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     Committee Note:
9          The Business and Labor Interim Committee recommended this bill.
10     General Description:
11          This bill amends the Physical Therapy Practice Act.
12     Highlighted Provisions:
13          This bill:
14          ▸     permits an individual in the final term of a program of study in physical therapy to
15     take a licensing exam before graduation.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          58-24b-302, as last amended by Laws of Utah 2018, Chapter 318
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 58-24b-302 is amended to read:
26          58-24b-302. Licensure.
27          (1) An applicant for a license as a physical therapist shall:

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

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

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