Senate Bill No. 655
(By Senator Hunter)
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[Introduced February 18, 2002; referred to the Committee
on Education; and then to the Committee on Health and Human
Resources


.]










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A BILL to amend article twenty, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section sixteen,
relating to physical therapists; specifying certain
supervision requirements of physical therapists over physical
therapist assistants; codifying portion of administrative rule
relating to supervision requirements; and making the
requirements that are currently applicable in home health and
school system settings also applicable in rural hospitals.
Be it enacted by the Legislature of West Virginia:
That article twenty, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
sixteen, to read as follows:
ARTICLE 20. PHYSICAL THERAPISTS.
§30-20-16. Supervision requirements of physical therapist over
physical therapist assistant.

(a) Notwithstanding any provision of this article or rules
promulgated under this article, supervision requirements of
physical therapist over a physical therapist assistant depend upon
the practice setting in which the care is delivered, as specified
in this section.

(b) Except as otherwise provided in subsection (c) of this
section, when care is delivered in a hospital or other acute-care
center, free-standing or independent practice setting, a physical
therapist must be on premises at all times.

(c) When care is delivered in a skilled/unskilled nursing
facility, distinct part skilled/unskilled nursing unit in an
acute-care hospital, home health, rural hospital or school system
setting, the following requirements shall be observed and
documented in the patient records:

(1) A physical therapist shall be accessible by
telecommunications to the physical therapist assistant at all times
that the physical therapist assistant is treating patients; and
available to make a site visit jointly with the physical therapist
assistant within twenty-four hours as prudent practice indicates;

(2) An initial visit must be made by a physical therapist for
evaluation of the patient and establishment of a plan of care;

(3) A joint visit by the physical therapist and the physical
therapist assistant shall be made on the physical therapist
assistant's first visit to the patient;

(4) At least once every ten physical therapist assistant
visits, or within twenty-one calendar days, whichever occurs first,
there must be a joint on-site visit by the licensed physical
therapist assistant and the licensed physical therapist. In the
event that the supervising physical therapist changes, then that
physical therapist shall evaluate the patient with the physical
therapist assistant before the next physical therapist assistant
visit is made;

(5) The physical therapist shall make the final visit to
terminate the plan of care; and

(6) No more than two persons, physical therapist assistants,
foreign-educated physical therapists, or other assistive personnel,
or any combination, may be supervised by a physical therapist at
any one time.

















NOTE: The purpose of this bill is to
make the supervision
requirements that physical therapists have over physical therapist
assistants in home health or school system settings applicable in
rural hospitals.

This section is new; therefore, strike-throughs and
underscoring have been omitted.