Chapter 0627

Chapter 627 Oregon Laws 2005

AN ACT

HB 3260

Relating to physical therapy; creating new provisions; amending ORS 684.010, 688.010, 688.040, 688.050, 688.055, 688.080, 688.100, 688.110, 688.120, 688.132, 688.140, 688.160 and 688.990; and repealing ORS 688.070, 688.130, 688.134, 688.170, 688.180, 688.210, 688.220 and 688.235.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) The Legislative Assembly finds and declares that providing for state administrative control, supervision, licensure and regulation of the practice of physical therapy in this state serves the purpose of protecting the public health, safety and welfare.

(2) It is the intent of the Legislative Assembly that only individuals who meet and maintain prescribed standards of competence may engage in the practice of physical therapy as authorized by ORS 688.010 to 688.220 and implemented by the Physical Therapist Licensing Board.

SECTION 2. ORS 688.010 to 688.220 may be cited as the Oregon Physical Therapy Practice Act.

SECTION 3. ORS 688.010 is amended to read:

688.010. As used in ORS 688.010 to 688.220, unless the context requires otherwise:

(1) “Board” means the Physical Therapist Licensing Board.

[(2) “Licensed physical therapist” means a professional physical therapist licensed as provided in ORS 688.010 to 688.230.]

(2) “Physical therapist” means a person who is licensed pursuant to ORS 688.010 to 688.220 to practice physical therapy.

(3) “Physical therapist aide” means a person who is trained by a physical therapist or physical therapist assistant to perform designated and supervised routine tasks related to physical therapy and who works under the direct on-site supervision of a physical therapist or physical therapist assistant.

[(3)] (4) “Physical therapist assistant” means a person who assists a [licensed] physical therapist in the administration of selected components of physical therapy intervention. A physical therapist assistant works under the supervision and direction of the physical therapist.

[(4) “Physical therapy” means the evaluation, treatment and instruction of a human being to assess, prevent, correct, alleviate and limit the signs and symptoms of physical disability, bodily malfunction and pain. “Physical therapy” does not include chiropractic as defined in ORS 684.010. “Physical therapy” includes:]

[(a) The performance of tests and measurements as an aid to evaluation of function and the administration, evaluation and modification of treatment and instruction, including the use of physical measures, activities and devices, for preventive and therapeutic purposes; and]

[(b) The provision of consultative, educational and other advisory services for the purpose of reducing the incidence and severity of physical disability, bodily malfunction and pain.]

(5) “Physical therapy” means the care and services provided by a physical therapist or by a physical therapist assistant under the supervision and direction of a physical therapist.

(6) “Practice of physical therapy” means:

(a) Examining, evaluating and testing for mechanical, physiological and developmental impairments, functional limitations and disabilities or other neuromusculoskeletal conditions in order to determine a physical therapy diagnosis or prognosis or a plan of physical therapy intervention and to assess the ongoing effects of physical therapy intervention.

(b) Alleviating impairments and functional limitations by designing, implementing, administering and modifying physical therapy interventions.

(c) Reducing the risk of injury, impairment, functional limitation and disability by physical therapy interventions that may include as a component the promotion and maintenance of health, fitness and quality of life in all age populations.

(d) Consulting or providing educational services to a patient for the purposes of paragraphs (a), (b) and (c) of this subsection.

SECTION 4. ORS 688.040 is amended to read:

688.040. (1) Any person desiring to be a licensed physical therapist or physical therapist assistant shall apply in writing to the Physical Therapist Licensing Board, upon [such] a form and in [such] a manner as [shall be] provided by the board by rule.

(2) Each application shall include or be accompanied by evidence, under oath or affirmation and satisfactory to the board, that the applicant possesses the qualifications prescribed by ORS 688.050 [(1) to (3)] for applicants for licensing as a physical therapist and ORS 688.055 for applicants for licensing as a physical therapist assistant.

(3) An applicant shall include with the application any application and examination fees prescribed by the board by rule.

(4) The board shall notify an applicant of any deficiencies in the application.

