THE ROLE OF THE PHYSICAL
THERAPIST ASSISTANT
FOURTH EDITION
APPENDICES
The Physical Therapist Assistant
Consortium of New England
Developed: January 1996
Revised: May 1997, November 1998, May 2005
TABLE OF CONTENTS
AMERICAN PHYSICAL THERAPY ASSOCIATION HOUSE OF
DELEGATES (HOD) POLICES AND POSITIONS ............................................3
DIRECTION AND SUPERVISION OF THE PHYSICAL THERAPIST ASSISTANT .............................3
STANDARDS OF ETHICAL CONDUCT FOR THE PHYSICAL THERAPIST ASSISTANT ...............6
GUIDE FOR CONDUCT OF THE PHYSICAL THERAPIST ASSISTANT ...................................................7
EDUCATIONAL DEGREE QUALIFICATION FOR PHYSICAL THERAPIST ASSISTANTS ........... 16
ETHICAL AND LEGAL CONSIDERATIONS FOR CLINICAL EDUCATION ...................................... 16
LEVELS OF SUPERVISION .............................................................................................................................. 17
CONSUMER PROTECTION IN THE PROVISION OF PHYSICAL THERAPY SERVICES:
QUALIFICATIONS OF PERSONS PROVIDING PHYSICAL THERAPY SERVICES................... 17
DISTINCTION BETWEEN THE PHYSICAL THERAPIST AND THE PHYSICAL THERAPIST
ASSISTANT IN PHYSICAL THERAPY ................................................................................................... 18
PROVISION OF PHYSICAL THERAPY INTERVENTIONS AND RELATED TASKS ........................ 18
CONTINUING EDUCATION ........................................................................................................................... 19
DOCUMENTATION AUTHORITY FOR PHYSICAL THERAPY SERVICES ........................................ 20
SUPERVISION OF STUDENT PHYSICAL THERAPIST ASSISTANTS ................................................. 21
DESIGNATION "PT," "PTA," "SPT,” AND "SPTA" ...................................................................................... 21
PHYSICAL THERAPIST AND PHYSICAL THERAPIST ASSISTANT LICENSURE/REGULATION
.......................................................................................................................................................................... 22
CONTINUING EDUCATION FOR THE PHYSICAL THERAPIST ASSISTANT ................................. 23
POST ENTRY-LEVEL EDUCATION AND RECOGNITION OF ENHANCED PROFICIENCY FOR
THE PHYSICAL THERAPIST ASSISTANT ........................................................................................... 23
NEW ENGLAND REGULATIONS ....................................................................24
CONNECTICUT GENERAL STATUTES ....................................................................................................... 24
MAINE PHYSICAL THERAPIST PRACTICE ACT ..................................................................................... 34
MASSACHUSETTS GENERAL LAWS REGARDING PHYSICAL THERAPY PRACTICE ................ 63
NEW HAMPSHIRE PHYSICAL THERAPY PRACTICE ACT .................................................................... 84
RHODE ISLAND PHYSICAL THERAPY PRACTICE ACT ....................................................................... 129
VERMONT PHYSICAL THERAPY STATUTES ......................................................................................... 154
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AMERICAN PHYSICAL THERAPY ASSOCIATION HOUSE OF
DELEGATES (HOD) POLICES AND POSITIONS
DIRECTION AND SUPERVISION OF THE PHYSICAL THERAPIST ASSISTANT
HOD 06-00-16-27 (Program 32) [Amended HOD 06-99-07-11; HOD 06-96-30-42; HOD
06-95-11-06; HOD 06-93-08-09; HOD 06-85-20-41; Initial HOD 06-84-16-72/HOD 06-7822-61/HOD 06-77-19-37]
It is the policy of the American Physical Therapy Association that:
Physical therapists have a responsibility to deliver services in ways that protect the
public safety and maximize the availability of their services. They do this through direct
delivery of services in conjunction with responsible utilization of physical therapist
assistants who assist with selected components of intervention. The physical therapist
assistant is the only individual permitted to assist a physical therapist in selected
interventions under the direction and supervision of a physical therapist. Direction and
supervision are essential in the provision of quality physical therapy services. The
degree of direction and supervision necessary for assuring quality physical therapy
services is dependent upon many factors, including the education, experiences, and
responsibilities of the parties involved, as well as the organizational structure in which
the physical therapy services are provided.
Regardless of the setting in which the service is provided, the following responsibilities
must be borne solely by the physical therapist:
1. Interpretation of referrals when available.
2. Initial examination, evaluation, diagnosis, and prognosis.
3. Development or modification of a plan of care which is based on the initial
examination or reexamination and which includes the physical therapy goals and
outcomes.
4. Determination of when the expertise and decision making capability of the
physical therapist requires the physical therapist to personally render physical
therapy interventions and when it may be appropriate to utilize the physical
therapist assistant. A physical therapist shall determine the most appropriate
utilization of the physical therapist assistant that provides for the delivery of
service that is safe, effective and efficient.
5. Reexamination of the patient/client in light of their goals, and revision of the
plan of care when indicated.
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6. Establishment of the discharge plan and documentation of discharge
summary/status.
7. Oversight of all documentation for services rendered to each patient/client.
The physical therapist remains responsible for the physical therapy services provided
when the physical therapist’s plan of care involves the physical therapist assistant to
assist with selected interventions. Regardless of the setting in which the service is
provided, the determination to utilize physical therapist assistants for selected
interventions requires the education, expertise and professional judgement of a physical
therapist as described by the Standards of Practice, Guide to Professional Conduct and
Code of Ethics.
In determining the appropriate extent of assistance from the physical therapist assistant
(PTA), the physical therapist considers:
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the PTA’s education, training, experience and skill level
patient/client criticality, acuity, stability, and complexity
the predictability of the consequences
the setting in which the care is being delivered
federal and state statutes
liability and risk management concerns
the mission of physical therapy services for the setting
the needed frequency of reexamination
Physical Therapist Assistant
Definition
The physical therapist assistant is a technically educated health care provider who
assists the physical therapist in the provision of physical therapy. The physical therapist
assistant is a graduate of a physical therapist assistant associate degree program
accredited by the Commission on Accreditation in Physical Therapy Education
(CAPTE).
Utilization
The physical therapist is directly responsible for the actions of the physical therapist
assistant related to patient/client management. The physical therapist assistant may
perform selected physical therapy interventions under the direction and at least general
supervision of the physical therapist. In general supervision, the physical therapist is
not required to be on-site for direction and supervision, but must be available at least by
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telecommunications. The ability of the physical therapist assistant to perform the
selected interventions as directed shall be assessed on an ongoing basis by the
supervising physical therapist. The physical therapist assistant may modify an
intervention in accordance with changes in patient/client status within the scope of the
established plan of care.
The physical therapist assistant must work under the direction and at least general
supervision of the physical therapist. In all practice settings, the performance of selected
interventions by the physical therapist assistant must be consistent with safe and legal
physical therapist practice, and shall be predicated on the following factors: complexity
and acuity of the patient/client’s needs; proximity and accessibility to the physical
therapist; supervision available in the event of emergencies or critical events; and type
of setting in which the service is provided.
When supervising the physical therapist assistant in any off site setting, the following
requirements must be observed:
1. A physical therapist must be accessible by telecommunications to the physical
therapist assistant at all times while the physical therapist assistant is treating
patients/clients.
2. There must be regularly scheduled and documented conferences with the
physical therapist assistant regarding patients/clients, the frequency of which is
determined by the needs of the patient/client and the needs of the physical
therapist assistant.
3. In those situations in which a physical therapist assistant is involved in the
care of a patient/client, a supervisory visit by the physical therapist will be made:
a. Upon the physical therapist assistant's request for a
reexamination, when a change in the plan of care is needed, prior to
any planned discharge, and in response to a change in the
patient’s/client’s medical status.
b. At least once a month, or at a higher frequency when established
by the physical therapist, in accordance with the needs of the
patient/client.
c. A supervisory visit should include:
1. An on-site reexamination of the patient/client.
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2. On-site review of the plan of care with appropriate
revision or termination.
3. Evaluation of need and recommendation for utilization of
outside resources.
STANDARDS OF ETHICAL CONDUCT FOR THE PHYSICAL THERAPIST
ASSISTANT -- HOD 06-00-13-24
(Program 17) [Amended HOD 06-91-06-07; Initial HOD 06-82-04-08]
PREAMBLE
This document of the American Physical Therapy Association sets forth standards for
the ethical conduct of the physical therapist assistant. All physical therapist assistants
are responsible for maintaining high standards of conduct while assisting physical
therapists. The physical therapist assistant shall act in the best interest of the
patient/client. These standards of conduct shall be binding on all physical therapist
assistants.
STANDARD 1
A physical therapist assistant shall respect the rights and dignity of all individuals and
shall provide compassionate care.
STANDARD 2
A physical therapist assistant shall act in a trustworthy manner towards patients/clients.
STANDARD 3
A physical therapist assistant shall provide selected physical therapy interventions only
under the supervision and direction of a physical therapist.
STANDARD 4
A physical therapist assistant shall comply with laws and regulations governing
physical therapy.
STANDARD 5
A physical therapist assistant shall achieve and maintain competence in the provision of
selected physical therapy interventions.
STANDARD 6
A physical therapist assistant shall make judgments that are commensurate with their
educational and legal qualifications as a physical therapist assistant.
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STANDARD 7
A physical therapist assistant shall protect the public and the profession from unethical,
incompetent, and illegal acts.
GUIDE FOR CONDUCT OF THE PHYSICAL THERAPIST ASSISTANT
This Guide for Conduct of the Physical Therapist Assistant (Guide) is intended to serve
physical therapist assistants in interpreting the Standards of Ethical Conduct for the
Physical Therapist Assistant (Standards) of the American Physical Therapy Association
(APTA). The Guide provides guidelines by which physical therapist assistants may
determine the propriety of their conduct. It is also intended to guide the development of
physical therapist assistant students. The Standards and Guide apply to all physical
therapist assistants. These guidelines are subject to change as the dynamics of the
profession change and as new patterns of health care delivery are developed and
accepted by the professional community and the public. This Guide is subject to
monitoring and timely revision by the Ethics and Judicial Committee of the Association.
Interpreting Standards
The interpretations expressed in this Guide reflect the opinions, decisions, and advice of
the Ethics and Judicial Committee. These interpretations are intended to guide a
physical therapist assistant in applying general ethical principles to specific situations.
They should not be considered inclusive of all situations that could evolve.
STANDARD 1
A physical therapist assistant shall respect the rights and dignity of all individuals
and shall provide compassionate care.
1.1 Attitude of a physical therapist assistant
A. A physical therapist assistant shall demonstrate sensitivity to
individual and cultural differences.
B. A physical therapist assistant shall be guided at all times by concern for
the physical and psychological welfare of patients/clients.
C. A physical therapist assistant shall not harass, abuse, or discriminate
against others.
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STANDARD 2
A physical therapist assistant shall act in a trustworthy manner towards
patients/clients.
2.1 Trustworthiness
A. To act in a trustworthy manner a physical therapist assistant shall act in
the patient’s/client’s best interest. Working in the patient’s/client’s best
interest requires sensitivity to the patient’s/client’s vulnerability and an
effective working relationship between the physical therapist and the
physical therapist assistant.
B. A physical therapist assistant shall act to ameliorate the
patient’s/client’s vulnerability, not to exploit it.
C. A physical therapist assistant shall clearly identify him/herself as a
physical therapist assistant to patients/clients.
D. A physical therapist assistant shall conduct him/herself in a manner
that supports the physical therapist/patient relationship.
E. A physical therapist assistant shall not engage in any sexual
relationship or activity, whether consensual or nonconsensual, with any
patient entrusted to his/her care.
F. A physical therapist assistant shall not invite, accept, or offer gifts or
other considerations that affect or give an appearance of affecting his/her
provision of physical therapy interventions.
2.2 Exploitation of Patients
A physical therapist assistant shall not participate in any arrangements in
which patients/clients are exploited. Such arrangements include situations
where referring sources enhance their personal incomes as a result of
referring for, delegating, prescribing, or recommending physical therapy
services.
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2.3 Truthfulness
A. A physical therapist assistant shall not make statements that he/she
knows or should know are false, deceptive, fraudulent, or unfair.
