An Act to Amend the Physical Therapist Practice Laws
Maine Legislature, Session 131, LD 1453
Committee: Health Coverage, Insurance and Financial Services
Sponsors: BRENNER, MATHIESON, BAILEY, HICKMAN, ARFORD, CAMPBELL, FAY, GATTINE, MASTRACCIO, MEYER
Amends: 32 MRSA §3111, 32 MRSA §3113-A, 32 MRSA §3113-B, 32 MRSA §3116, 32 MRSA §3116-B, 32 MRSA §3121

Legislative Document
No. 1453
S.P. 571
In Senate, March 30, 2023
An Act to Amend the Physical Therapist Practice Laws
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRENNER of Cumberland.
Cosponsored by Representative MATHIESON of Kittery and
Senators: BAILEY of York, HICKMAN of Kennebec, Representatives: ARFORD of 
Brunswick, CAMPBELL of Orrington, FAY of Raymond, GATTINE of Westbrook, 
MASTRACCIO of Sanford, MEYER of Eliot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §3111, sub-§3, as enacted by PL 1979, c. 555, §2, is amended to 
read:
3.  Physical therapist.  "Physical therapist" means a person who practices is licensed 
pursuant to this chapter to practice physical therapy.
Sec. 2.  32 MRSA §3111, sub-§4, as enacted by PL 1979, c. 555, §2, is amended to 
read:
4.  Physical therapist assistant.  "Physical therapist assistant" means a person who is 
licensed pursuant to this chapter and who assists a physical therapist in specific components 
of treatment, prevention and educational interventions within the practice of physical 
therapy.
Sec. 3.  32 MRSA §3111, sub-§5, as amended by PL 2007, c. 402, Pt. N, §1, is 
further amended to read:
5.  Physical therapy or physiotherapy.  "Physical therapy" is or "physiotherapy" 
means the practice provision of services in the scope of which practice that is set forth in 
section 3111‑A.
Sec. 4.  32 MRSA §3111, sub-§6, as enacted by PL 1979, c. 555, §2, is amended to 
read:
6.  Practice of physical therapy.  "Practice of physical therapy" means the rendering 
of or offering to render any service involving physical therapy for a fee, salary or other 
compensation, monetary or otherwise, paid directly or indirectly to detect, assess, prevent, 
correct, alleviate or limit physical disability, bodily malfunction and pain from injury, 
disease or any other bodily condition.
Sec. 5.  32 MRSA §3111, sub-§7, as amended by PL 1983, c. 468, §9, is further 
amended to read:
7.  Referral.  "Referral" means the request of a an advanced practice registered nurse, 
certified nurse midwife, physician assistant, naturopathic doctor or doctor of medicine, 
surgery, osteopathy, podiatry or dentistry or any other health care provider acting within 
the scope of that health care provider's license to a physical therapist to accept one of his 
that health care provider's patients for treatment.
Sec. 6.  32 MRSA §3113-A, as amended by PL 1991, c. 885, Pt. E, §41 and affected 
by §47, is further amended to read:
§3113-A.  License required; limitations and exceptions
A person may not practice or profess to be authorized to practice physical therapy or 
physiotherapy as a physical therapist in this State or use the words "physical therapist" or 
"physiotherapist" or the letters "P.T." or other words or letters to indicate that the person 
using those words or letters is a licensed physical therapist unless that person is licensed in 
accordance with the provisions of this chapter.
After one year from the effective date of this chapter, a A person may not act or profess 
to be able to act as a physical therapist assistant or physiotherapist assistant in this State or 
use the words "physical therapist assistant" or the letters "P.T.A." or other words or letters 
to indicate that the person using those words or letters is a licensed physical therapist 
assistant unless that person is licensed in accordance with the provisions of this chapter.
Nothing in this chapter may be construed as authorizing a physical therapist or physical 
therapist assistant, licensed or not licensed, to practice medicine, osteopathy, dentistry, 
chiropractic or any other form of healing, except that physical therapists may utilize 
manipulative techniques if practiced within the scope of their profession.  Physical 
therapists may not apply manipulative thrust to the vertebrae of the spine except upon 
consultation with, and referral by, a duly licensed doctor of medicine, surgery, chiropractic 
or osteopathy.  A licensed physical therapist or physical therapist assistant may not 
administer drugs except upon the referral of a duly licensed doctor of medicine, surgery, 
osteopathy, podiatry or dentistry, and or other licensed health care provider who has 
authority to prescribe drugs.  A licensed physical therapist may not use roentgen rays or 
radium or use electricity for surgical purposes.  A licensed physical therapist assistant may 
act only under the direction of a physical therapist licensed to practice in this State.
When treating a patient without referral from a an advanced practice registered nurse, 
certified nurse midwife, physician assistant, naturopathic doctor or doctor of medicine, 
osteopathy, podiatry, dentistry or chiropractic, the physical therapist or physical therapist 
assistant is subject to the following requirements.
1.  No medical diagnosis.  A physical therapist or physical therapist assistant may not 
make a medical diagnosis.  The physical therapist or physical therapist assistant shall refer 
to a licensed doctor of medicine, osteopathy, podiatry, dentistry or chiropractic a patient 
whose physical condition, either at the initial evaluation or during subsequent treatment, 
the physical therapist or physical therapist assistant determines to be beyond the scope of 
the practice of the physical therapist or physical therapist assistant.
2.  No improvement.  If no improvement in the patient is documented by the physical 
therapist or physical therapist assistant within 30 days of initiation of treatment, the 
physical therapist or physical therapist assistant shall refer the patient to a licensed doctor 
of medicine, osteopathy, podiatry, dentistry or chiropractic.