SECTION 4a. If House Bill 2095 becomes law, section 4 of this 2005 Act (amending ORS 688.040) is repealed and ORS 688.040, as amended by section 7, chapter 21, Oregon Laws 2005 (Enrolled House Bill 2095), is amended to read:

688.040. (1) Any person desiring to be a licensed physical therapist or physical therapist assistant shall apply in writing to the Physical Therapist Licensing Board in the form and manner provided by the board by rule.

(2) Each application shall include or be accompanied by evidence, satisfactory to the board, that the applicant possesses the qualifications prescribed by ORS 688.050 [(1) to (3)] for applicants for licensing as a physical therapist and ORS 688.055 for applicants for licensing as a physical therapist assistant.

(3) An applicant shall include with the application any application and examination fees prescribed by the board by rule.

(4) The board shall notify an applicant of any deficiencies in the application.

SECTION 5. ORS 688.050 is amended to read:

688.050. (1) Each applicant for [licensing under ORS 688.010 to 688.220] a license as a physical therapist shall:

[(1)] (a) Be at least 18 years of age.

[(2)] (b) Be of good moral character as determined by the Physical Therapist Licensing Board.

[(3)] (c) Be a graduate of [a school of physical therapy approved by the Physical Therapist Licensing Board] an accredited professional physical therapy education program approved by the board.

[(4)] (d) Pass to the satisfaction of the board an examination [conducted] approved by the board to determine the fitness of the applicant [for licensing] to practice as a physical therapist[,] or to be entitled to be licensed as provided in ORS 688.080. An applicant for licensure as a physical therapist who does not pass the examination on the first attempt may retake the examination as provided by rules adopted by the board.

(2) In addition to the requirements of subsection (1) of this section, an applicant for a license as a physical therapist who has been educated outside the United States shall:

(a) Provide evidence satisfactory to the board that the applicant’s physical therapy education program is recognized or accredited and that the applicant’s education is substantially equivalent to the education of physical therapists who graduated from accredited physical therapy education programs approved by the board. If the board determines that the education of an applicant who graduated from a physical therapy education program outside the United States is not substantially equivalent, the board may require the applicant to complete additional course work before the board proceeds with the application process.

(b) Obtain an evaluation of the applicant’s educational credentials by a credentials evaluation agency approved by the board.

(c) Demonstrate proficiency in English if required by the board.

(d) Pass to the satisfaction of the board an examination approved by the board.

(3) If an applicant who has been educated outside the United States is a graduate of an accredited physical therapy education program approved by the board, the board may waive the requirements of subsection (2)(a) and (b) of this section.

SECTION 6. ORS 688.055 is amended to read:

688.055. [An] Each applicant for a license [under ORS 688.010 to 688.220] as a physical therapist assistant shall:

(1) Be at least 18 years of age.

(2) Be of good moral character as determined by the Physical Therapist Licensing Board.

[(3) Have completed to the satisfaction of the board a course for physical therapist assistants approved by the Physical Therapist Licensing Board.]

(3) Be a graduate of an accredited physical therapist assistant education program approved by the board.

(4) Pass to the satisfaction of the board an examination [conducted] approved by the board to determine the fitness of the applicant [for practice] to work as a physical therapist assistant[,] or to be entitled to be licensed as provided in ORS 688.080. An applicant for licensure as a physical therapist assistant who does not pass the examination on the first attempt may retake the examination as provided by rules adopted by the board.

SECTION 7. ORS 688.080 is amended to read:

688.080. (1) The Physical Therapist Licensing Board may license as a physical therapist or license as a physical therapist assistant, without examination, any person who:

(a) Applies for [such] a license as provided in ORS 688.040; [and]

(b) Is of good moral character as determined by the board; and

[(b)] (c) On the date of making application, is a physical therapist or physical therapist assistant [licensed under the laws of] who has a valid unrestricted license from any other state or territory of the United States[,] if the requirements for licensing of physical therapists or physical therapist assistants in the state or territory in which the applicant is licensed are [not less than those required in ORS 688.010 to 688.220] substantially equivalent to Oregon’s licensure requirements and the applicant passed to the satisfaction of the examiner of such state or territory a written examination [which] that is approved by the board of this state[, or never having been licensed in another state or territory, the applicant has been graduated during the immediate preceding 12 months from a school which has been approved by a board of this state, and on the date of application has passed to the satisfaction of the board an examination which is approved by the board of this state].

