An Act to Amend the J Physical Therapist Practice Laws
Maine Legislature, Session 131, LD 1453
Committee Amendment CA_A_S371 (Senate)
Amends: 32 MRSA §3113-A

COMMITTEE AMENDMENT "A "to SP 571, L D 1453, "An Act to Amend the 
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Physical Therapist Practice Laws" 
Amend the bill by strik111g out all of section 6 and 111se11111g the follow111g 
'Sec. 6. 32 MRSA §3113-A, as amended by PL 1991, c 885, Pt E, §41 and affected 
by §4 7, 1s further amended to read 
§3113-A. License reqmred, hm1tations and exceptions 
A person may not practice or profess to be authorized to practice physical therapy 01 
physiotherapy as a physical therapist 111 this State or use the words "physical therapist" or 
"physiotherapist" 01 the letters "P T " or other words 01 lette1 s to 111dicate that the person 
us111g those words or letters is a licensed physical therapist unless that person is licensed m 
accordance with the provisions of this chapter 
After oH:e year from the effeetlv=e date ofth1s ehapte1, a A peison may not act or piofess 
to be able to act as a physical therapist assistant or phys10therapist assistant 111 this State or 
use the words "physical therapist assistant" or the letters "P T A " or other words or letters 
to md1cate that the person us111g those words or letters 1s a licensed physical therapist 
assistant unless that person is licensed m accordance with the provisions of this chapter 
Noth111g 111 this chapter may be construed as authonz111g a physical therapist or physical 
therapist assistant, licensed or not hcensed, to practice med1c111e, osteopathy, dentistry, 
chrropractlc or any other form of healmg, except that physical therapists may utilize 
mampulat1ve techmques 1f practiced with111 the scope of their profess10n 
Physwal 
therapists may H:ot apply mampulatP1e thnist to the vertebrae of the sp1H:e e~rnept upofl 
eoH:sultat10fl with, af.l:d referral by, a duly heeH:sed doetor ofmedJ:01H:e, smgery, ehiropraetle 
or osteopathy 
A licensed physical therapist or physical therapist assistant may not 
adm1111ster drugs except upon the referral of a duly licensed doctor of medic111e, surgery, 
osteopathy, podiatry or dentistry,--afld- or other licensed health care prov1de1 who has 
authority to prescribe drugs A licensed physical therapist may not use roentgen rays or 
radmm or use electnc1ty for surgical purposes A licensed physical therapist assistant may 
act only under the dtrect1on of a physical therapist licensed to practice m this State 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"A "to SP 571,LD 1453 
When treatmg a patient without referral from a an advanced practice registered nurse, 
certified nurse m1dw1fe, physician assistant, naturopath1c doctor or doctor of medicme, 
osteopathy, podiatry, dentistry or chiropractic, the physical therapist or physical therapist 
assistant 1s subJect to the followmg requrrements 
1. No medical d1agnos1s. A physical theiap1st 01 physical theiap1st assistant may not 
make a medical d1agnos1s The physical therapist or physical therapist assistant shall refer 
to an advanced practice registered nurse, certified nurse midwife, physician assistant, 
naturopath1c doct01 01 a licensed doctor of med1cme, osteopathy, podiatry, dentistry 01 
chrropractlc a patient whose physical condit10n, either at the mitial evaluation or durmg 
subsequent treatment, the physical therapist or physical therapist assistant determmes to be 
beyond the scope of the practice of the physical therapist or physical therapist assistant 
2. No improvement. Ifno improvement m the patient 1s documented by the physical 
therapist or physical therapist assistant w1thm 30 days of 1mt1atlon of treatment and the 
condition the physical therapist or physical therapist assistant 1s treatmg has not been 
medically diagnosed m the last 90 days, the physical therapist or physical therapist assistant 
shall consult with or refer the patient to an advanced practice registered nurse, certified 
nurse midwife, physician assistant, naturopathic doctor or a licensed doctor of medicme, 
osteopathy, podiatry, dentistry or chrropract1c 
3. Length of treatment. For treatment reqmred beyond 120 days for a condit10n that 
has not been medically diagnosed, the physical therapist or physical therapist assistant shall 
consult with, or refei the patient to, an advanced practice 1eg1stered nmse, certified nurse 
midwife, physician assistant, naturopath1c doctor or a licensed doctor ofmed1cme, surgery, 
osteopathy, podiatry, dentistry or chiropractic The physical therapist or physical therapist 
assistant shall document the act10n taken 
4. Exception. The reqmrements to refer a patient m subsect10ns 2 and 3 do not apply 
to 
A Services provided for purposes of health promotion, mmry prevent10n, wellness, 
fitness, athletic performance or mamtenance therapy, 
B Patients diagnosed withm the previous 9 months with a chiomc neuromuscular or 
developmental condition when the services are bemg provided for p10blems or 
symptoms associated with that previously diagnosed condit10n, or 
C Services provided pursuant to an md1v1duahzed education plan or mdiv1dual fanuly 
service plan under federal law 
Aft In accordance with this sect10n and except as provided m subsection 4, an employer 
1s not liable under Title 39-A, sect10n 206 for charges for services of a physical therapist 
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or physical therapist assistant unless the employee has been refeiTed to that practitioner by 
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an advanced practice registered nurse, certified nurse midwife, physician assistant, 
naturopath1c doctor or a licensed doctor of med1cme, surgery, osteopathy, ch1ropractlc, 
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podiatry or dentistry ' 
Amend the bill m section 10 m §3121 m subsect10n 1 m the 4th line (page 3, line 33 m 
L D) by msertmg after the followmg "and" the followmg ', once approved and authorized 
by the federal Department of Justice, from' 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" /Jr" to SP 571, L D 1453 
SUMMARY 
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This amendment makes changes to the conditions under which a physical therapist 
must refer a patient to an advanced practice registered nurse, certified nurse m1dw1fe, 
physician assistant, naturopathic doctor or a hcensed doctor of medicme, osteopathy, 
podiatry, dentistry or chiropractic 
The amendment also provides that the authority to request cnmmal history record 
mformat10n for an apphcant for a license as a physical therapist or physical thei ap1st 
assistant from the Federal Bureau of Investigat10n is contmgent on approval and 
authorization from the federal Department of Justice 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved 06/02/23 .:$Pae 
LD 1453 
LR 417(02) 
An Act to Amend the Physical Therapist Practice Laws 
Fiscal Note for BIil as Amended by Committee Amendment ''A' ls ~-;j\ 
Committee: Health Coverage, Insurance and Fmancial Services 
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Fiscal Note Reqmred: Yes 
Fiscal Note 
Mmor cost mcrease - General Fund 
Mmor cost mcrease - Highway Fund 
Mmor cost mcrease - Other Special Revenue Funds 
Mmor revenue met ease - Other Speial Revenue Funds 
Add1t10nal costs to the Department of P1ofess10nal and Fmancial Regulat10n, Board of Exammers m Physical Therapy 
to implement the reqmrements of this legislat10n can be absorbed withm existmg budgeted resources 
Add1t10nal costs to the Department of Pub he Safety associated with perfonmng background checks on apphcants for 
hcensure as a physical therapist or physical therapist assistant can be absorbed w1thm ex1stmg budgeted resources 
Other Special Revenue Funds may mcrease from addit10nal backgiound check fees No change to the budget is 
reqmred 
LR0417(02) - Fiscal Note - Page 1 of 1