What are 3 laws PTs are commonly faced with?
1. State/Federal - Statutory Law
-State PT Practice Act by State Congress
3. State/Federal - Case Law - Roe vs. Wade - set law for abortion
3. Administrative (Regulatory) Law - federal legislative body gives authority to some group to decide regulations on how something should be handled
-Internal Revenue Service - income taxes
-HCFA - healthcare financing administration - "CMS" - power to write and enforce rules on medicare
-State licensure boards
-State insurance commission
What is a statute passed by state legislature?
What does it do?
-Sundown process - Redo every 7 years
1. Sets requirements for obtaining a license
-come from other states/countries
2. Defines scope of practice
-What is physical therapy?
3. Establishes Board of Physical Therapy
4. Defines consequences
-complaint made against you
What is the role of licensing Boards?
-Protecting people from PTs
-Granted authority from legislature for:
What are five key provisions to Key Provisions of WV §30‐20?
1. Protection of terms physical therapist, PT, DPT, physical therapist assistant, PTA
2. Board of PT: 5 PTs, 1 PTA, 1 lay citizen
*Addition of PTA
3. Scope of Practice language
*Similar to "The Guide"
4. Eligibility for licensure (including temporary licensure)
*90 days in WV or until you pass/fail the board
5. Complaints, investigations, due process, disciplinary actions
What are regulatory laws developed by our practicing board with legislative and judicial oversight?
What do they do?
*Making new ones in WV right now
Interprets and clarifies Practice Act language
Carries force of law
- Delegation/Direction/Supervision of support
- Continued competence/CEU requirements
What are key provisions of §16‐1?
Difference between a PTA and an aide
-Physical therapist assistant
One PT can supervise up to 4 PTAs/aides
Supervision of PTAs
- In hospitals and clinics - onsite required (debated?)
- In other settings, telecommunication with periodic
inspection is allowed
• (every 10 visits or 21 days)
Establishes NPTE as the board exam
*pass rate 600
Continuing education required
Sets standards for foreign educated therapists
What is the process of complaints in WV?
Complainant makes complaint to WVBOPT
Board notifies licensee
Board investigates complaints
- May hire investigator
- May issue subpoenas
Probable cause hearing
- Consent decree - physical therapist acknowledges wrongdoing
- Pursue sanctions
What is the association representing state licensing
What do they do?
Federation of State Boards of PT
Develops, administers, and maintains the National Physical Therapist Examination (NPTE)
-Practice Review Tool (PRT)
- Jurisprudence exam
->know law and code of ethics
- (coming) evaluation of CEU courses