H. B. 2003
(By Delegates Amores and Thompson)
[Introduced Janaury 13, 1999; referred to the
Committee on Health and Human Resources then Government
Organization.]
A BILL to amend and reenact section two, article twenty, chapter
thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to physical
therapists; and providing that a physical therapist holding
a temporary permit may practice under the supervision of a
licensed physical therapist with at least the same level of
autonomy afforded a licensed physical therapy assistant.
Be it enacted by the Legislature of West Virginia:
That section two, article twenty, chapter thirty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 20. PHYSICAL THERAPISTS.
§30-20-2. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) "Applicant" means any person making application for an
original or renewal license or a temporary permit under the
provisions of this article.
(b) "Board" means the West Virginia board of physical
therapy.
(c) "Licensed physical therapist" means any physical
therapist holding a license or temporary permit issued under the
provisions of this article or under the former provisions of this
article. A physical therapist holding a temporary permit may
practice under the supervision of a licensed physical therapist
with the same level of autonomy currently afforded a licensed
physical therapy assistant.
(d) "Licensed physical therapy assistant" means any physical
therapy assistant holding a license or temporary permit issued
under the provisions of this article.
(e) "Licensee" means any person holding a license or
temporary permit issued under the provisions of this article or
under the former provisions of this article.
(f) "Physical therapy" means the therapeutic treatment of
any person by the use of massage, mechanical stimulation, heat,
cold, light, air, water, electricity, sound and exercise,
including mobilization of the joints and training in functional
activities, for the purpose of correcting or alleviating any physical or mental condition or preventing the development of any
physical or mental disability, and the performance of
neuro-muscular-skeletal tests and measurements as an aid in
diagnosis, evaluation or determination of the existence of and
the extent of any body malfunction: Provided, That
electromyography examination and electrodiagnostic studies other
than the determination of chronaxia and strength duration curves
shall may not be performed except under the supervision of a
physician electromyographer and electrodiagnostician. Physical
therapy does not include the use of radiology and radium for
diagnostic and therapeutic purposes, or the use of electricity
for surgical purposes, including cauterization.
(g) "Physical therapist" means a person who engages in the
practice of physical therapy.
(h) "Physical therapy aide" means a person, other than a
physical therapy assistant, who assists a licensed physical
therapist in the practice of physical therapy under the direct
supervision of such the licensed physical therapist and who also
performs activities supportive of but not involving assistance in
the practice of physical therapy.
(1) As contained in this section, the term "direct
supervision" shall mean means the actual physical presence of the
physical therapist.
(2) "Supervision" means authoritative procedural guidance by a licensed physical therapist for the accomplishment of a
function or activity with initial direction and periodic
inspection on a regular basis by a licensed physical therapist of
the actual act of accomplishing the function or activity.
(i) "Physical therapy assistant" means a person who assists
in the practice of physical therapy by performing patient-related
activities delegated to him or her by a licensed physical
therapist and performed under the direct supervision of such the
licensed physical therapist and which are commensurate with his
education and training, including physical therapy procedures,
but not the interpretation of referrals, performance of
evaluation procedures or determination and modification of
patient programs.
(j) "Practice of physical therapy" means the rendering or
offering to render for a fee, salary or other compensation,
monetary or otherwise, any service involving physical therapy.
However, for the purpose of section three of this article, the
term "practice of physical therapy" shall may not include:
(1) Teaching physical therapy as part of employment at an
institution of higher learning; or
(2) The activities of a student of physical therapy,
physical therapy extern or physical therapy intern, which
activities are a part of and are engaged in pursuant to a course
of study at an institution of higher learning, including, but not limited to, activities conducted at the institution of higher
learning and activities conducted outside the institution if
under the direct supervision of a licensed physical therapist; or
(3) The activities of a physical therapy aide if all
activities of such the physical therapy aide involving assistance
in the practice of physical therapy are performed under the
direct supervision of a licensed physical therapist; or
(4) The administration of simple massages and the operation
of health clubs so long as not intended to constitute or
represent the practice of physical therapy.
NOTE: The purpose of this bill is to permit a physical
therapist holding a temporary permit to practice under the
supervision of a licensed physical therapist with at least the
same level of autonomy afforded a licensed physical therapy
assistant. It also defines "supervision."
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.