An Act to revise licensure and supervision requirements for physical therapists and physical therapist assistants.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 36-10-27 be AMENDED:

36-10-27. A person seeking licensure to practice physical therapy in this state shall:

(1) File a written an application with the State Board of Physical Therapy;

(2) Submit an application fee in an amount established by the board, in rule pursuant to chapter 1-26, but not exceeding three hundred dollars;

(3) Present evidence satisfactory to the board that the applicant is of good moral, ethical, and professional character; and

(4) Present evidence satisfactory to the board that the applicant has graduated from a physical therapy program accredited by an accrediting body recognized by the United States Department of Education or by the Commission on Recognition of Postsecondary Accreditation, or present evidence satisfactory to the board that:

(a) The applicant completed a course of professional instruction equivalent to an approved a program accredited by an accrediting body recognized by the United States Department of Education or the Commission on Recognition of Postsecondary Accreditation; and

(b) The applicant has scored at least five hundred fifty on the TOEFL, obtained a passing score on a comparative nationally recognized passed an English proficiency examination approved by the board, or completed two years of secondary or postsecondary education in any educational institution in which the instruction is conducted in English; and

(5) Pass a national examination recognized by the board, with a grade acceptable to the board.

Section 2. That § 36-10-29 be AMENDED:

36-10-29. The State Board of Physical Therapy shall issue a license to each applicant who:

(1) Has passed a national examination, recognized by the board, with a grade acceptable to the board; and

(2) Meets meets the requirements for licensure under this chapter and rules promulgated by the board.

Section 3. That § 36-10-35.1 be AMENDED:

36-10-35.1. A person seeking licensure as a physical therapist assistant shall:

(1) Apply to File an application with the State Board of Physical Therapy;

(2) Submit an application fee in an amount established by the board, in rule pursuant to chapter 1-26, but not exceeding three hundred dollars; and

(3) Present evidence satisfactory to the board that the applicant is of good moral, ethical, and professional character;

(4) Present evidence satisfactory to the board of:

(a) Graduation that the applicant has graduated from an accredited a physical therapist assistant's assistant education program accredited by an accredited body recognized by the board; and United States Department of Education or by the Commission on Recognition of Postsecondary Accreditation, or present evidence satisfactory to the board that:

(a) The applicant completed a course of professional instruction equivalent to a program accredited by an accrediting body recognized by the United States Department of Education or the Commission on Recognition of Postsecondary Education; and

(b) Passage of a written examination, The applicant has passed an English proficiency examination approved by the board, which tests the applicant's knowledge on subjects relating to physical therapy or completed two years of secondary or postsecondary education in any educational institution in which the instruction is conducted in English; and

(5) Pass a national examination recognized by the board, with a grade acceptable to the board.

Section 4. That § 36-10-35.8 be AMENDED:

36-10-35.8. A physical therapist may not, at any one time, supervise more than the equivalent of two full-time physical therapist assistants. The supervising physical therapist shall register, with the State Board of Physical Therapy, the name and address of each physical therapist assistant whom the physical therapist is supervising. The registration must be on a form provided by the board, and submitted at least fifteen days prior to the date on which supervision is to commence.

The supervising physical therapist shall, within ten days of termination, provide written notification to the board, if the supervision of a physical therapist assistant is terminated. The supervising physical therapist may delegate responsibility for the supervision of a physical therapist assistant to another physical therapist, for a period not exceeding thirty days.

Section 5. That § 36-10-35.9 be AMENDED:

36-10-35.9. When supervising a physical therapist assistant's care of a patient at in any setting, the supervising physical therapist shall comply with the following standards of supervision:

(1) The supervising physical therapist shall be accessible either in person or by telecommunications to the physical therapist assistant at all times while the physical therapist assistant is treating patients;

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

(3) At least every five physical therapist assistant visits, there shall be a joint visit or a treatment rendered by the supervising physical therapist. The physical therapist assistant shall be supervised by the supervising physical therapist at least once every thirty calendar days. Every five physical therapist assistant visits or every thirty days, whichever occurs first, a documented conference with the physical therapist assistant outlining current treatment goals and program modifications shall occur. The supervising physical therapist shall make the final scheduled visit to terminate the plan of care; and

(4) Each visit by the supervising physical therapist shall include:

(a) A complete assessment of the patient;

(b) A review of the plan of care with appropriate revision or termination; and

(c) Assessment and recommendation for utilization of outside resourcesBefore assigning the physical therapist assistant to the patient for physical therapy procedures and related tasks, the supervising physical therapist must perform a comprehensive assessment of the patient and establish a plan of care;

(2) The supervising physical therapist must be present at least one of every ten patient visits or one patient visit every thirty calendar days, whichever occurs sooner, while the physical therapist assistant is performing physical therapy procedures and related tasks. The supervising physical therapist may be present through the use of interactive audio and visual communications technology. During each visit at which the supervising physical therapist is required to be present, the supervising physical therapist shall reassess the patient, review the plan of care, and if appropriate, make changes to or terminate the plan of care; and

(3) During any other patient visit at which the supervising physical therapist is not required to be present, the supervising physical therapist must be immediately available for consultation and direction, either in person or by telecommunications technology, while the physical therapist assistant is performing physical therapy procedures and related tasks.