Me. Stat. tit. 32 § 3113-A

Current through 131st (2023-2024) Legislature Chapter 684

Section 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. [2023, c. 317, §6(AMD).]

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. [2023, c. 317, §6(AMD).]

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. 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 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. [2023, c. 317, §6(AMD).]

When treating a patient without referral from 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. [2023, c. 317, §6(AMD).]

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 an advanced practice registered nurse, certified nurse midwife, physician assistant, naturopathic doctor or 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.

[2023, c. 317, §6(AMD).]

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 and the condition the physical therapist or physical therapist assistant is treating has not been medically diagnosed in 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 medicine, osteopathy, podiatry, dentistry or chiropractic.

[2023, c. 317, §6(AMD).]

3.Length of treatment. For treatment required beyond 120 days for a condition that has not been medically diagnosed, 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 medicine, surgery, osteopathy, podiatry, dentistry or chiropractic. The physical therapist or physical therapist assistant shall document the action taken.

[2023, c. 317, §6(AMD).]

4.Exception. The requirements to refer a patient in subsections 2 and 3 do not apply to:

A. Services provided for purposes of health promotion, injury prevention, wellness, fitness, athletic performance or maintenance therapy; [2023, c. 317, §6(NEW).]

B. Patients diagnosed within the previous 9 months with a chronic neuromuscular or developmental condition when the services are being provided for problems or symptoms associated with that previously diagnosed condition; or [2023, c. 317, §6(NEW).]

C. Services provided pursuant to an individualized education plan or individual family service plan under federal law. [2023, c. 317, §6(NEW).]

[2023, c. 317, §6(NEW).]

In accordance with this section and except as provided in subsection 4, 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 an advanced practice registered nurse, certified nurse midwife, physician assistant, naturopathic doctor or a licensed doctor of medicine, surgery, osteopathy, chiropractic, podiatry or dentistry. [2023, c. 317, §6(AMD).]

32 M.R.S. § 3113-A

Amended by 2023SP1, c. 317,§ 6, eff. 10/25/2023.

1991, c. 178, § 3 (NEW) . 1991, c. 885, §E41 (AMD) . 1991, c. 885, §E47 (AFF) .