Legislation & Regulation
AB 1890 Asm. Ed Chau (Monterey Park) - Athletic Trainers Licensure
AB 1890 passed out of Assembly Business and Professions committee today with a 14-0 vote. AB 1890 was amended to "Title Protection" bill. As recently amended, AB 1890 would make it unlawful for any person to hold himself or herself out as an athletic trainer or a certified athletic trainer, or to use specified terms to imply or suggest that the person is an athletic trainer, unless:
- He or she has either graduated from a college or university after completing an accredited athletic training education program, or prior to January 1, 2004 had completed the eligibility requirements for certification by the Board of Certification, Inc. and
- He or she is currently certified by the Board of Certification, Inc.
SB 1215 (Hernandez) - Promoting Integrity in Medicine
SB 1215, introduced and sponsored by Assembly Member Ed Hernandez, did not pass out of the Senate Business and Profession Committee on April 28, 2014. The bill garnered one "yes" from the author, three "no" votes from Senators Block, Corbett and Hill, and five "abstentions" from Senators Lieu, Wyland, Berryhill, Galgiani and Padilla. This bill would remove the in-office exception from the physician self-referral prohibition in current law for advanced imaging, anatomic pathology, radiation therapy and physical therapy services to eliminate wasteful spending and protect the health of patients.
SB 1215 had opposition from numerous physician groups. Senators raised concerns about integration of care for radiology and physical therapy. A couple of questions were raised about AB 1000 having recently been passed. CPTA’s lobbyist, Carl London, was able to address this and clarify that AB 1000 was related to broad employment arrangements while SB 1215 was related to the referral relationship, and they are completely different issues. Most of the discussion and concern from the legislators at the hearing was in regards to radiology, not physical therapy; however, a few physical therapists testified in opposition to the bill. CPTA GAC and Board Members were in attendance on behalf of CPTA, along with staff and lobbyists. Carl London testified in support of the bill, and CPTA’s GAC Chair, Sheryl Low confirmed support on behalf of CPTA. Since this was the last hearing available for a fiscal bill, it can not be heard again this year.
CPTA continues to support the concepts outlined in the bill and will continue to strongly support this legislation should it come back again next year.
SB 198 Signed by Governor Jerry Brown
SB 198: (Price), sponsored by the Physical Therapy Board of California, updates the Physical Therapy Practice Act to model Practice Act language. The bill was unanimously (8-0) voted out of the Assembly Business Professions and Consumer Protection Committee on June 25.
CPTA Board leadership voiced support for the bill at the hearing. According to the Assembly analysis, SB 198 is “a non-controversial comprehensive overhaul of the Act. This revision has been in process since 2004 by the Physical Therapy Board, stakeholders, and the public to clarify, update, and align the Act with best practices.” SB 198 was introduced with changes to section 2620 of the Physical Therapy Practice Act that would have updated and aligned the Practice Act with best practices.
CPTA was supportive of the proposed changes; however, in the April 24 Senate analysis (page 15), the bill author made it clear that if there were “concerns with the changes to section 2620” the section would be removed because the bill was intended to be non-controversial. Section 2620 was removed in the May 6 amended version. The bill becomes law on January 1, 2014.
Clarification of PT Employment Relationships
Notice: The State of California Legislative Counsel has rendered an opinion that it is illegal for physical therapists to be employed by any professional corporation except for those owned by physical therapists and naturopaths.
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