(2) Each applicant under this section shall pay a fee to the board at the time of filing the application.

SECTION 8. ORS 688.100 is amended to read:

688.100. [Each licensed physical therapist or physical therapist assistant shall apply to the Physical Therapist Licensing Board in January, February or March of each year for a renewal of the license. Each applicant for renewal of the license shall pay to the board at the time of filing an application fee. Any license that is not renewed before April 1 of each year shall automatically lapse. The board may revive and renew any lapsed license upon payment to it of all past unpaid renewal fees in addition to a delinquent fee. However, a late revival and renewal shall not be granted more than five years after a license has lapsed.]

(1) A person who is licensed as a physical therapist or physical therapist assistant shall renew the person’s license pursuant to the rules of the Physical Therapist Licensing Board. A person who fails to renew the license on or before the expiration date specified by board rule may not practice as a physical therapist or work as a physical therapist assistant in this state until the lapsed license is renewed.

(2) The board may reinstate a lapsed license upon payment of all past renewal and delinquency fees.

(3) If a person’s license has lapsed for more than five consecutive years, that person shall reapply for a license and pay all applicable fees. The person shall also demonstrate to the board’s satisfaction competence to practice physical therapy, or shall serve an internship under a restricted license or take remedial or refresher courses, or both, at the discretion of the board. The board may also require the applicant to take an examination.

(4) A person who is licensed as a physical therapist or physical therapist assistant shall report to the board a name change or any change in business or residential address, electronic mail address or contact telephone number within 30 days after the date of change.

SECTION 9. ORS 688.110 is amended to read:

688.110. (1) The Physical Therapist Licensing Board, in its discretion, may issue without examination a temporary permit to a person to practice as a physical [therapy] therapist or to work as a physical therapist assistant in this state if the person files an application for license as provided in ORS 688.040 or 688.080, and pays to the board at the time of filing the application the temporary permit fee.

(2) A person holding a temporary permit may practice physical therapy only under the direction of a [licensed] physical therapist licensed under ORS 688.010 to 688.220.

(3) The temporary permit shall be granted for a period not to exceed three months.[, and may be renewed by] The board may renew the temporary permit at its discretion for an additional three months, but no longer.

[(4) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges, the fees and charges established under ORS 688.070, 688.080, 688.100 and this section shall not exceed the cost of administering the regulatory program of the board pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the board’s budget, as the budget may be modified by the Emergency Board.]

SECTION 10. ORS 688.120 is amended to read:

688.120. [No] A person [shall] may not:

(1) Obtain or attempt to obtain a license as a physical therapist or as a physical therapist assistant or a temporary permit under ORS 688.110 by any fraudulent representation.

(2) Willfully make a false oath or affirmation under ORS 688.040.

SECTION 11. ORS 688.132 is amended to read:

688.132. (1) [If a licensed physical therapist administers physical therapy to a person as authorized in ORS 688.130 (1)(a), the] A licensed physical therapist [must] shall immediately refer [the] a person to a medical doctor, osteopathic physician, chiropractic physician, podiatric physician and surgeon, naturopathic physician, dentist, physician assistant or nurse practitioner if:

(a) Signs [and] or symptoms are present that require treatment or diagnosis by such providers or for which physical therapy is contraindicated or for which treatment is outside the knowledge of the physical therapist or scope of practice of physical therapy; or

(b) The physical therapist continues therapy and 30 days have passed since the initial physical therapy treatment has been administered, unless:

(A) The individual is a child or a student eligible for special education, as defined by state or federal law, and is being seen pursuant to the child’s or the student’s individual education plan or individual family service plan;

(B) The individual is a student athlete at a public or private school, college or university and is seeking treatment in that role as athlete; or

(C) The individual is a resident of a long term care facility as defined in ORS 442.015, a residential facility as defined in ORS 443.400, an adult foster home as defined in ORS 443.705 or an intermediate care facility for mental retardation pursuant to federal regulations.

