(a) Examining, evaluating and testing persons who have mechanical, physiological and developmental impairments, functional limitations and disabilities or other health and movement related conditions in order to determine a diagnosis, a prognosis and a plan of therapeutic intervention and to assess the ongoing effects of intervention.
(b) Alleviating impairments and functional limitations by managing, designing, implementing and modifying therapeutic interventions including:
(i) Therapeutic exercise.
(ii) Functional training in self-care and in home, community or work reintegration.
(iii) Manual therapy techniques.
(iv) Therapeutic massage.
(v) Assistive and adaptive orthotic, prosthetic, protective and supportive devices and equipment. (vi) Pulmonary hygiene.
(vii) Debridement and wound care.
(viii) Physical agents or modalities.
(ix) Mechanical and electrotherapeutic modalities.
(x) Patient related instruction.
(c) Reducing the risk of injury, impairments, functional limitations and disability by means that include promoting and maintaining a person's fitness, health and quality of life.
(d) Engaging in administration, consultation, education and research.
-Established by governor
-Can be 4 PT, residents of the state, unrestricted license, practice in the state for 5 years
-1 PTA, resident, unrestricted certificate, practice in the state for 5 years
-2 public members, residents, not affilated or have financial interest in any healthcare profession, have interest in consumer rights
-Serve staggered four year terms
-no more than 2 sucessive 4 year terms or more than 10 consecutive years
-By approval of a majority of the board, a member's service may extend at the completion of a four year term until a new member is appointed or the current member is reappointed.
-If requested by the board the governor may remove a board member for misconduct, incompetence or neglect of duty.
-Board members are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2 to cover necessary expenses for attending each board meeting or for representing the board in an official board approved activity.
-A board member who acts within the scope of board duties, without malice and in the reasonable belief that the person's action is warranted by law is immune from civil liability.
A. The board shall:
1. Evaluate the qualifications of applicants for licensure and certification.
2. Provide for national examinations for physical therapists and physical therapist assistants and adopt passing scores for these examinations.
3. Issue licenses, permits and certificates to persons who meet the requirements of this chapter.
4. Regulate the practice of physical therapy by interpreting and enforcing this chapter.
5. Adopt and revise rules to enforce this chapter.
6. Meet at least once each quarter in compliance with the open meeting requirements of title 38, chapter 3, article 3.1 and keep an official record of these meetings.
7. Establish the mechanisms for assessing continuing professional competence of physical therapists to engage in the practice of physical therapy and the competence of physical therapist assistants to work in the field of physical therapy.
8. At its first regular meeting after the start of each calendar year, elect officers from among its members and as necessary to accomplish board business.
9. Provide for the timely orientation and training of new professional and public appointees to the board regarding board licensing and disciplinary procedures, this chapter, board rules and board procedures.
10. Maintain a current list of all persons regulated under this chapter. This list shall include the person's name, current business and residential addresses, telephone numbers and license or certificate number.
11. Employ necessary personnel to carry out the administrative work of the board. Board personnel are eligible to receive compensation pursuant to section 38-611.
12. Enter into contracts for services necessary for adequate enforcement of this chapter.
13. Report final disciplinary action taken against a licensee or a certificate holder to a national disciplinary database recognized by the board.
14. Publish, at least annually, final disciplinary actions taken against a licensee or a certificate holder.
15. Publish, at least annually, board rulings, opinions and interpretations of statutes or rules in order to guide persons regulated pursuant to this chapter.
16. Not later than December 31 of each year, submit a written report of its actions and proceedings to the governor. 17. Establish and collect fees.
18. Provide information to the public regarding the board, its processes and consumer rights.
B. The Board may establish a committee or committees to assist it in carrying out its duties for a time prescribed by the Board. The Board may require a committee appointed pursuant to this subsection to make regular reports to the Board.
A. An applicant for licensure or certification shall file a completed application as required by the board. The applicant shall include the application fee prescribed in section 32-2029.
B. The Board may deny a license or certificate to an applicant, a licensee or a certificate holder for any of the following:
1. Knowingly making a false statement of fact required to be revealed in the initial application, renewal application or reinstatement application for a license or certificate.
2. Committing fraud in the procurement of a license or certificate
3. Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case conviction by a court of competent jurisdiction is conclusive evidence of the commission.
4. Attempting to engage in conduct that subverts or undermines the integrity of the examination or the examination process, including using in any manner recalled or memorized examination questions from or with a person or entity, failing to comply with all test center security procedures, communicating or attempting to communicate with other examinees during the examination or copying or sharing examination questions or portions or questions.