B. Although it cannot be considered unethical for a physical therapist
assistant to own or have a financial interest in the production, sale, or
distribution of products/services, he/she must act in accordance with law
and make full disclosure of his/her interest to patients/clients.
2.4 Confidential Information
A. Information relating to the patient/client is confidential and may not be
communicated to a third party not involved in that patient’s care without
the prior consent of the patient, subject to applicable law.
B. A physical therapist assistant shall refer all requests for release of
confidential information to the supervising physical therapist.
STANDARD 3
A physical therapist assistant shall provide selected physical therapy interventions
only under the supervision and direction of a physical therapist.
3.1 Supervisory Relationship
A. A physical therapist assistant shall provide services only under the
supervision and direction of a physical therapist.
B. A physical therapist assistant shall provide only those physical therapy
interventions that have been selected by the physical therapist.
C. A physical therapist assistant shall not carry out any selected physical
therapy interventions that are outside his/her education, training,
experience, or skill and shall notify the physical therapist.
D. A physical therapist assistant may adjust specific interventions within
the plan of care established by the physical therapist in response to
changes in the patient’s/client’s status.
E. A physical therapist assistant shall not perform examinations or
evaluations, interpret data, determine diagnosis or prognosis, or establish
or alter a plan of care.
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F. Consistent with the physical therapist assistant’s education, training,
knowledge, and experience, he/she may respond to the patient’s/client’s
inquiries regarding interventions that are within the established plan of
care.
G. A physical therapist assistant shall have regular and ongoing
communication with the physical therapist regarding the patient’s/client’s
status.
STANDARD 4
A physical therapist assistant shall comply with laws and regulations governing
physical therapy.
4.1 Supervision
A physical therapist assistant shall know and comply with applicable law.
Regardless of the content of any law, a physical therapist assistant shall
provide services only under the supervision and direction of a physical
therapist.
4.2 Representation
A physical therapist assistant shall not hold him/herself out as a physical
therapist.
STANDARD 5
A physical therapist assistant shall achieve and maintain competence in the
provision of selected physical therapy interventions.
5.1 Competence
A physical therapist assistant shall provide interventions consistent with
his/her level of education, training, experience, and skill.
5.2 Self-assessment
A physical therapist assistant shall engage in self-assessment in order to
maintain competence.
5.3 Development
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A physical therapist assistant shall participate in educational activities that
enhance his/her basic knowledge and skills.
STANDARD 6
A physical therapist assistant shall make judgments that are commensurate with
their educational and legal qualifications as a physical therapist assistant.
6.1 Patient Safety
A. A physical therapist assistant shall discontinue immediately any
components of interventions that, in his/her judgment, appear to be
harmful to the patient and shall discuss his/her concerns with the physical
therapist.
B. A physical therapist assistant shall not carry out any selected physical
therapy interventions that are outside his/her education, training,
experience, or skill and shall notify the physical therapist.
C. A physical therapist assistant shall not perform interventions while
his/her ability to do so safely is impaired.
6.2 Patient Status Judgments
A physical therapist assistant participates in patient status judgments by
reporting changes to the physical therapist and requesting patient reexamination or revision of the plan of care. See Section 3.1.
6.3 Gifts and Other Considerations
A physical therapist assistant shall not invite, accept, or offer gifts or other
considerations that affect or give the appearance of affecting his/her
provision of physical therapy interventions or that exploit the patient in
any way. See Section 2.1(B).
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STANDARD 7
A physical therapist assistant shall protect the public and the profession from
unethical, incompetent, and illegal acts.
7.1 Consumer Protection
A physical therapist assistant shall report any conduct that appears to be unethical or
illegal.
7.2 Organizational Employment
A. A physical therapist assistant shall inform his/her employer(s) and/or
appropriate physical therapist of any employer practice that causes him or
her to be in conflict with the Standards of Ethical Conduct for the Physical
Therapist Assistant.
B. A physical therapist assistant shall not engage in any activity that puts
him or her in conflict with the Standards of Ethical Conduct for the
Physical Therapist Assistant, regardless of directives from a physical
therapist or employer.
Issued by Ethics and Judicial Committee
American Physical Therapy Association
October 1981
Last Amended July 2001
STANDARDS OF PRACTICE FOR PHYSICAL THERAPY -- HOD 06-03-09-10
(Program 32, Practice Dept.) [Amended HOD 06-00-11-22; 06-99-18-22; HOD 06-96-1631; HOD 06-91-21-25; HOD 06-85-30-56; Initial HOD 06-80-04-04; HOD 06-80-03-03]
Preamble
The physical therapy profession’s commitment to society is to promote optimal health
and function in individuals by pursuing excellence in practice. The American Physical
Therapy Association attests to this commitment by adopting and promoting the
following Standards of Practice for Physical Therapy. These Standards are the
profession’s statement of conditions and performances that are essential for provision of
high quality professional service to society, and provide a foundation for assessment of
physical therapist practice.
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I. Ethical/Legal Considerations
A. Ethical Considerations
The physical therapist practices according to the Code of Ethics of the American
Physical Therapy Association.
The physical therapist assistant complies with the Standards of Ethical Conduct for
the Physical Therapist Assistant of the American Physical Therapy Association.
B. Legal Considerations
The physical therapist complies with all the legal requirements of jurisdictions
regulating the practice of physical therapy.
The physical therapist assistant complies with all the legal requirements of
jurisdictions regulating the work of the assistant.
II. Administration of the Physical Therapy Service
A. Statement of Mission, Purposes, and Goals
The physical therapy service has a statement of mission, purposes, and goals that
reflects the needs and interests of the patients/clients served, the physical therapy
personnel affiliated with the service, and the community.
B. Organizational Plan
The physical therapy service has a written organizational plan.
C. Policies and Procedures
The physical therapy service has written policies and procedures that reflect the
operation, mission, purposes, and goals of the service, and are consistent with
the Association’s standards, policies, positions, guidelines, and Code of Ethics.
D. Administration
A physical therapist is responsible for the direction of the physical therapy
service.
E. Fiscal Management
The director of the physical therapy service, in consultation with physical
therapy staff and appropriate administrative personnel participates in planning
for, and allocation of, resources. Fiscal planning and management of the service
is based on sound accounting principles.
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F. Improvement of Quality of Care and Performance
The physical therapy service has a written plan for continuous improvement of
quality of care and performance of services.
G. Staffing
The physical therapy personnel affiliated with the physical therapy service have
demonstrated competence and are sufficient to achieve the mission, purposes,
and goals of the service.
H. Staff Development
The physical therapy service has a written plan that provides for appropriate and
ongoing staff development.
I. Physical Setting
The physical setting is designed to provide a safe and accessible environment
that facilitates fulfillment of the mission, purposes, and goals of the physical
therapy service. The equipment is safe and sufficient to achieve the purposes and
goals of physical therapy.
J. Collaboration
The physical therapy service collaborates with all disciplines as appropriate.
III. Patient/Client Management
A. Patient/Client Collaboration
Within the patient/client management process, the physical therapist and the
patient/client establish and maintain an ongoing collaborative process of
decision-making that exists throughout the provision of services.
B. Initial Examination/Evaluation/Diagnosis/Prognosis
The physical therapist performs an initial examination and evaluation to
establish a diagnosis and prognosis prior to intervention.
C. Plan of Care
The physical therapist establishes a plan of care and manages the needs of the
patient/client based on the examination, evaluation, diagnosis, prognosis, goals,
and outcomes of the planned interventions for identified impairments, functional
limitations, and disabilities.
The physical therapist involves the patient/client and appropriate others in the
planning, implementation, and assessment of the plan of care.
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The physical therapist, in consultation with appropriate disciplines, plans for
discharge of the patient/client taking into consideration achievement of
anticipated goals and expected outcomes, and provides for appropriate followup or referral.
D. Intervention
The physical therapist provides, or directs and supervises, the physical therapy
intervention consistent with the results of the examination, evaluation, diagnosis,
prognosis, and plan of care.
E. Re-examination
The physical therapist reexamines the patient/client as necessary during an
episode of care to evaluate progress or change in patient/client status and
modifies the plan of care accordingly or discontinues physical therapy services.
F. Discharge/Discontinuation of Intervention
The physical therapist discharges the patient/client from physical therapy
services when the anticipated goals or expected outcomes for the patient/client
have been achieved.
The physical therapist discontinues intervention when the patient/client is
unable to continue to progress toward goals or when the physical therapist
determines that the patient/client will no longer benefit from physical therapy.
G. Communication/Coordination/Documentation
The physical therapist communicates, coordinates and documents all aspects of
patient/client management including the results of the initial examination and
evaluation, diagnosis, prognosis, plan of care, interventions, response to
interventions, changes in patient/client status relative to the interventions,
reexamination, and discharge/discontinuation of intervention and other
patient/client management activities.
IV. Education
The physical therapist is responsible for individual professional development.
The physical therapist assistant is responsible for individual career development.
The physical therapist, and the physical therapist assistant under the direction
and supervision of the physical therapist, participate in the education of
students.
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The physical therapist educates and provides consultation to consumers and the
general public regarding the purposes and benefits of physical therapy.
The physical therapist educates and provides consultation to consumers and the
general public regarding the roles of the physical therapist and the physical
therapist assistant.
V. Research
The physical therapist applies research findings to practice and encourages,
participates in, and promotes activities that establish the outcomes of
patient/client management provided by the physical therapist.
VI. Community Responsibility
The physical therapist demonstrates community responsibility by participating
in community and community agency activities, educating the public,
formulating public policy, or providing pro bono physical therapy services.
EDUCATIONAL DEGREE QUALIFICATION FOR PHYSICAL THERAPIST
ASSISTANTS
HOD 06-03-25-22 (Program 60)
It is the policy of the American Physical Therapy Association that:
The American Physical Therapy Association shall consider attainment of an Associates
degree from a program accredited by the Commission on Accreditation in Physical
Therapy Education, the minimum educational qualification for a physical therapist
assistant.
ETHICAL AND LEGAL CONSIDERATIONS FOR CLINICAL EDUCATION
HOD 06-01-16-18
(Program 60, Education Dept.) [Initial HOD 06-92-15-31]
It is the policy of the American Physical Therapy Association that:
Physical therapists, physical therapist assistants, and academic programs shall provide
clinical education that reflects, supports, and promotes professional development,
complies with legal and ethical standards for patient/client management, and is
consistent with the policies and positions of the American Physical Therapy
Association. Physical therapist and physical therapist assistant students are obligated to
communicate information to their academic program regarding clinical education
experiences that appear to be in conflict with these standards, policies, and positions.
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LEVELS OF SUPERVISION
HOD 06-00-15-26 (Program 32, Practice Dept.)
It is the policy of the American Physical Therapy Association that:
The American Physical Therapy Association recognizes the following levels of
supervision:
General Supervision: The physical therapist is not required to be on-site for direction
and supervision, but must be available at least by telecommunications.
Direct Supervision: The physical therapist is physically present and immediately
available for direction and supervision. The physical therapist will have direct contact
with the patient/client during each visit that is defined in the Guide to Physical Therapist
Practice as all encounters with a patient/client in a twenty four hour period.
Telecommunications does not meet the requirement of direct supervision.
Direct Personal Supervision: The physical therapist, or where allowable by law, the
physical therapist assistant, is physically present and immediately available to direct
and supervise tasks that are related to patient/client management. The direction and
supervision is continuous throughout the time these tasks are performed.
Telecommunications does not meet the requirement of direct personal supervision.
CONSUMER PROTECTION IN THE PROVISION OF PHYSICAL THERAPY
SERVICES: QUALIFICATIONS OF PERSONS PROVIDING PHYSICAL THERAPY
SERVICES
HOD 06-01-20-20 (Program 32) [Amended HOD 06-93-13-14; BOD 03-86-21-83; Initial
HOD 06-72-10-13]
It is the policy of the American Physical Therapy Association that:
Protection of the consumer requires that physical therapy services be provided only by,
or under the direction and supervision of, duly licensed physical therapists who have
successfully completed physical therapist professional education. Physical therapist
professional education includes graduates from 1926 to 1959 who have completed
physical therapy curricula approved by the appropriate accreditation bodies. It also
includes graduates from 1960 to the present who have successfully completed
professional physical therapy education programs accredited by the Commission on
Accreditation in Physical Therapy Education or determined to be equivalent.
