Legislative Update Feb. 2024

Direct Access

HB 1491 is a bill that was introduced by Representative Pat Gallagher and a group of initial co-sponsors. The objective is to modernize Direct Access for Physical Therapists in Pennsylvania.  SB 1042 was also recently introduced by Senator Rosemary Brown which will run concurrently. These legislative actions propose amending the Pennsylvania Physical Therapy Act (Act 38 of 2008) allowing increased access to Physical Therapy. HB 1491 was referred to the PA House Licensure Committee and SB 1042 was referred to the Senate Consumer Protection and Professional Licensure Committee. This modernization of the Pennsylvania Physical Therapist Practice Act would accomplish the following:

  • Increase the time period a physical therapist is able to manage an individual without a referral from the current 30 days to 60 days from the first date of treatment.
  • Remove the current two year requirement of clinical practice before applying for a certificate of authorization to practice by direct access
  • Remove the requirement for the certificate of authorization

APTA Pennsylvania is asking members to do the following:

  • Review the information included on this page including the talking points
  • If Senator Rosemary Brown or Representative Pat Gallagher  or one of the legislators below who are co-sponsors, please reach out to thank them for their support!
    • Senators – Brown, Culver, Hutchison, Costa, Schwank, Argall
    • Representatives – Gallagher, Rabb, Guenst, Sanchez, Khan, Hill-Evans, Borcenski, Honenstein, Cerrato, Cirest, Kazeem, Green
  • If one of the members of the Senate Consumer Protection and Professional Licensure committee is your Senator, and is not already a co-sponsor, please contact them to request their co-sponsorship and support to refer SB 1042 to the whole Senate. The members of the Senate Consumer Protection and Professional Licensure committee are:
    • Senators – Patrick Stefano (R majority Chair) Lisa Boscola (D minority chair) Farry, Gebhard, Ward, Pennycuick, Aument, Regan, Robinson, Collett, Dillion, Flynn, Santarsiero
    •  
  • If one of the members of the House Licensure Committee is your representative, and is not already a co-sponsor, please contact them to request their co-sponsorship and support to refer HB 1491 to the entire House. The members of the House  Professional Licensure committee are:
    • Representatives – Frank Burns (D majority Chair) Carl Metzgar (R minority Chair) Kosterowski, Guenst, Mullins, Williams, Markosek, Guzman, Munroe, Burgos, Malagari, Steele, Gallagher, Merski, Venkat, Ecker, Kuzma, Scheuren, Marcell, Lawrence, Tomlinson, Gaydos, Mako, Klunk, Mehaffle
  • Contact your State Senator and Representative’s office (preferably via phone or in person) to educate them on the value of our profession and the need for early management of movement issues.
  • Importantly, we need you to notify APTA Pennsylvania that you contacted your legislator by one of the below methods, as it helps our executive committee, legal team, and content specialist know who may need follow up
  • Contact [email protected] with the date you contacted, the response (if applicable), and any follow-up items. 

APTA Pennsylvania has a new one-page HB 1491 and SB 1042 information handout, which includes pertinent details on both direct access, as well as talking points. We have mailed copies to your District Directors or you can contact the office at [email protected] and we will mail out copies upon request.

 Direct Access Talking Points:

  • A recent systematic review of the literature revealed direct access to physical therapy is more cost-effective, resulting in fewer visits than physician-first access in the United States, with greater functional improvement.
  • Professional liability insurers and the Federation of State Boards of Physical Therapy affirm that direct access does not jeopardize the health, safety, or welfare of the patient/clients.
  • Health Providers Service Organization (HPSO), the leading carrier of professional liability insurance for physical therapists in the US, states,
    • "Direct access is not a risk factor that we specifically screen for in the underwriting of our program nor do we charge a premium differential for physical therapists in direct access states. We currently have no specific underwriting concerns with respect to direct access for physical therapists."
  • HB 1491 and SB 1042 would revise the time period to permit a physical therapist to treat an individual without a referral for up to 60 days from the first date of treatment.
  • HB 1491 and SB 1042 would remove the current 2 year period a newly licensed physical therapist has to wait to apply for a direct access certificate.
  • HB 1491 and SB 1042 would remove the current requirement for a certificate of authorization.

 

Athletic Trainer Increase in Scope Legislation – SB 559 SB 560

 SB 599 and SB 560 is legislation that were introduced by Senator Lisa Baker. The objective is to increase the scope of people the Athletic Trainer can treat. The National Association of Athletic Trainers recently approved completion of the Master’s degree as entry level into that profession. Physical Therapists have been doctoral educated since early 2000s. APTA PA is opposed to this increase in scope but in support of the emergency actions that are included in the bill.

