HB17 By Representative Johnson (R) RFD Boards, Agencies and Commissions Rd 1 07-FEB-17

SYNOPSIS: Under existing law, the Alabama State Board of Physical Therapy is authorized to adopt rules necessary to carry into effect certain duties and powers related to the practice of physical therapy.

This bill would provide further for that authority in relation to state and federal anti-trust laws as well as establish that the Legislature recognizes that anti-competitive rules which prioritize patient safety and wellness are permissible.

A BILL TO BE ENTITLED AN ACT

To add Section 34-24-193.1 to the Code of Alabama 1975, relating to the powers and duties of the Alabama State Board of Physical Therapy; to clarify rulemaking authority of the Alabama State Board of Physical Therapy regarding state and federal anti-trust laws and to establish that anti-competitive rules which prioritize patient safety and wellness are permissible.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 34-24-193.1 is added to the Code of Alabama 1975, to read as follows:

§34-24-193.1.

(a) The Legislature finds and declares all of the following:

(1) A primary goal of the provision of health care is to prioritize patient safety and wellness.

(2) The board is in the best position to determine the practice of physical therapy that prioritizes patient safety and wellness.

(3) The power to make rules regulating the practice of physical therapy includes the power to prohibit unlicensed persons from practicing physical therapy and the power to regulate how licensed persons practice physical therapy.

(4) It is the intent of the Legislature in enacting this section to immunize the Board of Physical Therapy and its members from liability under state and federal anti-trust laws for the adoption of a rule that prioritizes patient safety and wellness but may be anti-competitive when the effect on public safety and wellness is clearly demonstrated and documented by the Board of Physical Therapy.

(b) Subject to subsection (c), a rule adopted by the board may define and regulate the practice of physical therapy in a way that prioritizes patient safety and wellness, even if the rule is anti-competitive when the effect on public safety and wellness is clearly demonstrated and documented by the Board of Physical Therapy.

(c) A rule adopted by the board may supplement or clarify any statutory definition but may not conflict with any statute that defines the practice of physical therapy.

Section 2. Nothing in this act shall be construed to constrict or expand the current rights and privileges of any individual governed by the Board of Physical Therapy beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct 1101(2015).

Section 3. Nothing in this act shall be construed to constrict or expand the current duties or responsibilities of the members of the Board of Physical Therapy in any context outside of federal or state anti-trust immunity beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct 1101(2015).

Section 4. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Physical Therapy, Board of

Administrative Law and Procedure

Antitrust Laws

Code Added