3.  Length of treatment.  For treatment required beyond 120 days, the physical 
therapist or physical therapist assistant shall consult with, or refer the patient to, a licensed 
doctor of medicine, surgery, osteopathy, podiatry, dentistry or chiropractic.  The physical 
therapist or physical therapist assistant shall document the action taken.
4.  Requirement to refer.  A physical therapist or physical therapist assistant shall 
refer to an advanced practice registered nurse, certified nurse midwife, physician assistant, 
naturopathic doctor or licensed doctor of medicine, osteopathy, podiatry, dentistry or 
chiropractic or other appropriate health care provider a patient whose physical condition 
the physical therapist or physical therapist assistant determines, either at the initial 
evaluation or during subsequent treatment, to be beyond the scope of the practice of the 
physical therapist or physical therapist assistant. 
An employer is not liable under Title 39‑A, section 206 for charges for services of a 
physical therapist or physical therapist assistant unless the employee has been referred to 
that practitioner by a licensed doctor of medicine, surgery, osteopathy, chiropractic, 
podiatry or dentistry.
Sec. 7.  32 MRSA §3113-B, sub-§3, as enacted by PL 1991, c. 178, §3, is amended 
to read:
3.  Persons employed by licensed doctors.  Any person employed by and under the 
control of a duly licensed doctor in that doctor's office from administering physical therapy 
modalities, providing as long as that person does not profess to be a physical therapist or, 
physiotherapist, physical therapist assistant or physiotherapist assistant or use words or 
letters to indicate that the person is a licensed physical therapist or physical therapist 
assistant;
Sec. 8.  32 MRSA §3116, as amended by PL 2007, c. 402, Pt. N, §8, is further 
amended to read:
§3116.  License renewal
All licenses must be renewed biennially on or before March 31st of each even-
numbered year or at such other times as the Commissioner of Professional and Financial 
Regulation may designate upon application by the licensee accompanied by the renewal 
fee as set under section 3116‑A.  Any license not renewed by March 31st the date set by 
the commissioner automatically expires. The board may renew an expired license if the 
renewal notice is returned within 90 days of the expiration date and upon payment of a late 
fee in addition to the renewal fee as set under section 3116‑A.  A person who submits an 
application for renewal more than 90 days after the license expiration date is subject to all 
requirements governing new applicants under this chapter, except that the board may in its 
discretion, giving due consideration to the protection of the public, waive examination if 
the renewal application is made within 2 years from the date of that expiration.
Sec. 9.  32 MRSA §3116-B is enacted to read:
§3116-B.  Continuing education requirements for license renewal
The board shall establish by rule continuing education requirements as a condition of 
renewal of a license as authorized under Title 10, section 8003, subsection 5-A, paragraph 
D. 
Sec. 10.  32 MRSA §3121 is enacted to read:
§3121.  Criminal history record information; fees
1.  Background check.  The board shall request a background check for each person 
who submits an application for initial licensure or licensure by endorsement under this 
chapter. The background check must include criminal history record information obtained 
from the Maine Criminal Justice Information System and the Federal Bureau of 
Investigation. The following provisions apply. 
A. The criminal history record information obtained from the Maine Criminal Justice 
Information System must include a record of public criminal history record information 
as defined in Title 16, section 703, subsection 8.
B. The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record information.
C. An applicant shall submit to having fingerprints taken. The State Police, upon 
payment of a fee established by the board by rule by the applicant, shall take or cause 
to be taken the applicant's fingerprints and shall forward the fingerprints to the State 
Bureau of Identification so that the bureau can conduct state and national criminal 
history record checks. Except for the portion of the payment, if any, that constitutes the 
processing fee charged by the Federal Bureau of Investigation, all money received by 
the State Police for purposes of this paragraph must be paid over to the Treasurer of 
State. The money must be applied to the expenses of administration incurred by the 
Department of Public Safety.
D. The subject of a Federal Bureau of Investigation criminal history record check may 
obtain a copy of the criminal history record check by following the procedures outlined 
in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state 
criminal history record check may inspect and review the criminal history record 
information pursuant to Title 16, section 709.
E. State and federal criminal history record information may be used by the board for 
the purpose of screening each applicant. A board action against an applicant under this 
subsection is subject to the provisions of Title 5, chapter 341.
F. Information obtained pursuant to this subsection is confidential. The results of 
background checks received by the board are for official use only and may not be 
disseminated to any other person or entity.
G. An applicant whose license has expired and who has not applied for renewal may 
request in writing that the State Bureau of Identification remove the applicant's 
fingerprints from the bureau's fingerprint file. In response to a written request, the 
bureau shall remove the applicant's fingerprints from the fingerprint file and provide 
written confirmation of that removal.
2.  Rules.  The board, following consultation with the State Bureau of Identification, 
shall adopt rules to implement this section. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
SUMMARY
This bill amends the laws governing the practice of physical therapy as follows. 
1.  It includes the term "physiotherapy" in the definition of "physical therapy" and 
clarifies the definitions of "physical therapist," "physical therapist assistant," "practice of 
physical therapy" and "referral."
2.  It amends the provisions of law governing physical therapy licensure to delineate 
authorized practices and limitations and referral requirements.  
3.  It authorizes the Commissioner of Professional and Financial Regulation to 
determine the date of license renewal and requires the Board of Examiners in Physical 
Therapy to establish continuing education requirements as a condition of license renewal.
4.  It requires the board to request a background check, including criminal history 
record information and fingerprints, for all persons who submit an application for initial 
licensure or licensure by endorsement.