  • Even considering the new educational standards set in 2020 this legislation would allow the athletic trainer to treat people they do not have the background to safely manage
  • A physical therapist’s educational standards requires a doctoral level of education
  • Physical therapists have been practicing and educating our students requiring evidence based standards for 30 years and this has recently has become the standard for the athletic trainer education
  • APTA has ten specialties and the profession is educated to manage all comorbidities
  • Physical Therapists have exposure to over 1000 hours of clinical education in multiple medical settings

APTA Pennsylvania is asking members to do the following:

  • Review the information included on this page including the talking points
  • If one of the members of the Senate Consumer Protection and Professional Licensure committee is your Senator they voted the bills out of committee. Contact them to inform them of your concerns about this expansion of scope.
    • Senators – Patrick Stefano (R majority Chair) Lisa Boscola (D minority chair) Farry, Gebhard, Ward, Pennycuick, Aument, Regan, Robinson, Collett, Dillion, Flynn, Santarsiero
  • If SB 559/560 is voted out of the Senate it would be provided a House Bill number and assigned to the House Licensure committee.  If anyone of the House Licensure Committee is your representative please consider reaching out to them to voice your concerns The members of the House  Professional Licensure committee are:
    • Representatives – Frank Burns (D majority Chair) Carl Metzgar (R minority Chair) Kosterowski, Guenst, Mullins, Williams, Markosek, Guzman, Munroe, Burgos, Malagari, Steele, Gallagher, Merski, Venkat, Ecker, Kuzma, Scheuren, Marcell, Lawrence, Tomlinson, Gaydos, Mako, Klunk, Mehaffle
  • Contact your State Senator and Representative’s office (preferably via phone or in person) to educate them on the value of our profession and our educational background as compared to the athletic trainer for managing across the continuum.
  • Importantly, we need you to notify APTA Pennsylvania that you contacted your legislator by one of the below methods, as it helps our executive committee, legal team, and content specialist know who may need follow up
  • Contact [email protected] with the date you contacted, the response (if applicable), and any follow-up items. 

APTA Pennsylvania has a new one-page SB 599 and SB 560  information handout, which includes pertinent details as well as talking points. We have mailed copies to your District Directors or you can contact the office at [email protected] and we will mail out copies upon request.

Athletic Trainer Expansion of Scope Talking Points:

Raising Awareness - The American Physical Therapy Association of Pennsylvania (APTA PA) opposes the expansion of scope that SB 599/600 supports.

  • Current definition of “Physically Active Person” "Physically active person." An individual who participates in organized, individual or team sports, athletic games or recreational sport activity.
    • Proposed amendment to the above language in SB 559/560: "Physically active person." An individual who participates in any of the following: (1) An individual or team sport. (2) An athletic competition. (3) A performing art. (4) A recreational activity. (5) A military exercise.
    • The language dramatically changes the scope of the population that can be treated, and the profession has not demonstrated associated outcomes and safety to be able to match these amendments.
    •  The current standards for athletic training programs adopted in 2020 prepares graduates to evaluate, assess, and manage physically active persons. Content related to the non-athlete population, including those with medically complex conditions, is very limited.
    • Currently, the AT curriculum does not cover how complex medical conditions impact patient care and the health of the person.
    •  The athletic training curriculum expects graduates to “explain the precautions and risk factors associated with physical activity in persons with common congenital and acquired abnormalities, disabilities, and diseases.”
    • However, a requirement for safe physical activity includes more, such as understanding, applying and synthesizing risk factors for individuals with co-morbidities The athletic training curriculum expects graduates to "explain" the theory and principles relating to expected physiological response(s) during and following therapeutic interventions.
    •  More is required for safely working with individuals who are not physically active such as "Evaluating/Monitoring" physiological responses to therapeutic interventions.
    • Even with the changes anticipated in the curriculum and recent changes in evaluative criteria for athletic training programs, athletic trainers have not demonstrated competence for safe practice for individuals who may be included within the expanded definition of a "Physically Active Person."
    •  SB559/560, which is supported by the Pennsylvania Athletic Trainers Society (PATS), appears to expand the scope of practice outside the educational standards set in 2020, enabling athletic trainers to potentially treat patients they do not have the background needed to effectively or safely manage.

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