AN ACT UPDATING THE PHYSICAL THERAPY PRACTICE ACT. Enacted July 18, 2013. Effective October 1, 2013.
Summary date: Jul 23 2013 - View summary
Summary date: Jun 27 2013 - View summary
Senate committee substitute makes the following changes to the 3rd edition.
Amends GS 90-270.26, Powers of the Board, deleting proposed language in GS 90-270.26, subdivision (9), which allowed the Board to request the Department of Justice to provide criminal history record checks pursuant to GS 90-270.9A in connection with investigative matters.
Amends GS 90-270.29A, Criminal history record checks of applicants for licensure, deleting proposed language in GS 90-270.29A(a) that defined a criminal history record check. Adds proposed language to subsection (b), providing that the Board will collect any fees required by the Department of Justice and remit the fees to the Department for expenses associated with conducting the criminal history record check. Adds proposed language to subsection (c), providing that the Board can disclose information contained in the criminal history record that is relevant to a denial only if the disclosure of the information is permitted by applicable State and federal law (previously, the language permitting disclosure in accordance with applicable law was not included).
Amends the proposed title of GS 114-19.33, changing the title to Criminal history record checks of applicant for licensure as physical therapists or physical therapist assistants. Deletes proposed language which allowed the Department of Justice to provide criminal history records to the NC Board of Physical Therapy Examiners for subjects of investigation. Makes conforming changes.
Amends the enactment date, making the act effective October 1, 2013 (was, effective when the act becomes law).
Summary date: May 29 2013 - View summary
House amendment makes the following changes to the 2nd edition. Changes the statute number of proposed GS 90-270.29.1 (criminal history record checks of applicants for licensure) to GS 90-270.29A and makes a conforming change.
Summary date: May 1 2013 - View summary
House committee substitute makes the following changes to the 1st edition.
Amends GS 90-270.26 (Powers of the Board), providing that records obtained pursuant to investigations of possible violations of GS Chapter 90, Article 18B, are privileged and not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the board or its employees or consultants. Provides that decisions rendered by the board, in addition to hearing notices, statement of charges, and any material received and admitted into evidence at a board hearing, will be public records, provided that identifying information concerning services rendered to a patient who has not consented to its public disclosure can be deleted or redacted. Also establishes that the board can issue subpoenas, on signature of the board chair or executive director, to compel attendance of any witness or for the production of any documents related to the board investigations or proceedings. Also provides that upon written request, such subpoenas will be revoked if, upon a hearing, the Board finds (1) that the evidence sought does not relate to a matter in issue, (2) the subpoena does not describe with sufficient particularity the evidence sought, or (3) for any other reason in law that makes the subpoena invalid.
Amends GS 90-270.29.1 (Criminal history record checks of applicants for licensure), deleting a provision in subsection (a) requiring the board to ensure that the state and national criminal history of an applicant is checked. Defines a criminal history record check for the purposes of this section as a request for a report from the board to the NC Department of Justice for a history of conviction of a crime that bears on an applicant's fitness for licensure to practice physical therapy (previously, was defined as a report resulting from a request by the Board).
Makes technical changes throughout.
Bill H828 (2013-2014)Summary date: Apr 15 2013 - View summary
Amends GS 90-270.25 to authorize the North Carolina Board of Physical Therapy Examiners (Board) to remove one of its board members for specified reasons. Amends GS 90-270.26, which specifies the powers and duties of the Board, to provide that investigation records are not public records but that an investigation record or information from a record may become a public record if it is otherwise used in the hearing process. Grants the board new powers and duties, including the power to issue subpoenas, acquire and hold property, and establish or participate in mental health or substance abuse programs for physical therapists or physical therapist assistants.
Adds new GS 90-270.29.1 requiring all applicants for licensure as a physical therapist or physical therapy assistant to consent to a criminal history record check. Authorizes the Board to deny licensure based on information gathered in the record check. Adds new GS 114-19.33 authorizing the North Carolina Department of Justice to provide information to the Board in response to a request for a record check.
Amends GS 90-270.30, which relates to licensure of foreign-trained physical therapists, to authorize licensure of foreign-trained physical therapist assistants in some circumstances.
Amends GS 90-270.30 to add three new exceptions to the requirement that physical therapists and physical therapist assistants obtain a license: (1) those licensed or credentialed in another state or country and practicing in the state temporarily in connection with athetics or performing arts; (2) those licensed in another state who enter the state to provide therapy during a declared local, state, or national disaster or emergency; and (3) those who are licensed in another state but forced to leave that state because of a disaster or emergency. Individuals in the latter two categories must notify the Board and are allowed to practice without a license for a limited period of time.
Makes technical changes.