5. Engaging in any conduct that would be considered a violation of section 32-2044.
C. If the board denies an application because of deficiencies in an application or for a reason prescribed in subsection B of this Section, the board must inform an applicant of those specific deficiencies. On receipt of a written request by an applicant who disagrees with the board's decision to deny an application, the board shall hold a hearing pursuant to title 41, chapter 6, article 10.
A. The board shall prescribe examinations for licensure and certification and determine the passing score. B. An applicant may take the examinations for licensure if either of the following applies:
1. The applicant has met all of the requirements of section 32-2022, subsection A, paragraphs 1, 2 and 3 and has paid the fees prescribed by this chapter.
2. The applicant has:
(a) Met all of the requirements of section 32-2022, subsection A, paragraphs 1 and 2.
(b) Paid the fees prescribed by this chapter.
Effective July 24, 2014
(c) Submitted with the application a letter on the official letterhead of the accredited educational institution where the applicant is completing an accredited educational program that includes the signature of the program director, the department chairperson or a similarly authorized person of the university or college and that states that:
(i) The applicant is a candidate for a degree as a physical therapist at the next scheduled graduation date.
(ii) The date the national examination for licensure is to be taken by the applicant is the one nearest to and before the applicant's expected graduation date and is not more than one hundred twenty days before the date of the applicant's expected graduation date.
(iii) The applicant meets any other established requirements of the accredited educational program, if applicable.
C. An applicant may take the examinations for licensure if the applicant has met all of the requirements of section 32-2022, subsection B, paragraphs 1 through 6 and has paid the fees prescribed by this chapter.
D. An 1.
2. (a) (b) (c)
applicant may take the examinations for certification if either of the following applies:
The applicant has met all of the requirements of section 32-2022, subsection D, paragraphs 1, 2 and 3 and has paid the fees prescribed by this chapter.
The applicant has:
Met all of the requirements of section 32-2022, subsection D, paragraphs 1 and 2. Paid the fees prescribed by this chapter.
Submitted with the application a letter on the official letterhead of the accredited educational institution where the applicant is completing an accredited educational program that includes the signature of the program director, the department chairperson or a similarly authorized person of the university, school or college and that states that:
The applicant is a candidate for a certificate or degree as a physical therapist assistant at the next scheduled graduation date.
The date the national examination for certification is to be taken by the applicant is the one nearest to and before the applicant's expected graduation date and is not more than one hundred twenty days before the date of the applicant's expected graduation date.
The applicant meets any other established requirements of the accredited educational program, if applicable.
A. If a foreign educated applicant satisfies the requirements of section 32-2022, subsection B, before the board issues a license it shall issue an interim permit to the applicant for the purpose of participating in a supervised clinical practice period. An applicant who fails the national examination is not eligible for an interim permit until the applicant passes the examination.
B. If an applicant who has been educated in the United States satisfies the requirements of section 32-2022, subsection A or D, but the board determines that there is evidence that the applicant lacks the competence to practice as a physical therapist or work as a
Effective July 24, 2014
physical therapist assistant, the board shall issue an interim permit to the applicant to allow that person to participate in a supervised clinical practice.
C. The board may issue an interim permit for at least ninety days but not more than six months.
D. An interim permit holder shall complete, to the satisfaction of the board, a period of clinical practice in a facility approved by the board and under the continuous and on-site supervision of a physical therapist who holds an unrestricted license issued pursuant to this chapter.
E. At any time during an interim supervised clinical practice period, the board may revoke an interim permit because of the permit holder's incompetence or for a violation of this chapter. Pursuant to title 41, chapter 6, article 10, the board shall hold a hearing on request of a permit holder whose permit is revoked.
A. Beginning September 1, 2011, a business entity shall not offer physical therapy services pursuant to this chapter unless: 1. The business entity is registered with the Board pursuant to this section.
2. The physical therapy services are conducted by a licensee or certificate holder pursuant to this chapter
B. The business entity must file a registration application of a form prescribed by the Board. The application shall include: 1. A description of the services offered to the public.