(2) Notwithstanding any provision of ORS 742.520 to 742.542, personal injury protection benefits are not required to be paid for physical therapy treatment of a person covered by the applicable insurance policy unless the person is referred to the physical therapist by a licensed physician, podiatric physician and surgeon, naturopathic physician, dentist, physician’s assistant or nurse practitioner.

SECTION 12. ORS 688.140 is amended to read:

688.140. (1) The Physical Therapist Licensing Board, after notice [of] and hearing [afforded such person] as provided in ORS 688.145, may impose any or all of the following sanctions or take any of the following actions upon any of the grounds specified in subsection (2) of this section:

(a) Refuse to license any applicant.

(b) Refuse to renew the license of any physical therapist or physical therapist assistant.

(d) Suspend or revoke a temporary permit issued under ORS 688.110.

[(d)] (e) Impose a civil penalty not to exceed $5,000.

[(e)] (f) Impose probation with authority to limit or restrict a license.

(g) Impose conditions, restrictions or limitations on practice.

[(f)] (h) Issue letters of reprimand.

(i) Impose any other appropriate sanction, including assessment of the reasonable costs of a proceeding under ORS 688.145 as a civil penalty. Costs include, but are not limited to, the costs of investigation, attorney fees, hearing officer costs and the costs of discovery.

(2) Grounds exist for the imposition of sanctions as specified in subsection (1) of this section when a person:

[(a) Is habitually under the influence of intoxicating liquors.]

[(b) Is habitually under the influence of controlled substances.]

[(c) Has been convicted of violating any federal narcotic law or state law relating to controlled substances.]

[(d) In the judgment of the board and pursuant to ethical and professional standards adopted by rule of the board, is guilty of unethical or unprofessional conduct.]

[(e) Subject to a finding consistent with ORS 670.280, has been convicted of a crime that is a felony or misdemeanor under the laws of any state or of the United States.]

[(f) In the judgment of the board, is guilty of gross negligence in practice as a physical therapist or physical therapist assistant.]

[(g) Has been adjudged mentally ill by a court of competent jurisdiction or has been voluntarily committed to an institution for treatment of mental illness, and thereafter has not been lawfully declared competent.]

[(h) Has treated or undertaken to treat ailments of persons otherwise than by physical therapy.]

[(i) Has violated ORS 688.130.]

[(j) Has obtained or attempted to obtain a license or a permit under ORS 688.010 to 688.220 by fraud or material misrepresentation.]

[(k) As a physical therapist assistant has undertaken to practice as a physical therapist.]

[(L) Has violated ORS 688.132.]

[(m) Has been subjected to discipline by another state based on acts similar to acts described in this subsection. A certified copy of the record of disciplinary action of the state taking the disciplinary action is considered conclusive evidence of the action.]

[(n) Has violated ORS 688.020.]

(a) Violates any provision of ORS 688.010 to 688.220, board rules or a written order from the board.

(b) Practices or offers to practice beyond the scope of practice of physical therapy.

(c) Obtains or attempts to obtain or renew a license or temporary permit by fraud or misrepresentation.

(d) Provides substandard care as a physical therapist through a deliberate or negligent act or failure to act, regardless of whether injury to the patient occurs.

(e) Provides substandard care as a physical therapist assistant by exceeding the authority to perform components of physical therapy interventions selected by the supervising physical therapist or through a deliberate or negligent act or failure to act, regardless of whether injury to the patient occurs.

(f) Fails as a physical therapist to supervise physical therapist assistants in accordance with board rules.

(g) Fails as a physical therapist or physical therapist assistant to supervise physical therapist aides in accordance with board rules.

(h) Subject to the provisions of ORS 670.280, has been convicted of a crime in Oregon or any other state, territory or country. For purposes of this paragraph, conviction includes a verdict of guilty, a plea of guilty or a plea of no contest.

(i) Uses controlled substances or intoxicating liquors to an extent or in a manner that is illegal, dangerous or injurious to the licensee or others or that impairs the person’s ability to safely practice physical therapy.

(j) Has had an application for licensure refused because of conduct or circumstances that would be grounds for sanctions by the board, or a license revoked or suspended, or other disciplinary action taken by the proper authorities of another state, territory or country.

