Published: 2015-07-08
Key Benefits:
This chapter may be cited as the Physical Therapy Practice Act.
(Repealed and added by Stats. 1968, Ch. 1284.)
For the purpose of this chapter, the following terms shall have the following meanings, unless otherwise specified:
(a) “Board” means the Physical Therapy Board of California.
(b) “Physical therapist” means a person who is licensed pursuant to this chapter to practice physical therapy.
(c) “Physical therapist assistant” means a person who is licensed pursuant to this chapter to assist in the provision of physical therapy under the supervision of a licensed physical therapist. “Physical therapy assistant” and “physical therapist assistant” shall be deemed identical and interchangeable terms.
(d) “Physical therapist technician” and “physical therapy aide,” as described in Section 2630.4, shall be deemed identical and interchangeable terms.
(e) “Physiotherapy” shall be synonymous with “physical therapy.”
(Repealed and added by Stats. 2013, Ch. 389, Sec. 4. Effective January 1, 2014.)
The Physical Therapy Board of California, hereafter referred to as the board, shall enforce and administer this chapter.
This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
(Amended by Stats. 2013, Ch. 389, Sec. 5. Effective January 1, 2014. Repealed as of January 1, 2018, by its own provisions.)
Protection of the public shall be the highest priority for the Physical Therapy Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
(Added by Stats. 2002, Ch. 107, Sec. 9. Effective January 1, 2003.)
The members of the board shall consist of four physical therapists, only one of whom shall be involved in physical therapy education, and three public members.
(Amended by Stats. 2013, Ch. 389, Sec. 6. Effective January 1, 2014.)
(a) The physical therapist members of the board shall be appointed from persons having all of the following qualifications:
(1) Be a resident of California.
(2) Possess a valid and unrestricted license in California issued pursuant to this chapter.
(3) Have been licensed pursuant to this chapter and practicing in California for at least five years prior to appointment to the board.
(b) (1) The public members of the board shall have both of the following qualifications:
(A) Be appointed from persons having all of the qualifications as set forth in Chapter 6 (commencing with Section 450) of Division 1.
(B) Be a resident of California.
(2) No public member of the board shall be, nor have been, any of the following:
(A) An officer or faculty member of any college, school, or institution involved in physical therapy education.
(B) A licentiate of the Medical Board of California or of any board under this division or of any board referred to in Section 1000 or 3600.
(Added by Stats. 2013, Ch. 389, Sec. 7. Effective January 1, 2014.)
The members of the board shall be appointed for a term of four years, expiring on the first day of June of each year.
The Governor shall appoint one of the public members and the four physical therapist members of the board qualified as provided in Sections 2603 and 2603.5. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member qualified as provided in Section 2603.5.
No person may serve as a member of the board for more than two consecutive terms. Vacancies shall be filled by appointment for the unexpired term. Annually, the board shall elect one of its members as president and one of its members as vice president.
The appointing power shall have the power to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct.
(Amended by Stats. 2013, Ch. 389, Sec. 8. Effective January 1, 2014.)
The board shall do all of the following:
(a) Evaluate the qualifications of applicants for licensure.
(b) Provide for the examinations of physical therapists and physical therapist assistants and establish a passing score for each examination.
(c) Issue all licenses for the practice of physical therapy in California. Except as otherwise required by the director pursuant to Section 164, the license issued by the board shall describe the licensee as a “physical therapist” or “physical therapist assistant” licensed by the Physical Therapy Board of California.
(d) Suspend and revoke licenses and otherwise enforce the provisions of this chapter.
(e) Administer a continuing competency program.
(f) Participate, as a member, in the Delegate Assembly, and in applicable committee meetings, of the Federation of State Boards of Physical Therapy.
(g) Publish, at least annually, a newsletter that includes, but is not limited to, actions taken by the board, disciplinary actions, and relevant statutory and regulatory changes.
(h) Provide for the timely orientation and training of new professional and public member appointees to the board directly related to board licensing and disciplinary functions and board rules, policies, and procedures.
(i) Adopt and administer a program of education in matters relevant to the regulation of physical therapy.
(Added by Stats. 2013, Ch. 389, Sec. 10. Effective January 1, 2014.)
Each member of the board shall receive a per diem and expenses as provided in Section 103.
(Amended by Stats. 1996, Ch. 829, Sec. 9. Effective January 1, 1997.)
The board may employ, subject to law, such clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.
The board may enter into contracts for services necessary for enforcement of this chapter and may as necessary select and contract with physical therapy consultants who are licensed physical therapists to assist it in its programs on an intermittent basis. Notwithstanding any other provision of law, the board may contract with these consultants on a sole source basis. For the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, any consultant under contract with the board shall be considered a public employee.
(Amended by Stats. 2013, Ch. 389, Sec. 11. Effective January 1, 2014.)
(a) The board may employ an executive officer exempt from the provisions of the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and may also employ investigators, legal counsel, physical therapist consultants, and other assistance as it may deem necessary to carry out this chapter. The board may fix the compensation to be paid for services and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating physical therapy practice activities.
(b) The Attorney General shall act as legal counsel for the board for any judicial and administrative proceedings and his or her services shall be a charge against it.
(c) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(Amended by Stats. 2013, Ch. 389, Sec. 12. Effective January 1, 2014. Repealed as of January 1, 2018, by its own provisions.)
The procedure in all matters and proceedings relating to the denial, suspension, revocation, or probationary restriction of licenses issued by the board under this chapter shall be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2013, Ch. 389, Sec. 13. Effective January 1, 2014.)
Each member of the board, or any licensed physical therapist appointed by the board, may inspect, or require reports from, a general or specialized hospital or any other facility providing physical therapy care, treatment or services and the physical therapy staff thereof, with respect to the physical therapy care, treatment, services, or facilities provided therein, and may inspect physical therapy patient records with respect to the care, treatment, services, or facilities. The authority to make inspections and to require reports as provided by this section shall not be delegated by a member of the board to any person other than a physical therapist and shall be subject to the restrictions against disclosure described in subdivision (u) of Section 2660.
(Amended by Stats. 2013, Ch. 389, Sec. 14. Effective January 1, 2014.)
The board shall meet at least three times each calendar year, meeting at least once each calendar year in northern California and once each calendar year in southern California. The board may convene from time to time until its business is concluded. Special meetings of the board may be held at any time and place as the board may designate. Four members of the board shall constitute a quorum for the transaction of business.
(Amended by Stats. 2013, Ch. 389, Sec. 16. Effective January 1, 2014.)
The board shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(Amended by Stats. 2013, Ch. 389, Sec. 17. Effective January 1, 2014.)
The board may appoint qualified persons to give the whole or any portion of any examination as provided in this chapter, who shall be designated as a commissioner on examination. A commissioner on examination need not be a member of the board but shall be subject to the same rules and regulations and shall be entitled to the same fee as if he or she were a member of the board.
(Amended by Stats. 1996, Ch. 829, Sec. 16. Effective January 1, 1997.)
The board shall hear all matters, including, but not limited to, any contested case or any petition for reinstatement, restoration, or modification of probation. Except as otherwise provided in this chapter, all hearings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. If a contested case is heard by the board the hearing officer who presided at the hearing shall be present during the board’s consideration of the case and, if requested, shall assist and advise the board. The board shall issue its decision pursuant to Section 11517 of the Government Code.
(Amended by Stats. 2013, Ch. 389, Sec. 18. Effective January 1, 2014.)
The board shall adopt those regulations as may be necessary to effectuate this chapter. In adopting regulations the board shall comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2013, Ch. 389, Sec. 19. Effective January 1, 2014.)