Protection of the consumer further requires that the practice of physical therapists,
which includes examination, evaluation, diagnosis, prognosis, and intervention,
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complies with well-defined regulations. In addition, physical therapist assistants,
under the direction and supervision of the physical therapist, are the only
individuals who assist in the provision of selected physical therapy interventions.
The physical therapist assistant is a graduate of a physical therapist assistant
program accredited by the Commission on Accreditation in Physical Therapy
Education and is licensed or otherwise regulated.
DISTINCTION BETWEEN THE PHYSICAL THERAPIST AND THE PHYSICAL
THERAPIST ASSISTANT IN PHYSICAL THERAPY
HOD 06-01-18-19 (Program 32, Practice Dept.) [Initial HOD 06-96-24-39]
It is the position of the American Physical Therapy Association that:
The American Physical Therapy Association (APTA) is committed to promoting the
physical therapist as the professional practitioner of physical therapy and promoting
the physical therapist assistant as the only individual who assists the physical therapist
in the provision of selected physical therapy interventions. The APTA is further
committed to incorporating this concept into all Association policies, positions and
program activities, wherever applicable.
Professional: The term, “professional,” when used in reference to physical therapy
services, denotes the physical therapist.
Physical Therapist Assistant: The physical therapist assistant is an educated individual
who works under the direction and supervision of a physical therapist. The physical
therapist assistant is the only individual who assists the physical therapist in
accordance with APTA’s policies and positions in the delivery of selected physical
therapy interventions. The physical therapist assistant is a graduate of a physical
therapist assistant education program accredited by the Commission on Accreditation
in Physical Therapy Education.
Practice: The practice of physical therapy is conducted by the physical therapist.
PROVISION OF PHYSICAL THERAPY INTERVENTIONS AND RELATED TASKS
HOD 06-00-17-28 (Program 32, Practice Dept.) [Retitled: Position on Physical Therapy
Intervention, Amended 06-99-10-12]
It is the position of the American Physical Therapy Association that:
Physical therapists are the only professionals who provide physical therapy
interventions. Physical therapist assistants are the only individuals who provide
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selected physical therapy interventions under the direction and at least general
supervision of the physical therapist.
Physical therapy aides are any support personnel who perform designated tasks related to the
operation of the physical therapy service. Tasks are those activities that do not require the
clinical decision making of the physical therapist or the clinical problem solving of the physical
therapist assistant. Tasks related to patient/client management must be assigned to the physical
therapy aide by the physical therapist, or where allowable by law, the physical therapist assistant,
and may only be performed by the aide under direct personal supervision of the physical
therapist, or where allowable by law, the physical therapist assistant. Direct personal supervision
requires that the physical therapist, or where allowable by law, the physical therapist assistant, be
physically present and immediately available to direct and supervise tasks that are related to
patient/client management. The direction and supervision is continuous throughout the time these
tasks are performed. The physical therapist or physical therapist assistant must have direct
contact with the patient/client during each session. Telecommunications does not meet the
requirement of direct personal supervision.
CONTINUING EDUCATION
HOD 06-95-21-12 (Program 65, Professional Development Dept.) [Initial HOD 06-73-2420]
It is the position of the American Physical Therapy Association that:
A. The reasons for continuing education in physical therapy can be categorically
divided into three groups:
1. To expand the scope of knowledge.
2. For individual self-fulfillment.
3. To increase the profession's contribution to society.
B. In fulfilling its function established by the American Physical Therapy Association
(APTA) Bylaws, the APTA should direct its efforts in the area of continuing education
to a three-fold plan:
1. To provide continuing education opportunities to permit physical therapists
and physical therapist assistants to update their proficiency levels.
2. To provide continuing education opportunities to permit physical therapists
and physical therapist assistants to fulfill the individual needs cited above.
3. To provide continuing education that will foster the advancement of the
science of physical therapy to the benefit of recipients of the service.
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Realizing, however, that the member's opportunities for continuing education vary
geographically, institutionally, and economically, the APTA does not support
continuing education as a requirement for membership renewal in the Association.
C. Physical Therapist
Every physical therapist is obligated to practice at or above the level determined to be
the minimal acceptable standard that will assure safe patient/client care.
Every physical therapist has the right to determine and reach a preferred level of
practice above the minimum level of practice. The quality of continuing education
needed to reach this preferred level is an individual matter and depends upon the
physical therapist's self-assessed needs and goals. The quality relates to the nature of
the means (which) he/she selects for reaching those self-determined goals.
D. Physical Therapist Assistant
Every physical therapist assistant is obligated to perform physical therapy procedures
and related tasks at or above the level determined to be the minimal acceptable
standard that will assure safe patient care.
Every physical therapist assistant has the right to determine and reach a preferred level
of performance above the minimum level. The quality of continuing education needed
to reach this preferred level is an individual matter and depends upon the physical
therapist assistant's self-assessed needs and goals. The quality relates to the nature of
the means (which) he/she selects for reaching those self-determined goals.
DOCUMENTATION AUTHORITY FOR PHYSICAL THERAPY SERVICES
HOD 06-00-20-05 (Program 32) [Amended HOD 06-98-11-11; Initial HOD 06-97-15-23]
It is the position of the American Physical Therapy Association that:
Physical therapy examination, evaluation, diagnosis, prognosis and intervention shall
be documented, dated, and authenticated by the physical therapist who performs the
service. Intervention provided by the physical therapist or selected interventions
provided by the physical therapist assistant is documented, dated, and authenticated by
the physical therapist or, when permissible by law, the physical therapist assistant.
Other notations or flow charts are considered a component of the documented record
but do not meet the requirements of documentation in, or of, themselves.
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Students in physical therapist or physical therapist assistant programs may document
when the record is additionally authenticated by the physical therapist or, when
permissible by law, documentation by physical therapist assistant students may be
authenticated by a physical therapist assistant.
SUPERVISION OF STUDENT PHYSICAL THERAPIST ASSISTANTS
HOD 06-00-19-31 (Program 32, Practice Dept.) [Amended HOD 06-96-20-35; Amended
HOD 06-95-20-11]
It is the position of the American Physical Therapy Association that:
Student physical therapist assistants, when participating as part of a physical therapist
assistant education curriculum and when acting in accordance with American Physical
Therapy Association policy and applicable state laws and regulations, are qualified to
perform selected physical therapy interventions under the direction and direct
supervision of either the physical therapist alone or the physical therapist and physical
therapist assistant. The physical therapist is responsible for patient/client management.
Direct supervision means the physical therapist is physically present and immediately
available for direction and supervision. The physical therapist will have direct contact
with the patient/client during each visit that is defined in the Guide to Physical Therapist
Practice. Telecommunications does not meet the requirement of direct supervision.
DESIGNATION "PT," "PTA," "SPT,” AND "SPTA"
HOD 06-03-17-14 (Program 32, Practice Dept.) [Amended HOD 06-99-23-29; HOD 0678-05-04; HOD 06-85-38-66]
It is the position of the American Physical Therapy Association that:
The American Physical Therapy Association (APTA) supports the use of “PT” as the
regulatory designation of a physical therapist. Other letter designations such as “RPT,”
“LPT” or academic and professional degrees, should not be substituted for the
regulatory designation of “PT.” “PTA” is the preferred regulatory designation of a
physical therapist assistant.
The APTA supports the recognition of the regulatory designation of a physical therapist
or a physical therapist assistant as taking precedence over other credentials or letter
designations. In order to promote consistent communication of the presentation of
credentials and letter designations, the Association shall recognize the following
preferred order:
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1. PT/PTA
2. Highest Earned Physical Therapy-Related Degree
3. Other earned Academic Degree(s)
4. Specialist Certification Credentials in alphabetical order (specific to the
American Board of Physical Therapy Specialties)
5. Other Credentials External to APTA
6. Other Certification or Professional Honors (eg, FAPTA)
The APTA supports the designations “SPT” and “SPTA” for physical therapist students
and physical therapist assistant students, respectively, up to the time of graduation.
Following graduation and prior to licensure, graduates should be designated in
accordance with state law. If state law does not stipulate a specific designation,
graduates should be designated in a way that clearly identifies that they are not
licensed physical therapists or licensed or regulated physical therapist assistants.
PHYSICAL THERAPIST AND PHYSICAL THERAPIST ASSISTANT
LICENSURE/REGULATION
HOD 06-00-21-33 (Program 32) [Retitled: Position on Physical Therapist and Physical
Therapist Assistant Licensure, Amended HOD 06-99-13-16; Initial HOD 06-91-25-33]
It is the position of the American Physical Therapy Association that:
Physical therapists are licensed and physical therapist assistants should be licensed or
otherwise regulated in all U.S. jurisdictions. State regulation of physical therapists and
physical therapist assistants should at a minimum: (1) require graduation from an
accredited physical therapy education program (or in the case of an internationallyeducated physical therapist, an equivalent education), (2) require passing an entry-level
competency exam, (3) provide title protection, and (4) allow for disciplinary action.
Additionally, physical therapists’ licensure should include a defined scope of practice.
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CONTINUING EDUCATION FOR THE PHYSICAL THERAPIST ASSISTANT
HOD 06-01-22-23 (Program 60)
It is the position of the American Physical Therapy Association that:
Physical therapist assistants may participate in continuing education that includes and
teaches subject matter and interventions that differ from the description of entry-level
skills as described in the Normative Model of Physical Therapist Assistant Education.
Physical therapist assistants may use the interventions taught in continuing education
only as consistent with American Physical Therapy Association [policies, positions,
guidelines, standards, and Code of Ethics] and under the direction and supervision of
the physical therapist.
POST ENTRY-LEVEL EDUCATION AND RECOGNITION OF ENHANCED
PROFICIENCY FOR THE PHYSICAL THERAPIST ASSISTANT
HOD 06-03-26-23 (Program 60)
It is the position of the American Physical Therapy Association that:
Career development is essential for the physical therapist assistant and includes clinical
experience, continuing education, increased skill proficiency, clinical mentoring, and
the recognition thereof.
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NEW ENGLAND REGULATIONS
CONNECTICUT GENERAL STATUTES
CHAPTER 376
PHYSICAL THERAPISTS
Section 20-66. Definitions. As used in this chapter:
(1) "Physical therapist" means a person licensed to practice physical therapy in
Connecticut as defined in subdivision (2) of this section;
(2) "Physical therapy" means the evaluation and treatment of any person by the
employment of the effective properties of physical measures, the performance of tests
and measurements as an aid to evaluation of function and the use of therapeutic
exercises and rehabilitative procedures, with or without assistive devices, for the
purpose of preventing, correcting or alleviating a physical or mental disability. Physical
therapy includes the establishment and modification of physical therapy programs,
treatment planning, instruction, wellness care, peer review and consultative services.
The term "physical therapy" does not include the use of cauterization or the use of
Roentgen rays or radium for diagnostic or therapeutic purposes; and
(3) "Physical therapist assistant" means (A) a graduate of a physical therapist assistant
program approved by the State Board of Examiners for Physical Therapists, with the
consent of the Commissioner of Public Health, (B) a graduate of a United States physical
therapy school approved by the Board of Examiners for Physical Therapists, or (C) a
person who has completed twenty years of employment as a physical therapist assistant
prior to October 1, 1989; and
(4) “Assist in the practice of physical therapy” means the treatment of any person by the
employment of the effective properties of physical measures and the use of therapeutic
exercises and rehabilitative procedures, with or without assistive devices, for the
purpose of preventing, correcting or alleviating a physical or mental disability, but does
not include the interpretation of referrals, initial or discharge evaluation or assessment,
or determination or modification of treatment or discharge plans; and
(5) “Wellness care” means services related to conditioning, strength training, fitness,
workplace ergonomics or injury prevention.
Section 20-67. Board of Examiners for Physical Therapists. The Connecticut State
Board of Examiners for Physical Therapists shall consist of one physician, two physical
therapists and two public members, appointed by the governor, subject to the
provisions of section 4-9a. The governor may appoint the physical therapist members of
said board from a list of two names submitted by the Connecticut chapter of the
American Physical Therapy Association and may appoint the physician member from a
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name submitted by the Connecticut State Medical Society. Vacancies in said board shall
be filled by the governor for the unexpired portion of the term.
All appointments shall be subject to the provisions of section 4-10. No member shall
serve more than two consecutive full terms, commencing on and after July 1, 1981.