(k) Engages in sexual misconduct. For purposes of this paragraph, sexual misconduct includes but is not limited to:

(A) Engaging in sexual conduct or soliciting a sexual relationship with a current patient, whether consensual or nonconsensual.

(B) Intentionally exposing or viewing a completely or partially disrobed patient in the course of treatment if the exposure or viewing is not related to patient diagnosis or treatment under current practice standards.

(L) Directly or indirectly requests, receives, pays or participates in dividing, transferring or assigning an unearned fee or profits by a means of a credit or other valuable consideration such as an unearned commission, discount or gratuity in connection with the furnishing of physical therapy services. This paragraph does not prohibit the members of any regularly and properly organized business entity recognized by law and comprised of physical therapists from dividing fees received for professional services among themselves as they determine.

(m) Fails to adhere to the standards of ethics of the physical therapy profession established by board rule.

(n) Obtains or attempts to obtain a fee for physical therapy services by fraud or misrepresentation.

(o) Makes misleading, deceptive or fraudulent representations in the course of providing physical therapy services.

(p) Fails to report to the board, when the person has direct knowledge of an unprofessional, incompetent or illegal act that reasonably appears to be in violation of ORS 688.010 to 688.220 or any rules of the board.

(q) Interferes with an investigation or disciplinary proceeding of the board.

(r) Aids or abets a person who is not licensed in this state to practice physical therapy.

(s) Fails to maintain adequate patient records.

(t) Fails to maintain patient confidentiality.

(u) Provides treatment intervention that is not warranted by the patient’s condition or continues treatment beyond the point of reasonable benefit to the patient.

(v) Provides physical therapy services or participates in physical therapy services solely for reasons of personal or institutional financial gain.

(w) Aids or causes another person, directly or indirectly, to violate ORS 688.010 to 688.220 or rules of the board, fraudulently uses or permits the use of a license number in any way, or acts with the intent to violate ORS 688.010 to 688.220 or rules of the board.

(3) To enforce the provisions of this section, the board is authorized to initiate an investigation and take the following actions:

(a) Receive complaints filed against persons and conduct timely investigations.

(b) Initiate its own investigation if the board has reason to believe that there may have been a violation of ORS 688.010 to 688.220.

(c) Issue a subpoena to compel the attendance of any witness or the production of any documentation relating to a matter under investigation. In addition to the board, the executive director or the executive director’s designee may issue a subpoena. When the board, in the course of an investigation, requires the production of patient records for inspection and copying by subpoena, or otherwise, the records shall be produced without regard to whether patient consent has been obtained and without regard to any claim of confidentiality or privilege.

(d) Take the deposition of a witness, including a physical therapist or physical therapist assistant being investigated, in the manner provided by law in civil cases.

(e) Take emergency action to suspend a person’s license or restrict the person’s practice or employment pending proceedings by the board.

(f) Report to the appropriate district attorney all cases that, in the judgment of the board, warrant prosecution.

(g) Require a person to undergo a mental, physical, chemical dependency or competency evaluation at the person’s expense when the board has objectively reasonable grounds to believe that the person is or may be unable to practice physical therapy with reasonable skill and safety, with the results being reported to the board. The report shall not be disclosed to the public but may be received into evidence in a proceeding between the board and the person when the mental, physical, chemical dependency or competency of the person is at issue, notwithstanding any claim of privilege by the person.

(4) If the board finds that the information received in a complaint or an investigation does not merit disciplinary action against a person, no disciplinary actions may ensue. The board may then take the following actions:

(a) Dismiss the complaint.

(b) Issue a confidential advisory letter to the person that is nondisciplinary and that notifies the physical therapist or physical therapist assistant that certain conduct or practices must be modified or eliminated.

(5) The board may apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing any act in violation of ORS 688.010 to 688.220. Injunction proceedings are in addition to, and not in lieu of, penalties or other sanctions prescribed in ORS 688.010 to 688.220.