2. The name of the manager who is authorized and who is responsible for managing the physical therapy services offered at each office
3. The names and addresses of the officers and directors of the business entity
4. A registration prescribed by the Board by rule.
C. A business entity must file a separate registration application and pay a fee for each branch office in this state.
D. A registration expires on August 31 of odd numbered years in accordance with the physical therapist professional licensing schedule. A business entity that wishes to renew a registration must submit an application for renewal as prescribed by the Board on a biennial basis on a form prescribed by the Board before the expiration date. An entity that fails to renew the registration before the expiration date is subject to a late fee as prescribed by the Board by rule.
E. The business entity must notify the Board in writing within thirty days after any change:
1. In the business entity's name, address or telephone number.
2. In the officers or directors of the business enity
3. The name of the manager who is authorized and who is responsible for managing the physical therapy services in any facility
F. The business entity must establish and implement a written protocol for the secure storage, transfer and access of the physical therapy records of the business entity's patients. This protocol must include, at a minimum, procedures for:
1. Notifying patients of the future locations of their records if the business entity terminates or sells the practice. 2. Disposing of unclaimed physical therapy records.
3. The timely response to requests by patients for copies of their records.
G. The business entity must notify the Board within thirty days after the dissolution of any registered business entity or the closing or relocation of any facility and must disclose to the Board the entity's procedure by which its patients may obtain their records.
H. This Section does not apply to:
1. A sole proprietorship or partnership that consists exclusively of persons who are licensed by a health profession regulatory board as defined in section 32-32010.
2. A facility regulated by the federal government or a state, district or territory of the United States.
3. An administrator or executor of the estate of a deceased physical therapist or a person who is legally authorized to act for a physical therapist who has been adjudicated to be mentally incompetent for not more than one year from the date the Board receives notice of the physical therapist's death or incapacitation.
4. A health care institution that is licensed pursuant to title 36.
I. A facility that offers physical therapy services to the public by persons licensed under this chapter must be registered by the Board unless the facility is any of the following:
1. Owned by a licensee.
2. Regulated by the federal government or a state, district or territory of the United States
J. Except for issues relating to insurance coding and billing that require the name, signature and license number of the physical therapist providing treatment, this section does not:
1. Authorize a licensee in the course of providing physical therapy services for an entity registered pursuant to this section to disregard or interfere with a policy or practice established by the entity for the operation and management of the business.
2. Authorize a business entity registered pursuant to this section to establish or enforce a business policy that may interfere with the professional judgment of the licensee in providing physical therapy services for the business entity or may compromise a licensee's ability to comply with this chapter.
K. The Board shall adopt rules that provide a method for the Board to receive the assistance and advice of business entities registered pursuant to this section in all matters relating to the regulation of business entities.
L. The Board shall adopt rules necessary to enforce this chapter in the practice settings of its licensees, certificate holders and registrants if the practice settings are not regulated by the Department of Health Services.
A. A physical therapist shall use the letters "PT" in connection with the physical therapist's name or place of business to denote licensure under this chapter.
B. A physical therapist assistant shall use the letters "PTA" in connection with that person's name to denote certification pursuant to this chapter.
C. A person or business entity or its employees, agents or representatives shall not use in connection with that person's name or the name or activity of the business the words "physical therapy", "physical therapist", "physiotherapy", "physiotherapist" or "registered physical therapist", the letters "PT", "LPT", "RPT", "MPT", "DScPT" or "DPT" or any other words, abbreviations or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied, including the billing of services labeled as physical therapy, unless these services are provided by or under the direction of a physical therapist who is licensed pursuant to this chapter. A person or entity that violates this subsection is guilty of a class 1 misdemeanor.
D. A person or business entity shall not advertise, bill or otherwise promote a person who is not licensed pursuant to this chapter as being a physical therapist or offering physical therapy services.
E. A person shall not use the title "physical therapist assistant" or use the letters "PTA" in connection with that person's name or any other words, abbreviations or insignia indicating or implying directly or indirectly that the person is a physical therapist assistant unless that person is certified as a physical therapist assistant pursuant to this chapter. A person who violates this subsection is guilty of a class 1 misdemeanor.
The following are grounds for disciplinary action:
1. Violating this chapter, board rules or a written board order.
2. Practicing or offering to practice beyond the scope of the practice of physical therapy.
3. Obtaining or attempting to obtain a license or certificate by fraud or misrepresentation.
4. Engaging in the performance of substandard care by a physical therapist due to a deliberate or negligent act or failure to act regardless of whether actual injury to the patient is established.
5. Engaging in the performance of substandard care by a physical therapist assistant, including exceeding the authority to perform tasks selected and delegated by the supervising licensee regardless of whether actual injury to the patient is established.
