1     
PHYSICAL THERAPIST PRACTICE ACT AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Physical Therapy Practice Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     permits an individual in the final term of a program of study in physical therapy to
13     take a licensing exam before graduation.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          58-24b-302, as last amended by Laws of Utah 2018, Chapter 318
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 58-24b-302 is amended to read:
24          58-24b-302. Licensure.
25          (1) An applicant for a license as a physical therapist shall:
26          (a) be of good moral character;
27          (b) complete the application process, including payment of fees;
28          (c) submit proof of graduation from a professional physical therapist education
29     program that is accredited by a recognized accreditation agency;

30          (d) [after complying with Subsection (1)(c),] pass a licensing examination[;]:
31          (i) after complying with Subsection (1)(c); or
32          (ii) if the applicant is in the final term of a professional physical therapist education
33     program that is accredited by a recognized accreditation agency;
34          (e) be able to read, write, speak, understand, and be understood in the English language
35     and demonstrate proficiency to the satisfaction of the board if requested by the board;
36          (f) if the applicant is applying to participate in the Physical Therapy Licensure
37     Compact under Chapter 24c, Physical Therapy Licensure Compact, consent to a criminal
38     background check in accordance with Section 58-24b-302.1 and any requirements established
39     by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
40     and
41          (g) meet any other requirements established by the division, by rule made in
42     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
43          (2) An applicant for a license as a physical therapist assistant shall:
44          (a) be of good moral character;
45          (b) complete the application process, including payment of fees set by the division, in
46     accordance with Section 63J-1-504, to recover the costs of administering the licensing
47     requirements relating to physical therapist assistants;
48          (c) submit proof of graduation from a physical therapist assistant education program
49     that is accredited by a recognized accreditation agency;
50          (d) [after complying with Subsection (2)(c),] pass a licensing examination approved by
51     division rule made in collaboration with the board and in accordance with Title 63G, Chapter
52     3, Utah Administrative Rulemaking Act[;]:
53          (i) after the applicant complies with Subsection (2)(c); or
54          (ii) if the applicant is in the final term of a physical therapist assistant education
55     program that is accredited by a recognized accreditation agency;
56          (e) be able to read, write, speak, understand, and be understood in the English language
57     and demonstrate proficiency to the satisfaction of the board if requested by the board;

58          (f) submit to, and pass, a criminal background check, in accordance with Section
59     58-24b-302.1 and standards established by rule made in accordance with Title 63G, Chapter 3,
60     Utah Administrative Rulemaking Act; and
61          (g) meet any other requirements established by the division, by rule made in
62     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
63          (3) An applicant for a license as a physical therapist who is educated outside of the
64     United States shall:
65          (a) be of good moral character;
66          (b) complete the application process, including payment of fees;
67          (c) (i) provide satisfactory evidence that the applicant graduated from a professional
68     physical therapist education program that is accredited by a recognized accreditation agency; or
69          (ii) (A) provide satisfactory evidence that the applicant graduated from a physical
70     therapist education program that prepares the applicant to engage in the practice of physical
71     therapy, without restriction;
72          (B) provide satisfactory evidence that the education program described in Subsection
73     (3)(c)(ii)(A) is recognized by the government entity responsible for recognizing a physical
74     therapist education program in the country where the program is located; and
75          (C) pass a credential evaluation to ensure that the applicant has satisfied uniform
76     educational requirements;
77          (d) after complying with Subsection (3)(c), pass a licensing examination;
78          (e) be able to read, write, speak, understand, and be understood in the English language
79     and demonstrate proficiency to the satisfaction of the board if requested by the board;
80          (f) if the applicant is applying to participate in the Physical Therapy Licensure
81     Compact under Chapter 24c, Physical Therapy Licensure Compact, consent to a criminal
82     background check in accordance with Section 58-24b-302.1 and any requirements established
83     by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
84     and
85          (g) meet any other requirements established by the division, by rule made in

86     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
87          (4) The division shall issue a license to a person who holds a current unrestricted
88     license to practice physical therapy in a state, district, or territory of the United States of
89     America, other than Utah, if the person:
90          (a) is of good moral character;
91          (b) completes the application process, including payment of fees;
92          (c) is able to read, write, speak, understand, and be understood in the English language
93     and demonstrate proficiency to the satisfaction of the board if requested by the board;
94          (d) if the applicant is applying to participate in the Physical Therapy Licensure
95     Compact under Chapter 24c, Physical Therapy Licensure Compact, consents to a criminal
96     background check in accordance with Section 58-24b-302.1 and any requirements established
97     by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
98     and
99          (e) meets any other requirements established by the division, by rule made in
100     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
101          (5) (a) Notwithstanding Subsection 58-1-307(1)(c), an individual may not engage in an
102     internship in physical therapy, unless the person is:
103          (i) certified by the division; or
104          (ii) exempt from licensure under Section 58-24b-304.
105          (b) The provisions of Subsection (5)(a) apply, regardless of whether the individual is
106     participating in the supervised clinical training program for the purpose of becoming a physical
107     therapist or a physical therapist assistant.