SECTION 13. ORS 688.160 is amended to read:

688.160. (1) The Physical Therapist Licensing Board shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472, for purposes of carrying out the provisions of ORS 688.010 to 688.220 and 688.990 (1). The Physical Therapist Licensing Board shall consist of seven members appointed by the Governor who may be appointed from a list of not fewer than nine names, submitted by the Oregon Physical Therapy Association. [Four of the members shall be licensed physical therapists, shall have had not fewer than three years’ experience in physical therapy immediately preceding their appointment as members and shall be actively engaged in physical therapy in this state during their service as members. One member shall be a physician licensed under ORS chapter 677,] Five members shall be physical therapists who are Oregon residents, possess unrestricted licenses to practice physical therapy in this state, have been practicing in this state for at least two years immediately preceding their appointments and have been practicing in the field of physical therapy for at least five years. One member shall be a licensed physical therapist assistant. [and] One member shall be a public member who has an interest in consumer rights. All members shall have equal voting privileges.

(2) Upon the expiration of the term of a member of the board, the Governor shall appoint a successor who may be appointed from a list of three names submitted to the Governor by the Oregon Physical Therapy Association to serve a term of four years. [No] A member [shall] may not serve for more than two consecutive four-year terms.

(3) In the event of a vacancy in the office of a member of the board other than by reason of the expiration of a term, the Governor, not later than 90 days after the occurrence of the vacancy, shall appoint a person to fill the vacancy for the unexpired term. The person may be appointed from a list of three names submitted as provided in subsection (2) of this section. If requested by the board, the Governor may remove any member of the board for misconduct, incompetence or neglect of duty.

[(4) All appointments of members of the board by the Governor are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565.]

(4) Each member of the board is entitled to compensation and expenses as provided in ORS 292.495.

(5) A board member who acts within the scope of board duties, without malice and in reasonable belief that the member’s action is warranted by law, is immune from civil liability.

[(5)] (6) The board shall have power to:

(a) Establish matters of policy affecting administration of ORS 688.010 to 688.220;

[(b) Establish matters relating to examinations;]

(b) Provide for examinations for physical therapists and physical therapist assistants and adopt passing scores for the examinations;

[(d) Establish standards and tests to determine the moral, intellectual, educational, scientific, technical and professional qualifications of applicants for licenses to practice physical therapy in this state;]

(d) Establish standards and tests to determine the qualifications of applicants for licenses to practice physical therapy in this state;

(e) Issue licenses to persons who meet the requirements of ORS 688.010 to 688.220;

[(e)] (f) Adopt rules relating to the supervision and the duties of physical therapist aides who assist in performing routine work under supervision;

[(f) Enforce the provisions of ORS 688.010 to 688.220; and]

(g) Adopt rules establishing minimum continuing education requirements for all licensees;

[(g)] (h) Exercise general supervision over the practice of physical therapy within this state[.];

(i) Establish and collect fees for the application or examination for, or the renewal, reinstatement or duplication of, a license under ORS 688.040, 688.080 or 688.100 or for the issuance of a temporary permit under ORS 688.110; and

(j) Establish and collect fees to carry out and enforce the provisions of ORS 688.010 to 688.220.

[(6)] (7) The board shall meet as determined by the board and at any other time at the call of the board chairperson, who shall be elected by the members of the board.

[(7)] (8) The board may appoint and fix the compensation of an [administrator] executive director and other staff as necessary to carry out the operations of the board.

(9) The board shall:

(a) Maintain a current list of all persons regulated under ORS 688.010 to 688.220, including the persons’ names, current business and residential addresses, telephone numbers, electronic mail addresses and license numbers.

(b) Provide information to the public regarding the procedure for filing a complaint against a physical therapist or physical therapist assistant.

(c) Publish at least annually, and in a format or place determined by the board, final disciplinary actions taken against physical therapists and physical therapist assistants and other information, including rules, in order to guide physical therapists and physical therapist assistants regulated pursuant to ORS 688.010 to 688.220.

SECTION 14. ORS 688.990 is amended to read:

688.990. (1) Violation of any provision of ORS 688.020[,] or688.120 [or 688.130] is a misdemeanor.

(2) Violation of ORS 688.415 or 688.425 is punishable by a fine of not more than $500, or imprisonment for not more than one year, or both.

SECTION 15. Section 18 of this 2005 Act is added to and made a part of ORS 688.010 to 688.220.