6. Failing to supervise assistive personnel, physical therapy students or interim permit holders in accordance with this chapter and rules adopted pursuant to this chapter.
7. Conviction of a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case conviction by a court of competent jurisdiction is conclusive evidence of the commission and the Board may take disciplinary action when the time for appeal has lapsed, when judgement of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order. For the purposes of this paragraph, "conviction" means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
8. Practicing as a physical therapist or working as a physical therapist assistant when physical or mental abilities are impaired by disease or trauma, by the use of controlled substances or other habit-forming drugs, chemicals or alcohol or by other causes.
9. Having had a license or certificate revoked or suspended or other disciplinary action taken or an application for licensure or certification refused, revoked or suspended by the proper authorities of another state, territory or country.
10. Engaging in sexual misconduct. For the purposes of this paragraph, "sexual misconduct" includes:
(a) Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, while a provider-patient relationship exists.
(b) Making sexual advances, requesting sexual favors or engaging in other verbal conduct or physical contact of a sexual nature with patients.
(c) Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to patient diagnosis or treatment under current practice standards.
11. Directly or indirectly requesting, receiving or participating in the dividing, transferring, assigning, rebating or refunding of an unearned fee or profiting by means of any credit or other valuable consideration such as an unearned commission, discount or gratuity in connection with the furnishing of physical therapy services. This paragraph does not prohibit the members of any regularly and properly organized business entity recognized by law and comprised of physical therapists from dividing fees received for professional services among themselves as they determine necessary to defray their joint operating expense.
12. Failing to adhere to the recognized standards of ethics of the physical therapy profession.
13. Charging unreasonable or fraudulent fees for services performed or not performed.
14. Making misleading, deceptive, untrue or fraudulent representations in violation of this chapter or in the practice of the profession.
15. Having been adjudged mentally incompetent by a court of competent jurisdiction.
16. Aiding or abetting a person who is not licensed or certified in this state and who directly or indirectly performs activities requiring a license or certificate.
17. Failing to report to the board any direct knowledge of an unprofessional, incompetent or illegal act that appears to be in violation of this chapter or board rules.
18. Interfering with an investigation or disciplinary proceeding by failing to cooperate, by wilful misrepresentation of facts or by the use of threats or harassment against any patient or witness to prevent the patient or witness from providing evidence in a disciplinary proceeding or any legal action.
19. Failing to maintain patient confidentiality without prior written consent of the patient or unless otherwise required by law.
20. Failing to maintain adequate patient records. For the purposes of this paragraph, "adequate patient records" means legible records that comply with board rules and that contain at a minimum an evaluation of objective findings, a diagnosis, the plan of care, the treatment record, a discharge summary and sufficient information to identify the patient.
21. Promoting an unnecessary device, treatment intervention or service for the financial gain of the practitioner or of a third party. 22. Providing treatment intervention unwarranted by the condition of the patient or treatment beyond the point of reasonable benefit.
23. Failing to report to the board a name change or a change in business or home address within thirty days after that change.
24. Failing to complete continuing competence requirements as established by the Board by rule.
25. Failing to demonstrate professional standards of care and training and education qualifications, as established by the board by rule, in the performance of dry needling when provided as a therapeutic modality. (Effective July 1, 2015)
A. The board may request an informal hearing with a licensee, a certificate holder or any unlicensed person in order to further its investigation or to resolve a complaint.
B. If at an informal hearing the board finds a violation of this chapter has occurred that constitutes grounds for disciplinary action, it may take any disciplinary actions prescribed in section 32-2047, paragraph 1, 2 or 6, except that a civil penalty may not exceed five hundred dollars.
C. If the results of an informal hearing indicate that suspension, revocation or a civil penalty might be in order, the board shall notify the subject of the investigation of the time and place for a hearing pursuant to title 41, chapter 6, article 10.
D. In lieu of or in addition to an informal hearing as provided in subsection A of this section, the board may serve on a licensee or a certificate holder a summons and complaint setting forth the grounds for disciplinary action and notice of a hearing to be held before the board at least thirty days after the date of the notice. The notice shall state the time and place of the hearing.
E. A motion for rehearing or review of the board's decision in a disciplinary action shall be filed pursuant to title 41, chapter 6, article 10.
F. The service of a summons and complaint and the service of a subpoena shall be as provided for service in civil cases.
G. If a person disobeys a subpoena the board may petition the superior court for an order requiring appearance or the production of documents.