Section 20-68. Meetings. Powers and duties of board, its members and department of
public health. The board of examiners for physical therapists shall meet at least once
during each calendar quarter and at such other times as the chairman deems necessary
at a time and place to be designated by the board. The department of public health shall
administer the provisions of this chapter. The commissioner of public health, with
advice and assistance from the board, may adopt bylaws and regulations for the
transaction of the business of the board and the management of its affairs and for the
conduct of examinations. Three members of said board shall constitute a quorum and
special meetings shall be called upon the request of any three members. The board shall
keep a record of its proceedings under this chapter and of all persons licensed under the
provisions of section 20-70 or 20-71. On request of said board, the commissioner of
public works shall provide a suitable room for its meetings. The place and time of
examination shall be at the discretion of the department and held annually or more
often as, in the discretion of the department, the need requires. Said board shall keep a
list of all physical therapy schools which are approved by it, with the consent of the
commissioner of public health, as maintaining the standard for education in physical
therapy as established by said board, with the consent of the commissioner of public
health. Members shall not be compensated for their services. Any member who fails to
attend three consecutive meetings or who fails to attend fifty per cent of all meetings
held during any calendar year shall be deemed to have resigned from office. Minutes of
all meetings shall be recorded by the board. No member shall participate in the affairs
of the board during the pendency of any disciplinary proceedings by the board against
such member. No professional member shall be an elected or appointed officer of a
professional society of physical therapists or have been such an officer during the year
immediately preceding his appointment. Said board shall (1) hear and decide matters
concerning revocation or suspension of licensure, (2) adjudicate complaints against
practitioners and (3) impose sanctions where appropriate.
Section 20-70. Qualifications for examination for licensure. Practice pending
examination results. Reexamination.
(a) Any person who is a graduate of a school of physical therapy approved by the State
Board of Examiners for Physical Therapists, with the consent of the commissioner of
public health, or has successfully completed requirements for graduation from such
school shall be eligible for examination for licensure as a physical therapist upon the
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payment of a fee of two hundred twenty-five dollars. Said department with the consent
of the board shall determine the subject matter of such examination, which shall be
designed to show proficiency in physical therapy and related subjects, and shall
determine whether such examination shall be written, oral or practical, or a
combination. Passing scores shall be established by the department with the consent of
the board. Warning of such examination shall be given by said department not less than
two weeks in advance of the date set for the examination. If the applicant passes such
examination the department of public health shall issue to such applicant a license to
practice physical therapy.
(b) Any person who is a graduate of an approved United States physical therapy school
and who has filed an application with the department may, between the dates of filing
and the publication of the results of the next succeeding examination, practice as a
physical therapist under the direct and immediate supervision of a licensed physical
therapist in this state. If the person practicing pursuant to this section fails to pass the
examination, all privileges under this section shall automatically cease.
(c) Any applicant who fails to pass the examination prescribed by said department with
the consent of the board may take a subsequent examination on payment of an
additional application fee.
Section 20-70a. Special provision for applicants who are graduates of foreign physical
therapy schools. Any applicant for examination for licensure as a physical therapist
whose application is based on a diploma issued to him by a foreign physical therapy
school shall furnish documentary evidence, satisfactory to the department that the
requirements for graduation are similar to or higher than those required of graduates of
approved United States schools of therapy. Any applicant under this section whose
application has been filed and approved by said department may, between the dates of
filing and the publication of the results of the next succeeding examination, practice as a
physical therapist under the continuous direction and immediate supervision of a
physical therapist licensed to practice in this state, in a licensed health care facility,
provided this privilege shall automatically cease on failure of an applicant to pass the
examination.
Section 20-71. Registration without examination. The department may issue a license
without examination, on payment of a fee of two hundred twenty-five dollars, to an
applicant who is a physical therapist registered or licensed under the laws of any other
state or territory of the United States, any province of Canada or any other country, if
the requirements for registration or licensure of physical therapists in such state,
territory, province or country were at the time of application, similar to or higher than
the requirements in force in this state.
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Section 20-73. *(See end of section for amended version and effective date.) Use of
title "Registered Physical Therapist" or "Licensed Physical Therapist". Fraud in
obtaining registration. Practice regulated. Revocation of license. Physical therapy
assistant registration.
(a) (1) No person may practice as a physical therapist as unless licensed pursuant to this
chapter. No person may use the term "Registered Physical Therapist", "Licensed
Physical Therapist" or "Physical Therapist" or the letters "R.P.T.", "L.P.T." or any other
letters, words or insignia indicating or implying licensure as a physical therapist in this
state unless the person is so licensed.
(2) The treatment of human ailments by physical therapy shall only be performed by a
person licensed under the provisions of this chapter as a physical therapist upon the
oral or written referral of a person licensed in this state or in a bordering state having
licensing requirements meeting the approval of the appropriate examining board in this
state to practice medicine and surgery, osteopathy, podiatry, natureopathy, chiropractic
or dentistry, or an advanced practice registered nurse licensed to prescribe in
accordance with section 20-94a or a physician assistant licensed to prescribe in
accordance with section 20-12d. Nothing in this section shall prevent a physical
therapist form providing wellness care within the scope of physical therapy practice to
asymptomatic persons without a referral. Nothing in this section shall require an
employer or insurer to pay for such wellness care. (3) Any person who violates the
provisions of this section or who obtains or attempts to obtain licensure as a physical
therapist by any willful misrepresentation or any fraudulent representation shall be
fined not more than five hundred dollars or imprisoned not more than five years, or
both. A physical therapist or dentist who violates the provisions of this section shall be
subject to revocation of his license in the same manner as is provided under section 19a17, or in the case of a healing arts practitioner, section 20-45. For purposes of this section
each instance of patient contact or consultation which is in violation of any provision of
this section shall constitute a separate offense. Failure to renew a license in a timely
manner shall not constitute a violation for the purposes of this section.
(b) Each physical therapist assistant who is assisting in the practice of physical therapy
under the supervision of a licensed physical therapist as defined in section 20-66, as
amended by this act, shall, upon payment of an application fee of twenty-five dollars,
register with the Department of Public Health on a form furnished by the department,
giving the physical therapist assistant’s name in full, the physical therapist assistant’s
residence and business address and such other information as the department requests.
Each physical therapist assistant shall notify the department in writing no later than
thirty days after the date of any change in such name or residence or business
addresses. A physical therapists assistant shall not practice physical therapy assisting
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without registering with the department pursuant to this section. The commissioner
may, upon receipt of notification and investigation, assess a civil penalty of not more
than one hundred dollars against any physical therapist assistant who has practiced
physical therapy assisting without first registering with the department.
(d) Nothing in this section shall prohibit or limit the ability of a person licensed or
certified in a field other than physical therapy from providing wellness care that is
within the scope of such person’s practice.
*Note: On and after the later of October 1, 2000, or the date notice is published by the
Commissioner of Public Health in the Connecticut Law Journal indicating that the
licensing of athletic trainers and physical therapist assistants is implemented by the
commissioner, this section, amended by section 15 of public act 00-226, is read as
follows:
Section 20-73a. Charges against registrant, verification, hearing. Grounds for
disciplinary action. Appeal. The Board of Examiners for Physical Therapists shall have
jurisdiction to hear all charges of conduct which fails to conform to the accepted
standards of the practice of physical therapy brought against any person licensed as a
physical therapist and, after holding a hearing, written notice of which shall be given
the person complained of, said board, if it finds such person to be guilty, may revoke or
suspend his license or take any of the actions set forth in section 19a-17. Any
proceedings relative to such action may be begun by the filing of written charges with
the commissioner of public health. The causes for which such action may be taken are
as follows: Conviction in a court of competent jurisdiction, either within or without this
state, of any crime in the practice of his profession; illegal, incompetent or negligent
conduct in the practice of physical therapy or in the supervision of a physical therapy
assistant; aiding or abetting the unlawful practice of physical therapy; treating human
ailments by physical therapy without the oral or written referral by a person licensed in
this state or in a bordering state having licensing requirements meeting the approval of
the appropriate examining board in this state to practice medicine and surgery,
osteopathy, podiatry, natureopathy, chiropractic or dentistry; failure to register with the
department of public health as required by law; fraud or deception in obtaining a
license; engaging in fraud or material deception in the course of professional services or
activities; or violation of any provision of this chapter, or any regulation adopted
hereunder. The clerk of any court in this state in which a person practicing physical
therapy has been convicted of any crime as described in this section shall, immediately
after such conviction, transmit a certified copy, in duplicate, of the information and
judgment, without charge, to the department of public health, containing the name and
address of the physical therapist, the crime of which he has been convicted and the date
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of conviction. The hearing on such charges shall be conducted in accordance with the
regulations adopted by the commissioner of public health. Any person aggrieved by
any decision of said board may appeal there from as provided in section 4-183. Such
appeal shall have precedence over nonprivileged cases in respect to order of trial. The
attorney general shall act as attorney in the public interest in defending against such an
appeal. The board may petition the superior court for the judicial district of HartfordNew Britain to enforce any action taken pursuant to section 19a-17.
Section 20-74. Construction. No provision of this chapter shall confer any authority to
practice medicine or surgery, nor shall this chapter prohibit the incidental care of the
sick by domestic servants or by persons principally employed as housekeepers or as
athletic trainers, nor prohibit any person from the domestic administration of family
remedies or the furnishing of assistance in the case of emergency. It shall not prohibit
persons registered under the provisions of chapter 371, 372, 373, 375, or 378 from
administering care to patients, nor shall it prohibit the care of the sick with or without
compensation or personal profit in connection with the practice of the religious tenets of
any church by adherents thereof, provided such persons shall not otherwise engage in
the practice of physical therapy within the meaning of this chapter. It shall not prohibit
students who are enrolled in schools or courses of physical therapy or physical therapist
assistant programs approved by the Board of Examiners for Physical Therapists with
the consent of the commissioner of public health from performing such work as is
incidental to their respective courses of study; nor shall it prohibit any physical
therapist from another state from doing such therapist's work or other physical therapy
activities as is incidental to his course of study when taking or giving a postgraduate
course or other courses of study in this state which is approved by said board. It shall
not prohibit any person who is a physical therapist assistant from assisting in the
practice of physical therapy under the supervision of a licensed physical therapist
provided such assistance is limited to the treatment of a person by the employment of
the effective properties of physical measures and the use of therapeutic exercises and
rehabilitative procedures, with or without assistive devices, for the purpose of
preventing, correcting or alleviating a physical or mental disability, and does not
include the interpretation of referrals, initial or discharge evaluation or assessment, or
determination or modification of treatment or discharge plans. Any physical therapist
who is a graduate from a school approved by said Board of Examiners with the consent
of the commissioner of public health but not licensed in this state may, with the
approval of said department and upon obtaining a temporary certificate from said
department, practice physical therapy in this state on a temporary basis for a period of
six months, which period may be extended upon request at the discretion of the
department, provided (1) such physical therapist shall not represent himself as being
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licensed to practice in this state and (2) application for licensure by examination,
reciprocity or endorsement shall be filed with said department within six months after
starting such practice. Persons in the service of the federal government are excluded
from the provisions of this chapter. For the purposes of this section, supervision means
the overseeing of or the participation in the work of a physical therapist assistant by a
licensed physical therapist including but not limited to (1) continuous availability or
direct communication between the physical therapist assistant and a licensed physical
therapist; (2) availability of a licensed physical therapist on a regularly scheduled basis
to (A) review the practice of the physical therapist assistant and (B) support the physical
therapist assistant in the performance of his services; and (3) a predetermined plan for
emergency situations, including the designation of an alternate licensed physical
therapist in the absence of the regular licensed physical therapist.
Provisions of Public Act No. 03-209, Section 5
(NEW) (Effective October 1, 2003) (a) Each physical therapist licensed pursuant to chapter
376 of the general statutes shall complete a minimum of twenty hours of continuing
education during each registration period. For purposes of this section, registration
period means the twelve-month period for which a license has been renewed in
accordance with section 19a-88 of the general statutes and is current and valid. The
continuing education shall be in areas related to the individual's practice.
(b) Each licensee shall obtain a certificate of completion from the provider of continuing
education activities for all continuing education hours successfully completed. Each
licensee shall maintain such written documentation for a minimum of three years
following the license renewal date for which the activity satisfies continuing education
requirements. Certificates of completion shall be submitted by the licensee to the
Department of Public Health upon the department's request. A licensee who fails to
comply with the continuing education requirements may be subject to disciplinary
action pursuant to section 20-73a of the general statutes.