SECTION 16. (1) A physical therapist licensed under ORS 688.010 to 688.220 shall:

(a) Be responsible for managing all aspects of the physical therapy care of each patient.

(b) Ensure the qualifications of all physical therapist assistants and physical therapist aides working under the direction and supervision of the physical therapist.

(c) Provide for each patient the therapeutic intervention that requires the expertise of a physical therapist and determine and supervise the use of physical therapist assistants or physical therapist aides to provide care that is safe, effective and efficient.

(2) Responsibility for patient care management shall include accurate documentation and billing of the physical therapy services provided. Information relating to the physical therapist-patient relationship is confidential and a physical therapist shall comply with the laws and rules governing the use and disclosure of a patient’s protected health information as provided in ORS 192.518 to 192.524.

(3) Each physical therapist shall display a copy of the physical therapist’s license or current renewal verification in a location accessible to public view at the physical therapist’s place of practice or employment.

(4) A physical therapist may purchase, store and administer topical and aerosol medications as part of the practice of physical therapy as defined in ORS 688.010. A physical therapist shall comply with any rules adopted by the State Board of Pharmacy specifying protocols for storage of medications.

(5) A physical therapist shall adhere to the standards of ethics recognized by the physical therapy profession as further established by a nationally recognized professional organization of physical therapists and as further adopted by the board.

(6) A physical therapist shall disclose to a patient any direct financial interest in products that the physical therapist endorses and recommends to the patient at the time of such endorsement or recommendation. The disclosure shall be documented in the patient’s record.

(7) A physical therapist shall refer a patient to an appropriate health care practitioner if the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice of a physical therapist or when physical therapy is contraindicated.

(8) A physical therapist may provide compensable services to an injured worker only as authorized by ORS 656.250.

(9) Nothing in ORS 688.010 to 688.220 shall prohibit a physical therapist licensed under ORS 688.010 to 688.220 from accepting a referral from a veterinarian licensed under ORS chapter 686. The referral must be in writing and specify the treatment or therapy to be provided, pursuant to ORS 686.040 (4). A physical therapist practicing under this subsection shall be held to the standard of care for veterinarians set forth in ORS chapter 686.

SECTION 17. ORS 684.010 is amended to read:

684.010. As used in this chapter:

(1) “Board” means the State Board of Chiropractic Examiners.

(2) “Chiropractic” is defined as:

(a) That system of adjusting with the hands the articulations of the bony framework of the human body, and the employment and practice of physiotherapy, electrotherapy, hydrotherapy and minor surgery.

(b) The chiropractic diagnosis, treatment and prevention of body dysfunction; correction, maintenance of the structural and functional integrity of the neuro-musculoskeletal system and the effects thereof or interferences therewith by the utilization of all recognized and accepted chiropractic diagnostic procedures and the employment of all rational therapeutic measures as taught in approved chiropractic colleges.

(3) “Chiropractic physician” means a person licensed by ORS 677.060, 684.025, 684.100, 684.155[, 688.010, 688.030, 688.125] or 688.010 to 688.220 and this section as an attending physician.

(4) “Drugs” means all medicines and preparations and all substances, except over-the-counter nonprescription substances, food, water and nutritional supplements taken orally, used or intended to be used for the diagnosis, cure, treatment, mitigation or prevention of diseases or abnormalities of humans, which are recognized in the latest editions of the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia, official National Formulary, or any supplement to any of them, or otherwise established as drugs.

(5) “Impaired chiropractic physician” means a chiropractic physician unable to practice chiropractic with reasonable skill and safety by reason of habitual or excessive use or abuse of drugs, alcohol or other substances that impair ability.

(6) “Minor surgery” means the use of electrical or other methods for the surgical repair and care incident thereto of superficial lacerations and abrasions, benign superficial lesions, and the removal of foreign bodies located in the superficial structures; and the use of antiseptics and local anesthetics in connection therewith.

SECTION 18. ORS 688.070, 688.130, 688.134, 688.170, 688.180, 688.210, 688.220 and 688.235 are repealed.

Approved by the Governor July 22, 2005

Filed in the office of Secretary of State July 25, 2005

Effective date January 1, 2006

__________