First Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 05-0342.01 Christy Chase        HOUSE BILL 05-1016
                    HOUSE SPONSORSHIP
 White,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Health and Human Services
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning an exemption from the prohibition against the
            corporate practice of physical therapy for physical
            therapists engaged in the practice of physical therapy
            in a health care agency.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Specifies that employment of physical therapists in hospitals or
       other health care agencies or practice by a physical therapist in a clinic
       with other health care providers is not the corporate practice of physical
       therapy if:
                The employment is evidenced by a written agreement
                 indicating that the employment relationship cannot affect
                 the physical therapist's independent judgment;
                The physical therapist's independent judgment is not
                 affected by the relationship; and
                The physical therapist is not required to exclusively refer
                 patients to a specific provider or supplier or take action not
                 in the patient's best interest.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  12-41-124 (5), Colorado Revised Statutes, is
       amended to read:
            12-41-124.  Professional service corporations, limited liability
       companies, and registered limited liability partnerships for the
       practice of physical therapy - definitions.  (5) (a)  Except as provided
       in this section, corporations shall not practice physical therapy.
            (b)  Employment of physical therapists by hospitals or
       other health care agencies or practice by a physical therapist
       in a clinic with other health care providers shall not be
       considered the corporate practice of physical therapy if:
            (I)  The employment is evidenced by a written agreement
       specifying that the relationship created by the agreement shall
       not affect the ability of the physical therapist to exercise his or
       her independent judgment in the practice of the profession;
            (II)  The physical therapist's independent judgment in the
       practice of the profession is in fact unaffected by the
       relationship; and
            (III)  The physical therapist is not required to exclusively
       refer any patient to a particular provider or supplier or take
       any other action he or she determines not to be in the patient's
       best interest.
            SECTION 2.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.