining a license or attempting to obtain a license by fraud or deception;
1.13    (5) conduct unbecoming a person licensed as a physical therapist or conduct
1.14detrimental to the best interests of the public;
1.15    (6) gross negligence in the practice of physical therapy as a physical therapist;
1.16    (7) treating human ailments by physical therapy after an initial 30-day 90-day
1.17period of patient admittance to treatment has lapsed, except by the order or referral of a
1.18person licensed in this state in the practice of medicine as defined in section 147.081, the
1.19practice of chiropractic as defined in section 148.01, the practice of podiatry as defined
1.20in section 153.01, or the practice of dentistry as defined in section 150A.05 and whose
1.21license is in good standing; or when a previous diagnosis exists indicating an ongoing
1.22condition warranting physical therapy treatment, subject to periodic review defined by
1.23board of physical therapy rule;
1.24    (8) treating human ailments, without referral, by physical therapy treatment without
1.25first having practiced one year under a physician's orders as verified by the board's records;
1.26    (9) failing to consult with the patient's health care provider who prescribed the
1.27physical therapy treatment if the treatment is altered by the physical therapist from the
2.1original written order. The provision does not include written orders to "evaluate and
2.3    (8) failing to consult with a patient's licensed health care professional when a
2.4patient's medical condition has been determined by the physical therapist to be beyond the
2.5scope of practice of a physical therapist;
2.6    (10) (9) treating human ailments other than by physical therapy unless duly licensed
2.7or registered to do so under the laws of this state;
2.8    (11) (10) inappropriate delegation to a physical therapist assistant or inappropriate
2.9task assignment to an aide or inadequate supervision of a student physical therapist,
2.10physical therapist assistant, student physical therapist assistant, or a physical therapy aide;
2.11    (12) (11) practicing as a physical therapist performing medical diagnosis, the
2.12practice of medicine as defined in section 147.081, or the practice of chiropractic as
2.13defined in section 148.01;
2.14    (13) (12) failing to comply with a reasonable request to obtain appropriate clearance
2.15for mental or physical conditions that would interfere with the ability to practice physical
2.16therapy, and that may be potentially harmful to patients;
2.17    (14) (13) dividing fees with, or paying or promising to pay a commission or part
2.18of the fee to, any person who contacts the physical therapist for consultation or sends
2.19patients to the physical therapist for treatment;
2.20    (15) (14) engaging in an incentive payment arrangement, other than that prohibited
2.21by clause (14) (13), that tends to promote physical therapy overuse, that allows the
2.22referring person or person who controls the availability of physical therapy services to a
2.23client to profit unreasonably as a result of patient treatment;
2.24    (16) (15) practicing physical therapy and failing to refer to a licensed health care
2.25professional a patient whose medical condition at the time of evaluation has been
2.26determined by the physical therapist to be beyond the scope of practice of a physical
2.28    (17) (16) failing to report to the board other licensed physical therapists who violate
2.29this section; and
2.30    (18) (17) practicing physical therapy under lapsed or nonrenewed credentials.
2.31    (b) A license to practice as a physical therapist is suspended if (1) a guardian of
2.32the physical therapist is appointed by order of a court pursuant to sections 524.5-101
2.33to 524.5-502, for reasons other than the minority of the physical therapist; or (2) the
2.34physical therapist is committed by order of a court pursuant to chapter 253B. The license
2.35remains suspended until the physical therapist is restored to capacity by a court and, upon
3.1petition by the physical therapist, the suspension is terminated by the Board of Physical
3.2Therapy after a hearing.
3.3    (c) No physical therapist shall be subject to disciplinary action by the state Board
3.4of Physical Therapy for a patient's refusal to comply with a referral, as required under
3.5paragraph (a), clause (15), when the referral is documented in the physical therapy record."
3.6Page 3, after line 35, insert:

3.7    "Sec. 4. SUNSET.
3.8    The amendment to Minnesota Statutes, section 148.75, paragraph (a), clause (7)
3.9sunsets August 1, 2009."
3.10Renumber the sections in sequence and correct the internal references
3.11Amend the title accordingly