Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 23 - PHYSICAL THERAPISTS (§§ 73-23-1 — 73-23-101) › Article 1 - GENERAL PROVISIONS (§§ 73-23-1 — 73-23-67) › Section 73-23-35 - License required; board to aid in enforcement; injunction; prescription or referral from certain licensed health care providers for physical therapy services required; exceptions

(1)
A person, corporation, association or business entity shall not use in connection with that person's or party's name or the name or activity of the business the words "physical therapy," "physical therapist," "physiotherapy," "physiotherapist," "registered physical therapist," "doctor of physical therapy," "physical therapist assistant," the letters "PT," "DPT," "LPT," "RPT," "PTA," "LPTA," and/or any other words, abbreviations, or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied unless such services are provided by or under the direction of a physical therapist or physical therapist assistant, as the case may be, with a valid and current license issued pursuant to this chapter or with the privilege to practice. It shall be unlawful to employ an unlicensed physical therapist or physical therapist assistant to provide physical therapy services.
(2)
The board shall aid the state's attorneys of the various counties in the enforcement of the provisions of this chapter and the prosecution of any violations thereof. In addition to the criminal penalties provided by this chapter, the civil remedy of injunction shall be available to restrain and enjoin violations of any provisions of this chapter without proof of actual damages sustained by any person. For purposes of this chapter, the board, in seeking an injunction, need only show that the defendant violated subsection (1) of this section to establish irreparable injury or a likelihood of a continuation of the violation.
(3)
Except as otherwise provided in this subsection (3) and in subsection (4) of this section, a physical therapist licensed under this chapter or privileged to practice shall not perform physical therapy services without a prescription or referral from a person licensed as a physician, dentist, osteopath, podiatrist, chiropractor, physician assistant or nurse practitioner. However, a physical therapist licensed under this chapter or privileged to practice may perform physical therapy services without a prescription or referral under the following circumstances:
(a)
To children with a diagnosed developmental disability pursuant to the patient's plan of care.
(b)
As part of a home health care agency pursuant to the patient's plan of care.
(c)
To a patient in a nursing home pursuant to the patient's plan of care.
(d)
Related to conditioning or to providing education or activities in a wellness setting for the purpose of injury prevention, reduction of stress or promotion of fitness.
(e)
(i)
To an individual for a previously diagnosed condition or conditions for which physical therapy services are appropriate after informing the health care provider rendering the diagnosis. The diagnosis must have been made within the previous one hundred eighty (180) days. The physical therapist shall provide the health care provider who rendered the diagnosis with a plan of care for physical therapy services within the first fifteen (15) days of physical therapy intervention.
(ii)
Nothing in this chapter shall create liability of any kind for the health care provider rendering the diagnosis under this paragraph (e) for a condition, illness or injury that manifested itself after the diagnosis, or for any alleged damages as a result of physical therapy services performed without a prescription or referral from a person licensed as a physician, dentist, osteopath, podiatrist, chiropractor, physician assistant or nurse practitioner, the diagnosis and/or prescription for physical therapy services having been rendered with reasonable care.
(4)
The provisions of subsection (3) of this section shall not apply in the following circumstances:
(a)
Without a prescription or referral, a physical therapist licensed or privileged to practice under this chapter may perform an initial evaluation or consultation of a screening nature to determine the need for physical therapy.
(b)
For the treatment of a condition within the scope of physical therapy, a physical therapist licensed or privileged to practice under this chapter may implement physical therapy treatment with or without a prescription or referral from a person licensed as a physician, dentist, osteopath, podiatrist, chiropractor, physician assistant or nurse practitioner if the physical therapist meets one (1) of the following criteria:
(i)
The physical therapist has a doctorate degree in physical therapy from an accredited institution; or
(ii)
The physical therapist has five (5) years of licensed clinical practice experience.
(c)
If the patient has not made measurable or functional improvement after thirty (30) calendar days of implementing physical therapy treatment under the authority of this subsection (4), the physical therapist shall refer the patient to an appropriate health care provider. The board shall take appropriate disciplinary action against any physical therapist who fails to refer a patient as required by this paragraph (c).
(d)
No physical therapist shall render a medical diagnosis of a disease.
(5)
Physical therapy services performed without a prescription or referral from a person licensed as a physician, dentist, osteopath, podiatrist, chiropractor, physician assistant or nurse practitioner shall not be construed to mandate coverage for physical therapy services under any health care plan, insurance policy, or workers' compensation or circumvent any requirement for preauthorization of services in accordance with any health care plan, insurance policy or workers' compensation.
(6)
Nothing in this section shall restrict the Division of Medicaid from setting rules and regulations regarding the coverage of physical therapy services and nothing in this section shall amend or change the Division of Medicaid's schedule of benefits, exclusions and/or limitations related to physical therapy services as determined by state or federal regulations and state and federal law.
Laws, 1980, ch 543, § 3; reenacted, Laws, 1988, ch. 331, § 3; Laws, 1989, ch. 528, § 2; Laws, 1990, ch. 501, § 3; Laws, 1995, ch. 400, § 1; Laws, 2002, ch. 449, § 3; Laws, 2006, ch. 510, § 1; Laws, 2008, ch. 448, § 2; Laws, 2012, ch. 370, § 2, eff. 7/1/2012.
Amended by Laws, 2024, ch. 310, SB 2072,§ 1, eff. 7/1/2024.
Amended by Laws, 2017, ch. 326, HB 309, 3, eff. 7/1/2017.