HB 1039 Patient Access To Physical Therapy: Public Hearing On 4/10/13

Consumers, patients, advocates, and physical therapists: it is time to have your voice heard.

Texas HB 1039 - Patient Access To Physical Therapy - has received a public hearing with the House Public Health Committee. The hearing is scheduled for Wednesday, April 10 at 8:00 am in Room E2.012.

Under current state law, Texans are prohibited from receiving physical therapy treatment unless they have first obtained a referral from another provider. This is not a regulation driven by your insurance plan - it is state law. HB 1039 does not change a physical therapist's scope of practice whatsoever. What it does is provide a patient with the opportunity to be evaluated AND treated by a physical therapist for 45 days or 20 visits (whichever comes first) before a referral from another provider would be required to continue care.

Why is this bill important for Texans?

Background: First and foremost, a patient should have the right to choose their health care provider. In Texas, you can see virtually ANY health care provider directly for evaluation and treatment without a referral - EXCEPT a physical therapist. A patient can be treated by a massage therapist, acupuncturist, personal trainer, or many other providers without the referral requirement. All of these providers have far less clinical education and evidence-based support than physical therapists, yet are treating patients without a referral. The current law is an arbitrary and unnecessary barrier to patient access to care.

Under current state law, a patient must receive a referral from one of 6 providers - physician, chiropractor, dentist, podiatrist, physician assistant, or advanced nurse practitioner. Would you consider it appropriate for your dentist to tell you when to have knee surgery? I suspect not. Physical therapists know when physical therapy is appropriate and within their scope of practice - and when it isn't.

In the US military, physical therapists have been treating soldiers without a referral since 1973. In many countries, it is the standard of care. But based on the current law, it is not good enough for Texans.

A practical example: In the world of running, 65% of runners will sustain a training-related injury within any given year. As it stands, not one of them can receive treatment from a physical therapist without a referral - even though the vast majority will respond favorably with early intervention.

Are there concerns with this legislation? Opponents of patient access to physical therapy always bring up two issues: patient safety and cost. However, there has yet to be any data presented - in any scientific study - to confirm these claims, here or in any other state or country. The burden of proof is on the opponents of the bill. Unless this can be proven beyond a reasonable doubt, patients should have the right to choose freely, just like they would with any other health care provider.

How can you support HB 1039? Attend the public hearing on 4/10/13 at 8:00 am to either testify or complete a card of support. Further information on the process can be found here and a video here.

This is an opportunity for Texans to gain improved access to care and decrease the cost of care. You CAN make a difference. Together, we can do what is right for patients and consumers.

Photo credits: abesselink