(c) The continuing education requirements shall be waived for licensees applying for
licensure renewal for the first time. The department may, for a licensee who has a
medical disability or illness, grant a waiver of the continuing education requirements
for a specific period of time or may grant the licensee an extension of time in which to
fulfill the requirements.
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CONNECTICUT REQUIREMENTS FOR PHYSICAL THERAPY LICENSURE
Eligibility
An applicant for licensure must meet the eligibility requirements outlined below:
1. Successful completion of a program of study approved by the American Physical
Therapy Association; or Foreign-trained individuals must document successful
completion of a bachelor’s degree in physical therapy with all credits being awarded by
an institution of higher learning that confers at least a bachelor’s degree in physical
therapy which is approved by the country’s Ministry of Education/Health. The physical
therapy program must provide the equivalent of at least 120 semester hours of college
level instruction, including not less than 60 semester hours of professional (physical
therapy) education and not less than 50 semester hours of general education. The
applicant has the opportunity to meet the objective of one hundred twenty (120)
semester hour credits by utilizing additional elective credits in either professional or
general education beyond the minimal requirements. A credential evaluation,
submitted directly by the Foreign Credentialing Commission on Physical Therapy (see
below) is required for all foreign-trained applicants.
2. Successful completion of the National Physical Therapy Examination (NPTE) or
current certification by the American Registry of Physical Therapists (ARPT).
Connecticut’s passing score is the criterion-referenced passing score for the respective
administration of the examination. For applicants who took the examination prior to
February, 1996, but after February, 1991, the passing score is 1.5 standard deviations
below the national mean. For applicants who took the examination prior to February,
1991, the passing score is 1.5 standard deviation below the national mean for each of the
three parts.
Documentation Requirements: The following must be submitted directly to this office:
1. Completed, notarized application with photograph and fee of $225.00 in the form of a
certified bank check or money order payable to, “Treasurer, State of Connecticut.”
Personal checks or cash will not be accepted. This fee is non-refundable should an
applicant be found ineligible for licensure.
2. Official transcript showing date of graduation and award of degree. For applicants
seeking to establish examination eligibility and/or a temporary permit, a certificate from
the Dean or Registrar of the school, mailed directly from the school to the Department
of Public Health, indicating the date on which all requirements is acceptable until a final
official transcript can be issued. Foreign-trained applicants must also arrange for the
submission of the following:
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• A credentials evaluation sent directly to this office by the following credentialing
agency: Foreign Credentialing Commission on Physical Therapy; 511 Wythe Street
Alexandria, VA 22314-1917; (703) 684-8406; http://www.fccpt.org/
• Transcripts arriving in a language other than English must be translated in
accordance with procedures established by this office. Instructions for obtaining a
translation will be provided upon receipt of the transcript from the foreign institution.
3. Official verification of the NPTE forwarded directly from the FSBPT Score Transfer
Service. The FSBPT Score Transfer Service may be reached by calling (703) 739-9420, or
by writing to 500 Montgomery St., Suite 120, Alexandria, VA 22314, or by visiting their
website at www.fsbpt.net/pt/. Applicants who have not yet taken the NPTE must
successfully complete the examination in order to be eligible for licensure. The
examination fee for the NPTE is $285.00. Please note that the NPTE fee will increase
from $285.00 to $400.00 for applicants taking the examination on or after January 1,
2005. Examination candidates may register in the following formats:
• Register online at www.fsbpt.net/pt/. The registration fee of $285.00 is payable by
credit card or certified check or money order. Applicants registering in this format must
be determined eligible by the Department before they will be allowed to sit for the
examination. While you may register online with FSBPT prior to being declared eligible
by the Department, applicants found ineligible may be subject to a processing fee by
FSBPT. Please contact FSBPT at (703) 739-9420 for questions regarding registration and
applicable fees.
• Register using scannable application forms. To obtain scannable application forms,
please contact the Department at (860) 509-7603. Completed scannable application
forms, accompanied with a certified check or money order in the amount of $285.00
(please note that the NPTE fee will increase from $285.00 to $400.00 for applicants
taking the examination on or after January 1, 2005) made payable to “FSBPT”, should
be mailed to the Department at: Physical Therapy Licensure, 410 Capitol Ave.
MS#12APP, P.O. Box 340308, Hartford, CT 06134-0308. Your scannable application
forms will not be forwarded to the FSBPT until you have been determined eligible for
examination.
NOTE: Incomplete scannable application forms, incorrect payments, or folded forms
will delay the processing of your application and scheduling for the examination.
4. Verification of all licenses held, current or expired. The verification of licensure form
(page 11 of this packet) must be forwarded to the appropriate authority in any U.S. state
or territory in which the applicant is or has ever been licensed. Most jurisdictions charge
a fee for completion of the verification form; contact the jurisdiction for fee information.
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TEMPORARY PERMIT
Recent graduates of an approved United States physical therapy school (or a school
deemed equivalent) may apply for a temporary permit which allows them to practice
under the direct and immediate supervision of a licensed physical therapist and is valid
only for four months from the date of completion of all requirements for the degree in
physical therapy. Applicants who have previously taken the examination, in any
jurisdiction, are not eligible for a temporary permit. In the event that the applicant
should fail the examination, the temporary permit shall become void. An applicant will
be issued a temporary permit when the Department receives the following: 1) The
Connecticut licensing application and licensing fee; 2) the scannable application and fee;
and 3) all supporting documents, including the physical therapist temporary permit
form. Please complete and forward to your supervisor, the enclosed physical therapist
temporary permit form. Upon receipt of this documentation, the Department will make
an eligibility determination. If deemed eligible for temporary permit, the permit will be
issued and mailed to your address of record.
Reinstatement of Lapsed Licenses:
Application for reinstatement of a previously held Connecticut physical therapist
license need only submit the following:
1. Completed, notarized application with photograph and fee of $225.00 in the form of a
certified bank check or money order payable to, “Treasurer, State of Connecticut.”
Personal checks or cash will not be accepted.
2. A written synopsis of professional activities since the lapse of your Connecticut
physical therapy license. Be sure to include your work history, positions held, dates of
employment and duties.
3. A letter directly to this office from your most recent employer confirming
employment dates, positions held and an evaluation of performance. If you were selfemployed, please arrange for a colleague with whom you may have had a referral
relationship with to supply similar information.
4. Verification of all licenses held, current or expired. The verification of licensure form
(page 11 of this packet) must be forwarded to the appropriate authority in any U.S. state
or territory in which the applicant is or has ever been licensed. Most jurisdictions charge
a fee for completion of the verification form; contact the jurisdiction for fee information.
All supporting documents should be sent directly to:
Department Of Public Health: Physical Therapy Licensure
410 Capitol Ave., MS# 12 APP
P.O. Box 340308
Hartford, CT 06134
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MAINE PHYSICAL THERAPIST PRACTICE ACT
All copyrights and other rights to statutory text are reserved by the State of Maine. The text
included in this publication is current to the end of the First Regular Session of the 121st
Legislature, which ended June 14, 2003, but is subject to change without notice. It is a version
that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes
Annotated and supplements for certified text.
PLEASE NOTE: The Revisor's Office cannot provide legal advice or interpretation of
Maine law. If you need such legal assistance, please contact a qualified attorney.
Chapter 45-A: PHYSICAL THERAPIST PRACTICE ACT
Section3111. Definitions
As used in this chapter, unless the context indicates otherwise, the following terms
shall have the following meanings. [1979, c. 555, Section 2.]
1. Board. "Board" means the Board of Examiners in Physical Therapy as created in
section 3112.
[1979, c. 555, Section 2 (new).]
2. Direction. "Direction" means continuing verbal and written contact by a physical
therapist with a physical therapist assistant including periodic on-site supervision
adequate to ensure the safety and welfare of the patient.
[1979, c. 555, Section 2 (new).]
3. Physical therapist. "Physical therapist" means a person who practices physical
therapy.
[1979, c. 555, Section 2 (new).]
4. Physical therapist assistant. "Physical therapist assistant" means a person who
assists in the practice of physical therapy.
[1979, c. 555, Section 2 (new).]
5. Physical Therapy. "Physical therapy" means the evaluation, treatment and
instruction of human beings to detect, assess, prevent, correct, alleviate and limit
physical disability, bodily malfunction and pain from injury, disease and any other
bodily condition; the administration, interpretation and evaluation of tests and
measurements of bodily functions and structures for the purpose of treatment planning;
the planning, administration, evaluation and modification of treatment and instruction;
and the use of physical agents and procedures, activities and devices for preventive and
therapeutic purposes; and the provision of consultative, educational and other advisory
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services for the purpose of reducing the incidence and severity of physical disability,
bodily malfunction and pain.
[1979, c. 555, Section 2 (new).]
6. Practice of physical therapy. "Practice of physical therapy" means the rendering
or offering to render any service involving physical therapy for a fee, salary or other
compensation, monetary or otherwise, paid directly or indirectly.
[1979, c. 555, Section 2 (new).]
7. Referral. "Referral" means the request of a doctor of medicine, surgery,
osteopathy, podiatry or dentistry to a physical therapist to accept one of his patients for
treatment.
[1983, c. 468, Section 9 (amd).]
Section3112. Board created; appointment; powers and duties
The Board of Examiners in Physical Therapy, as established by Title 5, section
12004-A, subsection 31, and within the Department of Professional and Financial
Regulation, shall consist of 2 physical therapists, one physical therapist assistant, one
physician and one public member. [1989, c. 503, Pt. B, Section138 (amd).]
1. Appointment. Members of the board are appointed by the Governor for a term
of 4 years. Appointments of members must comply with section 60.
A member of the board may be removed from office for cause by the Governor.
[1993, c. 600, Pt. A, Section196 (amd).]
2. Meetings. The board shall meet at least once a year to conduct its business and
to elect a chair and a secretary, who serve for 2 years. Additional meetings must be held
as necessary to conduct the business of the board and may be convened at the call of the
chair or a majority of the board members. The board shall keep records and minutes as
are necessary to the ordinary dispatch of its functions.
[1995, c. 397, Section49 (amd).]
3. Officers. The chairman shall be empowered to administer oaths in matters
connected with the duties of the board. The secretary shall keep accurate minutes of
meetings and carry on official correspondence.
[1979, c. 555, Section2 (new).]
4. Quorum. Three members of the board shall constitute a quorum for all
purposes.
[1983, c. 413, Section128 (rpr).]
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5. Powers and duties. The board shall have the following powers and duties:
A. To review the qualifications of applicants for licensure and to license physical
therapists and physical therapist assistants who qualify under this chapter;
[1979, c. 555, Section2 (new).]
B. To conduct physical therapist and physical therapist assistant examinations
and to establish passing standards;
[1979, c. 555, Section2 (new).]
C. To make rules in accordance with this chapter necessary for the enforcement
of its authority and performance of its duties consistent with the provisions of Title
5, chapter 375;
[1979, c. 555, Section2 (new).]
D.
[2003, c. 250, Pt. A, Section1 (rp).]
E. To order investigation of a complaint on its own motion or on written
complaint filed with the board regarding noncompliance with or violation of any
section of this chapter or of any rules adopted by the board;
[1979, c. 555, Section2 (new).]
F. To conduct hearings to assist with investigations, to determine whether
grounds exist for suspension, revocation or denial of a license, or as otherwise
deemed necessary to the fulfillment of its responsibilities under this chapter.
The board shall not refuse to renew a license for any reason other than failure to
pay a required fee, unless it has afforded the licensee an opportunity for an
adjudicatory hearing. The board shall hold an adjudicatory hearing at the written
request of any person who is denied a license without a hearing for any reason
other than failure to pay a required fee, provided that the request for hearing is
received by the board within 30 days of the applicant's receipt of written notice of
the denial of his application, the reasons therefor and his right to request a hearing.
Hearings shall be conducted in conformity with the Maine Administrative
Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The
board may subpoena witnesses, records and documents in any hearing it conducts;
[1983, c. 413, Section129 (rpr).]
G. After hearing, to censure or proceed as provided in section 3117.
[1979, c. 555, Section2 (new).]
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H. To maintain a register containing names and addresses of each person
licensed and other information that is considered necessary by the board and the
Commissioner of Professional and Financial Regulation. This information is open
for public inspection during regular office hours; and
[1999, c. 386, Pt. K, Section1 (amd).]
