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SB 2169

AN ACT to amend and reenact subsection 6 of section 43-26.1-11 of the North Dakota Century Code, relating to physical therapy patient management.

69th Legislative Assembly (2025-26) Introduced by Jeff Barta and 3 co-sponsors

ND SB 2169 requires licensed physical therapists to share the overall plan of care and obtain informed consent from patients or their authorized surrogate.

Filed with Secretary Of State 04/03
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Bill Summary · SB 2169

Summary — North Dakota SB 2169 (Sixty-ninth Legislative Assembly, 2025)

Title: An Act to amend and reenact subsection 6 of section 43‑26.1‑11 of the North Dakota Century Code (physical therapy patient management)

Purpose / Intent

SB 2169 revises the statutory patient‑management requirements for licensed physical therapists by specifying that a physical therapist must communicate the overall plan of care and obtain informed consent from the patient (or the patient’s legally authorized representative).

Key provision

  • Amends and reenacts subsection 6 of N.D.C.C. § 43‑26.1‑11 to read:
    • “The physical therapist shall communicate the overall plan of care with, and obtain informed consent from, the patient or the patient's legally authorized representative.”
  • No other substantive changes to that section are included in the provided text.

Who is affected

  • Primary: Licensed physical therapists practicing in North Dakota — this creates an explicit statutory requirement to both (a) communicate the overall plan of care and (b) obtain informed consent.
  • Secondary: Patients receiving physical therapy and their legally authorized representatives; employing facilities and clinics; supervising clinicians and professional liability carriers.
  • Regulatory bodies (e.g., state licensing board) may be involved in enforcement or guidance on compliance and documentation.

Practical effects and considerations

  • Documentation: Clinics and therapists will likely need to document that the overall plan of care was communicated and that informed consent was obtained (who provided consent, date, scope of consent).
  • Professional practice: Formalizes an informed‑consent obligation for PTs — could affect intake/consent forms, care‑planning conversations, and patient education materials.
  • Liability and enforcement: Making this requirement explicit in statute may strengthen patient rights and could be considered in licensure or disciplinary matters; the bill text does not specify penalties or enforcement mechanisms beyond existing regulatory structures.
  • No fiscal impact, funding, or regulatory changes are specified in the bill text.

Timeline / Legislative status (as provided)

  • Introduced: March 10, 2025
  • Legislative actions recorded (selected):
    • Passed Senate: Yeas 47, Nays 0
    • Passed House: Yeas 85, Nays 4
    • Enrolled and filed with Secretary of State: April 3, 2025 (status shown as “Filed with Secretary Of State 04/03/2025”)
  • Related/companion measure listed: HB 2485

Scope and limits

  • The change is narrowly focused: it amends only subsection (6) of § 43‑26.1‑11 to require communication of the overall plan of care and informed consent. It does not, in the text provided, alter other duties, standards of care, enforcement provisions, or funding.

If you would like, I can:
- Draft model consent language or a checklist clinics could use to document compliance; or
- Compare this amendment to current statutory language and common professional standards for informed consent in physical therapy.

Compiled from official sources — confirm details with the bill’s official record.

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