Regulatory Trheats

Regulatory Threats

Sample Physical Therapy Practice Act Wording Against Physician Owned Physical Therapy Services

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Proposed Legislative Language (No Specific State)

Participating in physical therapy services in which the referral source has a financial interest dependent upon the revenue generated by the services. For this purpose, a referral source is the source of a referral that any third-party payer makes a condition of reimbursement for the services.

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Delaware Physical Therapy Practice Act Language

TITLE 24

Professions and Occupations

CHAPTER 26. PHYSICAL THERAPY AND ATHLETIC TRAINING

2616. Grounds for refusal, suspension or revocation of license or registration; penalties for violations of chapter.

(a) The Board, after due notice and hearing as provided in rules and regulations promulgated by the Board, may refuse to license or register any applicant or may refuse to renew the license or registration of any person or may suspend or revoke the license or registration of any licensed or registered person who:

(8) Engages directly or indirectly in the division, transferring, assigning, rebating or refunding of fees received for professional services or who profits by means of a credit or other valuable consideration such as wages, an unearned commission, discount or gratuity with any person who referred a patient, or with any relative or business associate of the referring person. Nothing in this paragraph shall be construed as prohibiting the members of any regularly and properly organized business entity recognized by Delaware law and comprised of physical therapists or athletic trainers from making any division of their total fees among themselves as they determine by contract necessary to defray their joint operating costs. This paragraph shall not apply to physical therapist or athletic trainer positions currently held by physical therapists or athletic trainers employed by licensed medical and osteopathic physicians.

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South Carolina Physical Therapy Practice Act Language

Title 40 – Professions and Occupations

CHAPTER 45.

PHYSICAL THERAPISTS

SECTION 40-45-110. Refusal to grant licenses; suspensions, revocations, or other restrictions; grounds; mental and physical exams allowed; evidentiary use of records; opportunity to demonstrate ability to practice.

(A) In addition to other grounds provided for in Section 40-1-110, the board, after notice and hearing, may restrict or refuse to grant a license to an applicant and may refuse to renew the license of a licensed person, and may suspend, revoke, or otherwise restrict the license of a licensed person who:

(1) requests, receives, participates, or engages directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services or profits by means of a credit or other valuable consideration including, but not limited to, wages, an unearned commission, discount, or gratuity with a person who referred a patient, or with a relative or business associate of the referring person;