I. To submit, no later than August 1st of each year to the Commissioner of
Professional and Financial Regulation for the preceding fiscal year ending June 30th,
an annual report of its operations and financial position together with such
comments and recommendations as the board considers essential.
[1995, c. 397, Section50 (amd).]
J.
[1995, c. 397, Section51 (rp).]
K.
[1995, c. 397, Section52 (rp).]
[2003, c. 250, Pt. A, Section1 (amd).]
Section3113. License required; limitations and exceptions (REPEALED)
Section3113-A. License required; limitations and exceptions
A person may not practice or profess to be authorized to practice as a physical
therapist in this State or use the words "physical therapist" or the letters "P.T." or other
words or letters to indicate that the person using those words or letters is a licensed
physical therapist unless that person is licensed in accordance with the provisions of
this chapter. [1991, c. 178, Section3 (new).]
After one year from the effective date of this chapter, a person may not act or
profess to be able to act as a physical therapist assistant in this State or use the words
"physical therapist assistant" or the letters "P.T.A." or other words or letters to indicate
that the person using those words or letters is a licensed physical therapist assistant
unless that person is licensed in accordance with the provisions of this chapter. [1991, c.
178, Section3 (new).]
Nothing in this chapter may be construed as authorizing a physical therapist or
physical therapist assistant, licensed or not licensed, to practice medicine, osteopathy,
dentistry, chiropractic or any other form of healing, except that physical therapists may
utilize manipulative techniques if practiced within the scope of their profession.
Physical therapists may not apply manipulative thrust to the vertebrae of the spine
except upon consultation with, and referral by, a duly licensed doctor of medicine,
surgery, chiropractic or osteopathy. A licensed physical therapist or physical therapist
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assistant may not administer drugs except upon the referral of a duly licensed doctor of
medicine, surgery, osteopathy, podiatry or dentistry, and may not use roentgen rays or
radium or use electricity for surgical purposes. A licensed physical therapist assistant
may act only under the direction of a physical therapist licensed to practice in this
State. [1991, c. 178, Section3 (new).]
When treating a patient without referral from a doctor of medicine, osteopathy,
podiatry, dentistry or chiropractic, the physical therapist or physical therapist assistant
is subject to the following requirements. [1991, c. 178, Section3 (new).]
1. No medical diagnosis. A physical therapist or physical therapist assistant may
not make a medical diagnosis. The physical therapist or physical therapist assistant
shall refer to a licensed doctor of medicine, osteopathy, podiatry, dentistry or
chiropractic a patient whose physical condition, either at the initial evaluation or during
subsequent treatment, the physical therapist or physical therapist assistant determines
to be beyond the scope of the practice of the physical therapist or physical therapist
assistant.
[1991, c. 178, Section3 (new).]
2. No improvement. If no improvement in the patient is documented by the
physical therapist or physical therapist assistant within 30 days of initiation of
treatment, the physical therapist or physical therapist assistant shall refer the patient to
a licensed doctor of medicine, osteopathy, podiatry, dentistry or chiropractic.
[1991, c. 178, Section3 (new).]
3. Length of treatment. For treatment required beyond 120 days, the physical
therapist or physical therapist assistant shall consult with, or refer the patient to, a
licensed doctor of medicine, surgery, osteopathy, podiatry, dentistry or chiropractic.
The physical therapist or physical therapist assistant shall document the action taken.
[1991, c. 178, Section3 (new).]
An employer is not liable under Title 39-A, section 206 for charges for services of a
physical therapist or physical therapist assistant unless the employee has been referred
to that practitioner by a licensed doctor of medicine, surgery, osteopathy, chiropractic,
podiatry or dentistry. [1991, c. 885, Pt. E, Section41 (amd); Section47 (aff).]
Section3113-B. Construction
Nothing in this chapter prohibits: [1991, c. 178, Section3 (new).]
1. Engaging in licensed practice. Any person licensed in this State under any other
provision of law from engaging in the practice for which that person is licensed;
[1991, c. 178, Section3 (new).]
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2. Federal officials. Any person serving in the United States Armed Services or
public health service or employed by the Veterans' Administration or other federal
agency from performing that person's official duties, provided the duties are limited to
that service or employment;
[1991, c. 178, Section3 (new).]
3. Persons employed by licensed doctors. Any person employed by and under the
control of a duly licensed doctor in that doctor's office from administering physical
therapy modalities, providing that person does not profess to be a physical therapist or
physical therapist assistant or use words or letters to indicate that the person is a
licensed physical therapist or physical therapist assistant;
[1991, c. 178, Section3 (new).]
4. Graduate physical therapist or assistant. The supervised practice of a graduate
physical therapist or graduate physical therapist assistant, who is approved by the
board to sit for examination, until the results of the examination have been published.
The graduate must work in a facility employing at least one physical therapist licensed
to practice in this State who assumes responsibility for patient-related activities of the
applicant. This responsibility must be verified in advance of the graduate engaging in
the practice of physical therapy pursuant to this section. That verification must be
accompanied by the supervising physical therapist filing a supervisor's affidavit with
the board on a form provided by the board;
[1999, c. 386, Pt. K, Section2 (amd).]
5. Student physical therapist or assistant. The supervised practice of physical
therapy by a student enrolled in an accredited physical therapist or physical therapist
assistant program who indicates that that person is a "student"; or
[1991, c. 178, Section3 (new).]
6. Delegation to aides or assistants. Any physical therapist licensed pursuant to
this chapter from delegating to a physical therapy aide or licensed physical therapist
assistant treatment procedures or patient-related activities commensurate with the
education and training of the person, but not including interpretation of referrals,
performance or evaluation procedures or determination and modification of patient
treatment programs. The board shall adopt rules governing supervision of physical
therapy aides and licensed physical therapist assistants.
[1991, c. 178, Section3 (new).]
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Section3114. Application; qualification; licensure by examination (REPEALED)
Section3114-A. Qualification; application
1. Qualification. To qualify for a license as a physical therapist or physical
therapist assistant, an applicant must meet the following requirements:
A. Demonstrate that the applicant is trustworthy and competent to engage in
practice as a physical therapist or physical therapist assistant in such manner as to
safeguard the interests of the public;
[1999, c. 386, Pt. K, Section3 (amd).]
B. Be a graduate of an educational program for the physical therapist or the
physical therapist assistant that is accredited by an agency recognized by the United
States Commissioner of Education or the Council on Post-Secondary Accreditation,
or both, and approved by the board; or if the applicant has been trained in another
country, present satisfactory evidence that the applicant has graduated from a
school of physical therapy approved or accredited in the country where the school is
located and have educational credentials equivalent to those of the United States
trained physical therapist or physical therapist assistant; and
[1999, c. 386, Pt. K, Section3 (amd).]
C. Pass an examination, approved by the board, to determine the applicant's
fitness to practice as a physical therapist or to act as a physical therapist assistant.
The board may waive the examination requirement for an applicant who is
currently licensed in another state by virtue of having previously passed a
qualifying examination acceptable to the board, provided that the passing standards
for the examination were equivalent to those then required by the law of this State.
[1983, c. 413, Section133 (amd).]
Applicants trained in another country must demonstrate proficiency in written and
spoken English.
[1999, c. 386, Pt. K, Section3 (amd).]
2. Application. To apply for a license as a physical therapist or physical therapist
assistant, an applicant shall:
A. Submit a written application with supporting documents to the board on
forms provided by the board; and
[1983, c. 413, Section134 (rpr).]
B. Pay an application fee as set under section 3116-A.
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[2003, c. 250, Pt. A, Section2 (amd).]
C.
[1983, c. 413, Section135 (rp).]
In case the application is denied and permission to take the examination refused, the
examination fee only must be returned to the applicant. An applicant who fails to pass
the examination is entitled to a reexamination within 6 months upon repayment of the
examination fee only. If an applicant fails one section of the examination, that applicant
must repeat the entire examination. An applicant may not take any part of the
examination more than 3 times, unless that applicant submits evidence of having
acquired additional formal education related to the previously failed examination
section or sections.
[2003, c. 250, Pt. A, Section2 (amd).]
Section3115. Licensure
The board shall license an applicant who meets the requirements of this chapter and
pays the biennial licensure fee as set under section 3116-A. The fee for original licenses
effective for one year or less during the biennial licensing period is 1/2 the fee set under
section 3116-A. Each person licensed receives a certificate. Every certificate of licensure
and renewal certificate for the current biennium must be conspicuously displayed at the
place of employment of the licensee. A certificate of licensure as a physical therapist
entitles the person to whom it is granted to engage in the practice of physical therapy
anywhere in this State and to use the words "physical therapist" or letters "P.T." to
indicate that the person is licensed in this State. A certificate of licensure as a physical
therapist assistant entitles the person to whom it is granted to act as a physical therapist
assistant and to use the words "physical therapist assistant" or letters "P.T.A." to
indicate that the person is licensed in this State. [2003, c. 250, Pt. A, Section3 (amd).]
Section3116. Biennial licensure renewal
All licenses must be renewed biennially on or before March 31st of each evennumbered year or at such other times as the Commissioner of Professional and
Financial Regulation may designate upon application by the licensee accompanied by
the fee set under section 3116-A. Any license not renewed by March 31st automatically
expires. The board may renew an expired license if the renewal notice is returned
within 90 days of the expiration date and upon payment of a late fee in addition to the
renewal fee. A person who submits an application for renewal more than 90 days after
the license expiration date is subject to all requirements governing new applicants
under this chapter, except that the board may in its discretion, giving due consideration
to the protection of the public, waive examination if the renewal application is made
within 2 years from the date of that expiration. [2003, c. 250, Pt. A, Section4 (amd).]
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Section3116-A. Fees
The Director of the Office of Licensing and Registration within the Department of
Professional and Financial Regulation may establish by rule fees for purposes
authorized under this chapter in amounts that are reasonable and necessary for their
respective purposes, except that the fee for any one purpose may not exceed $100
biennially. Rules adopted pursuant to this section are routine technical rules as defined
in Title 5, chapter 375, subchapter 2-A. [2003, c. 250, Pt. A, Section5 (new).]
Section3117. Revocation and reissuance (REPEALED)
Section3117-A. Revocation and reissuance
The board may suspend or revoke a license pursuant to Title 5, section 10004. In
addition, the board may refuse to issue or renew a license or the District Court may
revoke, suspend or refuse to renew a license of a physical therapist or physical therapist
assistant for any of the following reasons: [1983, c. 413, Section139 (new); 1999, c. 547,
Pt. B, Section78 (amd); Section80 (aff).]
1. Fraud. The practice of fraud or deceit in obtaining a license under this chapter or
in connection with service rendered as a licensed physical therapist or physical
therapist assistant;
[1983, c. 413, Section139 (new).]
2. Addiction. Addiction, as confirmed by medical findings, to the use of alcohol or
other drugs, which has resulted in the licensed physical therapist or physical therapist
assistant being unable to perform his duties or perform those duties in a manner which
would not endanger the health or safety of the patients to be served; [1983, c. 413,
Section139 (new).]
3. Incompetency. A medical finding of mental incompetency; [1983, c. 413,
Section139 (new).]
4. Accomplice. Aiding or abetting a person not duly licensed as a licensed physical
therapist or physical therapist assistant in representing himself as a licensed physical
therapist or physical therapist assistant; [1983, c. 413, Section139 (new).]
5. Misconduct. Any gross negligence, incompetency or misconduct in the practice
of physical therapy; [1983, c. 413, Section139 (new).]
6. Criminal conviction. Subject to the limitations of Title 5, chapter 341, conviction
of a Class A, B or C crime or of a crime which, if committed in this State, would be
punishable by one year or more of imprisonment; or [1983, c. 413, Section139 (new).]
7. Violation. Any violation of this chapter or any rule adopted by the board.
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[1983, c. 413, Section139 (new).]
Section3118. Penalties; injunction
1. Penalties. Any person who practices, or holds himself out as authorized to
practice, as a physical therapist in this State without first obtaining a license as required
by this chapter, or after the license has expired or has been suspended or revoked or
temporarily suspended or revoked, is guilty of a Class E crime. [1983, c. 413, Section139
(new).]
