HB17 Alabama 2017 Session

Summary

Primary Sponsor

Ron Johnson

Republican

Session

Regular Session 2017

Title

Physical Therapy, Board of, powers and duties, rulemaking authority clarified with regard to anticompetitive rules that prioritize patient safety and wellness, Sec. 34-24-193.1 added

Summary

HB17 would authorize the Alabama State Board of Physical Therapy to issue rules that prioritize patient safety and wellness, even if those rules are anti-competitive, and would shield the board from certain antitrust liability.

What This Bill Does

It adds a new code section to authorize the board to adopt rules considering state and federal antitrust laws and to recognize that anti-competitive rules prioritizing safety and wellness can be permissible. It allows the board to prohibit unlicensed individuals from practicing and to regulate how licensed therapists practice. It immunizes the board and its members from antitrust liability for such rules when the safety and wellness benefits are clearly demonstrated and documented. It also states that rules may supplement or clarify definitions but cannot conflict with existing statutes defining the practice, and it takes effect immediately after governor approval.

Who It Affects

• Unlicensed individuals: may be prohibited from practicing physical therapy by board rule.
• Licensed physical therapists: must follow board rules that prioritize safety and wellness, which could be anti-competitive if justified by safety benefits.
• Patients and the public: may experience stronger safety and wellness protections as a result of board rules.
• Board of Physical Therapy and its members: receive immunized protection from certain antitrust liability when adopting qualifying rules.

Key Provisions

• Adds Section 34-24-193.1 to authorize the board's rulemaking related to state and federal antitrust laws and to recognize permissible anti-competitive rules that prioritize patient safety and wellness.
• (a) Board may prohibit unlicensed practice and regulate how licensed therapists practice; it also immunizes the board and its members from antitrust liability for such rules if safety and wellness benefits are clearly demonstrated and documented.
• (b) A rule may define or regulate the practice in a way that prioritizes safety and wellness even if anti-competitive, provided the benefit is clearly demonstrated and documented by the Board.
• (c) Rules may supplement or clarify statutory definitions but may not conflict with statutes that define the practice.
• Section 2 clarifies that nothing in the act enlarges or restricts rights beyond what existed before the NC Dental Examiners v. FTC decision.
• Section 3 clarifies that nothing in the act changes duties or responsibilities of board members beyond existing antitrust immunity related to the FTC decision.
• Section 4 states the act becomes effective immediately after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Physical Therapy, Board of