2. Injunction. The State may bring an action in Superior Court to enjoin any person
from violating this chapter, regardless of whether proceedings have been or may be
instituted in the District Court or whether criminal proceedings have been or may be
instituted. [1983, c. 413, Section139 (new); 1999, c. 547, Pt. B, Section78 (amd); Section80
(aff).]
Section3119. Receipts and disbursements (REPEALED)
02
DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
393
BOARD OF EXAMINERS IN PHYSICAL THERAPY
Chapter 1:
DEFINITIONS
Summary: This chapter defines certain professional terms used throughout the
board’s rules.
1.
APTA. “APTA” means the American Physical Therapy Association.
2.
ASI. “ASI” means the Assessment Systems, Inc.
3.
Associate Degree. “Associate Degree” means the traditional degree given by an
institution of higher learning after two years of undergraduate level work.
4.
Baccalaureate Degree. “Baccalaureate Degree” means the traditional degree
given by an institution of higher learning after four years of undergraduate level
work.
5.
Board. “Board” means the Board of Examiners in Physical Therapy.
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6.
Department. “Department” means the Department of Professional and Financial
Regulation, Office of Licensing and Registration.
7.
Federation. “Federation” means The Federation of State Board’s of Physical
Therapy.
8.
Person. “Person” means any individual.
9.
PES. “PES” means the Professional Examination Service.
10.
TOELF. “TOELF” means the Test of English as a Foreign Language.
11.
TSE-P. “TSE-P” means the Test of Spoken English for Professionals.
12.
TWE. “TWE” means the Test of Written English.
STATUTORY AUTHORITY: 32 MRSA §3112(5)(C)
EFFECTIVE DATE: May 3, 1979
Chapter 2: GENERAL PROVISIONS
Summary: This chapter contains provisions describing the conduct of meetings and
hearings, acting on requests for advisory rulings, and record keeping.
1.
General Provisions. The following describes the manner in which the board
conducts meetings, maintains certain records, issues advisory rulings and acts on
complaints.
A.
Meetings. Meetings may be called by the board Chairperson or a by a
majority of the members of the board as may be necessary for carrying out
the business of the board. Meetings shall be scheduled to allow sufficient
time for advertising meetings. Any member unable to attend a scheduled
meeting must contact the board Chairperson or the board’s office as soon
as possible. Any member of the public may attend board meetings to hear
the board’s deliberations on board matters but may not participate in
board proceedings, unless acknowledged by the Chairperson or listed on
the agenda.
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1.
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Agendas.
Board meeting agendas shall be prepared by the department
designee in conjunction with the board Chairperson. The agenda
shall include all business items requested by members of the board
providing such request is received by the board at least twelve days
in advance of the meeting. Business not included on the agenda
may be considered following an affirmative vote of a majority of
the board members present. Meeting notices to the board shall be
sent to all members of the board at least ten days prior to the
meeting date. Upon request, meeting notices shall be sent to others
deemed to have interest in the business before the board.
B.
Records. The department shall maintain a record of all business conducted
by the board and shall preserve, subject to the provisions of 5 MRSA
chapter 6, all books, documents and papers entrusted to their care.
Records shall be opened to public inspection subject to 1 MRSA chapter
13. Delays in making records available for inspection may be occasioned
by action necessary to preserve the security of records, to obtain legal
advice, or to prevent disrupting regular business activities and for these
reasons it is recommended that written requests be submitted at least
three business days in advance of anticipated inspection. Access to written
communication with the Department of the Attorney General, criminal
history records, materials relating to license examinations, pending
complaints, and other records may be restricted subject to 1 MRSA
chapter 13 and/or other applicable laws.
C.
Advisory Rulings.
1.
Authority and Scope. The board may issue rulings pursuant to 5
MRSA section 900l, concerning the applicability of any statute or
rule it administers to an existing factual situation. Advisory rulings
will be issued at the board’s discretion and only upon written
request. Each request will be individually reviewed to determine
whether an advisory ruling is appropriate. The board may decline
to issue an advisory ruling when the question is hypothetical, there
is not sufficient experience upon which to base a ruling, or for any
other reason the board deems proper. An advisory ruling is not
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legally binding upon the board pursuant to 5 MRSA section 9001 of
the Administrative Procedure Act.
D.
2.
Submission. Requests for advisory rulings shall be in writing and
shall set forth in detail all facts pertinent to the question. The board
may require additional information as necessary to complete a
factual background for its ruling.
3.
Acknowledgment. All requests for advisory rulings will be
acknowledged by the board within fifteen days. Within sixty days
of acknowledgment, the board shall state whether a ruling will be
given. Alternatively, the board may request additional information
which is necessary to determine whether an advisory ruling is
appropriate.
4.
Rulings. All advisory rulings shall be in writing and shall include a
statement of the facts or assumptions, or both, upon which the
ruling is based. The statement shall be sufficiently detailed to allow
understanding of the basis of the opinion without reference to other
documents. Advisory rulings shall be signed by the Chairperson of
the board and shall be numbered in an appropriate serial manner.
5.
Disposition. Each completed advisory ruling will be mailed to the
requesting party and a copy will be kept by the board in a file or
binder established for this purpose. All completed advisory rulings
are public documents and shall be available for public inspection
during regular business hours. In addition, the board may
otherwise publish or circulate any advisory ruling as it deems
appropriate.
Hearings. Hearings shall be conducted in accordance with applicable
requirements of the Maine Administrative Procedure Act, 5 MRSA
chapter 375, section 8001, et seq.
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Chapter 3:
Page 47 of 167
LICENSURE REQUIREMENT FOR PHYSICAL THERAPISTS AND
PHYSICAL THERAPIST ASSISTANTS
Summary: This chapter states the requirements for issuance of a license to practice
physical therapy, including application, education, experience and references.
1.
General Provisions
A.
With the exception of the exam score, applications will not be accepted
unless complete.
B.
Application forms or supporting documents that have been altered,
defaced or compromised will not be accepted. The exam scores must be
received by the board
within twelve (12) months from the date the
application is received by the board. If the licensing process exceeds
twelve (12) months, the application and all supporting documentation
become invalid, and the applicant must restart the licensure process and
submit a new application and supporting documents.
C.
Licensure Renewal. Licensees must submit complete applications for
renewal of license prior to the date of expiration of licensure. A license
expires on the stated date of expiration but may be renewed by the
payment of a $10.00 late renewal fee in addition to the license fee for a
period of 90 days after the date of expiration. The 90 day extended
renewal period should not in any way be construed to permit the practice
of physical therapy after the date of expiration. Licensees are responsible
for notifying the board, in writing of any name or address change. Failure
to receive a renewal notice in the mail does not constitute sufficient excuse
for not renewing in a timely manner.
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D.
2.
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Examination Scores.
1.
For applicants who took the national licensure examination on or
after January 1, 1993, the passing score shall be the criterion
reference score as recommended by the Federation.
2.
For applicants who took the APTA licensure examination on or
after January 1, 1993, the passing score shall be the criterion
reference score as recommended by the Federation.
3.
For applicants who took the APTA licensure examination before
January 1, 1993, the passing score shall be 1.5 standard deviation
below the national average raw score, including the total score.
Applicants currently holding a license from another state in the United States
A.
The application packet will include the following:
1.
A form prescribed by the board with the appropriate fee.
2.
An official transcript which contains the school seal from an
accredited school. The transcript must contain information that the
degree received was in physical therapy. If that degree was
obtained from a foreign school, the applicant must also:
a.
Submit written proof that the school of physical therapy
education is recognized by the ministry of education in the
country where the school is located. All documents will be in
English or translated where applicable;
b.
Submit his or her educational credentials to an approved
agency for evaluation of their equivalence to the United
States trained applicant. If the applicant has graduated from
an APTA accredited program, he or she is exempt from this
requirement;
c.
Have attained grade equivalent to the United States grade C
or higher in all professional educational course work; and
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d.
3.
Page 49 of 167
Have completed a minimum of six (6) months of experience,
approved by the board, as a licensed or authorized physical
therapist or physical therapist assistant under the
supervision of a licensed physical therapist.
For foreign educated applicants, demonstration of proficiency in
written and spoken English.
a.
The board will accept written verification that courses were
taught in English to satisfy the requirement of proficiency in
written and spoken English.
b.
If the course work was not taught in English, the applicant
must attain a passing score that is recommended by the
Federation of State Boards of Physical Therapy in the
following tests:
i.
The Test of English as a Foreign Language (TOELF);
ii.
The Test of Spoken English for Professionals (TSE-P);
and
iii.
The Test of Written English (TWE).
4.
Evidence of passing a physical therapist or physical therapist
assistant examination. Evidence of examination scores must be
submitted to the board directly from the testing service.
5.
One signed original professional reference letter dated within six
months of the filing of the application, addressing good ethical and
competent professional conduct from one of the following
individuals: a previous employer; an academic and/or clinical
instructor; or a medical licensed professional peer. The individual
providing the reference must: print or type her/his name, list
her/his current home or employment address and her/his current
home or work telephone number;
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3.
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6.
Verification of the applicant’s licensure status from each state
where the applicant holds or has ever held a license;
7.
Accurate information relevant to all names the applicant may have
had prior to filing an application with the board. The applicant
shall also immediately notify the board, in writing, of any
subsequent changes of name and/or address.
Application for Licensure by Examination
A.
Application will be on a form prescribed by the board with the
appropriate fees.
1.
B.
Be a graduate of a physical therapist or physical therapist assistant
educational program which is accredited by:
a.
An agency recognized by the United States Commissioner of
Education; and/or
b.
Post-Secondary Accreditation; and
c.
Approved by the board.
The application packet will include the following:
1.
An official transcript which contains the school seal from an
accredited school. The transcript must contain information that the
degree received was in physical therapy. If that degree was
obtained by a foreign school, the applicant must also:
a.
Submit written proof that the school of physical therapy
education is recognized by the ministry of education in the
country where the school is located. All documents will be in
English or translated where applicable;
b.
Submit his or her educational credentials to an approved
agency for evaluation of their equivalence to the United
States trained applicant. If the applicant has graduated from
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an APTA accredited program, he or she is exempt from this
requirement;
2.
3.
c.
Have attained grade equivalent to the United States grade C
or higher in all professional educational course work; and
d.
Have completed a minimum of six (6) months of experience,
approved by the board, as a licensed or authorized physical
therapist or physical therapist assistant under the
supervision of a licensed physical therapist.
Foreign educated applicants must demonstrate proficiency in
written and spoken English.
a.
The board will accept written verification that courses were
taught in English to satisfy the requirement of proficiency in
written and spoken English.
b.
If the course work was not taught in English, the applicant
must attain a passing score that is recommended by the
Federation of State Boards of Physical Therapy in the
following tests:
i.
The Test of English as a Foreign Language (TOELF);
ii.
The Test of Spoken English for Professionals (TSE-P);
and
iii.
The Test of Written English (TWE).
One signed original professional reference letter, dated within six
months of the filing of the application, addressing, good ethical and
competent professional conduct from one of the following
individuals: previous employers; academic and/or clinical
instructors; or a medical licensed professional peer. The individual
providing the reference must: print or type her/his name; list
her/his current home or employment address; and their current
home or work telephone number.
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4.
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Accurate information relevant to all names the applicant may have
had prior to filing an application with the board. The applicant
shall also notify the board, in writing, of any subsequent changes of
name and/or address immediately.
STANDARDS FOR SUPERVISION OF PHYSICAL THERAPIST
ASSISTANTS AND PHYSICAL THERAPY AIDES
Summary: This chapter states the standards by which physical therapist assistants and
physical therapy aides will be supervised.
1.
Supervision of Physical Therapist Assistants
A.
Unless specifically authorized by the board, a licensed physical therapist
may not directly supervise more than two assistants at any given time.
“Supervisor” means frequent oral communications between the
supervising physical therapist and the physical therapist assistant about
the substantive care and treatment of patients. The communication
between the physical therapist and the physical therapist assistant must
occur after the physical therapist has re-assessed or evaluated the patient
within 10 patient visits or every 30 days whichever comes first. The results
of the re-assessment shall be documented and communicated to the
physical therapist assistant prior to the assistant seeing the patient again.
B.
2.
The physical therapist shall be present whenever new patients are
admitted to the physical therapy service in order to evaluate the patient
and establish the treatment program.
Supervision of Physical Therapy Aides
A.
A “physical therapy aide” is a person neither licensed or certified who is
specifically trained on-site under the direct supervision of a physical
therapist to perform designated routine tasks related to the operation of a
physical therapy service. The physical therapy aide, when providing
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direct services to patients, may function only with the continuous on-site
supervision of the physical therapist or the physical therapist assistant.
The physical therapist or the physical therapist assistant must be present
in the same building and be immediately available to the physical therapy
aide.
B.
A “physical therapist of record” is the person who is directly responsible
for the actions of the physical therapy aide. The extent to which the
physical therapy aide participates in operational activities, including
maintenance and transportation and in patient-related activities, will be
dependent upon the discretion of the physical therapist and training of the
physical therapy aide.
C.
The physical therapy aide shall not:
1.
Interpret referrals;
2.
Perform evaluation procedures;
3.
Initiate or adjust treatment programs; or
4.
Assume responsibility for planning patient care.
The fact that a particular task is not prohibited in this section does not
necessarily imply that the task is permitted.
D.
3.
Physical therapy aides may only document subjective reports by patients
and actual treatment given to the patient. The physical therapy aide may
not document a patient’s assessment or a patient’s plan. All
documentation must be cosigned by a physical therapist or physical
therapist assistant.
Supervision of graduate physical therapist or assistant
The licensed physical therapist who supervises the graduate physical therapist or
assistant must sign and submit a supervisor’s affidavit on a board-prescribed
form.
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ENFORCEMENT AND DISCIPLINARY PROCEDURES
Summary: This chapter outlines the enforcement and disciplinary procedures used by
the Board of Examiners in Physical Therapy. Included are specific grounds for
discipline as well as clarification of the terms used in this chapter
1.
Disciplinary Procedures
The Board will follow the procedure for initiating and processing complaints set
forth in the Standard Complaint Procedure of the Office of Licensing &
Registration, Department of Professional & Financial Regulation.
A.
Written Complaints. Any complaint shall be in writing, shall be sworn to
by the person making it and shall be filed with the Office of Licensing &
Registration.
B.
Other Investigations. An investigation may be conducted based upon
information other than a written complaint if such information provides
prima facie evidence of a violation of 32 MRSA section 12501, et seq or if
the information raises a substantial question regarding the qualifications
of any applicant or licensee.
C.
Member Request for Investigation. A member of the board may file a
complaint or request an investigation, but such complaint or request shall
serve to disqualify the member from participating in the disposition of the
matter. That member shall be prohibited from discussing the issue with
other members, except as a witness or party, until final agency action and
the time for appeal has lapsed or appeal rights have been exhausted.
D.
Prohibited Communications. The members shall not discuss, except with
adequate notice and opportunity for all parties to participate, any specific
case under investigation, or any case which may reasonable be expected to
be the subject of investigation, until after final agency action and the time
for filing an appeal has lapsed or appeal remedies have been exhausted,
except in accordance with the complaint procedures set forth by the
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Department of Professional & Financial Regulation’s Office of Licensing
and Registration.
This rule shall not be construed to limit the members at board meetings
from discussion among themselves or with the attorney assigned to the
board. These rules shall be construed not to limit communications
regarding closed matters, investigations in general, inquires regarding the
status of specific case, or other matters not relating to issues of fact of law
concerning a specific case.
2.
Grounds for discipline.
The board may take disciplinary action authorized by statute based upon any of
the grounds set forth in 32 MRSA section 3117-A.
A.
The practice of fraud or deceit in obtaining a license under this chapter or
in connection with services rendered as a physical therapist or physical
therapist assistant.
B.
Addiction, as confirmed by medical findings, TO THE USE OF
ALCOHOL OR OTHER DRUGS, which has resulted in the physical
therapist or physical therapist assistant being unable to perform his or her
duties or perform those duties in a manner which would not endanger the
health or safety of the clients or patients to be served.
C.
A medical finding of Mental incompetency.
D.
Aiding or abetting a person not duly licensed in representing him/herself
as a licensed physical therapist or physical therapist assistant.
E.
Any gross negligence, incompetency or misconduct in the practice of
physical therapy.
F.
Subject to the limitations of 5 MRSA chapter 341, Conviction of a class A,
B, C, D or E Crime or of a crime which, if committed in this State, would
be punishable by one year or more of imprisonment.
G.
Violation of any provision of this chapter or any rule of the board.
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3.
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Clarification of Terms
A.
Fraud or Deceit
1.
2.
The practice of fraud or deceit in obtaining a license includes, but is
not limited to:
a.
falsification or misrepresentation of education or experience
of an applicant or licensee;
b.
falsification or misrepresentation of a recommendation from
a consultant or peer;
c.
cheating on a licensure examination;
d.
intentionally withholding or misrepresenting any
information requested on an application, including any
information regarding criminal or disciplinary action taken
by any jurisdiction against an applicant; or
e.
impersonating another applicant.
The practice of fraud or deceit in connection with services rendered
as a physical therapist or physical therapist assistant includes, but
is not limited to:
a.
intentionally practicing or attempting to practice, or aiding
another to practice, beyond the scope of the license held;
b.
intentionally misrepresenting the type or status of license
held or qualifications to practice;
c.
committing or aiding another to commit fraud, deceit or
corruption in billing, payment or insurance reimbursement
procedures;
d.
intentionally engaging in false, misleading or deceptive
advertising; or
e.
impersonating another licensee.
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B.
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Aiding or abetting unlicensed practice
Aiding or abetting a person not duly licensed to represent him/herself as a
licensed physical therapist or physical therapist assistant includes, but is
not limited to:
C.
1.
assisting another to practice physical therapy beyond the scope of
his/her license or without a license;
2.
knowingly supervising or providing consultation to an unlicensed
person representing him/herself as licensed or to a licensed person
practicing beyond the scope of his or her license; or
3.
knowingly making referrals to an unlicensed person representing
him/herself as licensed or to a licensed person practicing beyond
the scope of his license.
Gross negligence, incompetency or misconduct.
Gross negligence, incompetency or misconduct in the practice of physical
therapy includes, but is not limited to:
1.
intentionally or recklessly causing physical or emotional harm to a
client or patient;
2.
failing to maintain the confidentiality of client or patient
information, except as otherwise required by law;
3.
practicing physical therapy when physical or mental ability to
practice is impaired by alcohol or drugs;
4.
practicing physical therapy when physical or mental ability to
practice is impaired by physical, psychological or mental
impediment;
5.
engaging in conduct which violates the Code of Ethics as described
in Chapter 6 of the board’s rules;
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6.
negligently failing to provide adequate supervision of a physical
therapy aide by a physical therapist assistant with supervisory
responsibility over that aide;
7.
practicing or attempting to practice beyond the scope of license
held;
8.
advertising in a manner which is false, misleading or deceptive;
9.
paying, accepting or soliciting any payment or consideration for the
referral of a client or patient;
10.
falsifying or inaccurately recording client or patient records;
11.
exercising undue influence on the client or patient, including the
promotion for sale of goods, services or drugs, so as to exploit the
client or patient for the financial gain of the physical therapist or
physical therapist assistant;
12.
failure to report incidents of child or adult abuse or neglect as
mandated by state law;
13.
engaging in conduct which evidences a lack of knowledge or ability
to apply principles or skills to carry out the practice of physical
therapy; or
14.
subject to the limitations of 5 MRSA chapter 341, conviction of a
crime which involves dishonesty or false statement or which relates
directly to the practice of physical therapy.
Sexual Misconduct
Sexual misconduct in the practice of physical therapy is behavior that exploits
the physical therapist’s or physical therapist assistant’s relationship with a
client or patient in a sexual way. This behavior is nondiagnostic and/or
nontherapeutic, may be verbal or physical, and may include expressions or
gestures that have a sexual connotation or that a reasonable person would
construe as such. Sexual misconduct is considered incompetence and
misconduct as defined in 32 MRSA section 3117-A.
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There are two levels of sexual misconduct: sexual violation and sexual
impropriety. Behavior listed in either level may constitute grounds for
disciplinary action.
1.
2.
“Sexual violation” is any conduct by a physical therapist or
physical therapist assistant with a patient that is sexual or may be
reasonably interpreted as sexual, even when initiated by or
consented to by a patient, including but not limited to:
a.
Sexual intercourse, genital to genital contact;
b.
Oral to genital contact;
c.
Oral to anal contact or genital to anal contact;
d.
Kissing in a sexual manner (e.g. french kissing);
e.
Any touching of a body part for any purpose other than
appropriate examination, treatment, or comfort, or where
the patient has refused or has withdrawn consent;
f.
Encouraging the patient to masturbate in the presence of the
physical therapist or physical therapist assistant or
masturbation by the physical therapist or physical therapist
assistant while the patient is present; and
g.
Offering to provide practice - related services, such as drugs,
in exchange for sexual favors.
“Sexual impropriety” is behavior, gestures, or expressions by the
physical therapist or physical therapist assistant that are seductive,
sexually suggestive, or sexually demeaning to a patient, including
but not limited to:
a.
Kissing;
b.
Disrobing, draping practices or touching of the patient’s
clothing that reflect a lack of respect for the patient’s privacy;
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deliberately watching a patient dress or undress, instead of
providing privacy for disrobing;
c.
Subjecting a patient to an examination in the presence of
another, when the physical therapist or physical therapist
assistant has not obtained the verbal or written consent of
the patient or when consent has been withdrawn;
d.
Examination or touching of genitals without the use of
gloves;
e.
Inappropriate comments about or to the patient, including
but not limited to, making sexual comments about a
patient’s body or underclothing, making sexualized or
sexually demeaning comments to a patient, criticizing the
patient’s sexual orientation (homosexual, heterosexual, or
bisexual), making comments about potential sexual
performance during an examination or consultation (except
when the examination or consultation is pertinent to the
issue of sexual function or dysfunction), requesting details of
sexual history or sexual likes or dislikes when not clinically
indicated;
f.
Using the physical therapist-patient or physical therapist
assistant-patient relationship to solicit a date or initiate
romantic relationships;
g.
Initiation by the physical therapist or physical therapist
assistant of conversation regarding the sexual problems,
preferences, or fantasies of the physical therapist or physical
therapist assistant; and
h.
Examining the patient without verbal or written consent.
All circumstances will be considered in determining whether sexual
impropriety has occurred. If the board finds that a licensee has engaged in
sexual misconduct as defined in chapter 6, section D of these rules, the
licensee shall be disciplined in accordance with the board’s laws and rules.
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CODE OF ETHICS
Summary: This chapter defines the code of ethics in the practice of physical therapy in
the State of Maine.
As identified in “Attachment A” and “Attachment B” herewith, the board adopts the
APTA Code of Ethics dated June 1991 for physical therapists and physical therapists
assistants as the acceptable standard of ethical practice in Maine. In addition, following
code of ethics is adopted by the board.
Licensed physical therapist and physical therapist assistants shall:
1.
render to each patient quality care and make timely referrals to other health care
professionals as may be appropriate;
2.
avoid treating patients when one’s judgment or competency is impaired by
chemical dependency or physical or mental incapacity;
3.
report to the board a licensed physical therapist or physical therapist assistant
whose judgment or competency while treating patients is impaired by chemical
dependency or physical or mental incapacity;
4.
conduct a practice that is nondiscriminatory;
5.
keep accurate records of history and treatment and respect the confidentiality of
the records and any other personal information imparted by the patient;
6.
keep the patient informed, by explaining treatment and expectations of results
but avoiding making promises or creating inappropriate expectations;
7.
protect the welfare and dignity of patients participating in research and obtain
informed consent for research protocols;
8.
use appropriate professional or personal channels to correct behavior
detrimental to the patient or the public;
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9.
respect the integrity of other forms of health care, make efforts to build bridges
and develop collaborative relationships to achieve the best possible care for
individual patients;
10.
abstain from sexual acts or contacts with a patient, not solicit sexual acts or
contacts from a patient, not commit an act of sexual abuse or sexual misconduct
with a patient or commit an act punishable as a sex offense; and
11.
make no material false statements on any board-prescribed reporting form or fail
to provide adequate documentation verifying completion of the continuing
education requirements, when requested at the board’s discretion.
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MASSACHUSETTS GENERAL LAWS REGARDING PHYSICAL THERAPY PRACTICE
PART I.
ADMINISTRATION OF THE GOVERNMENT
TITLE XVI.
PUBLIC HEALTH
CHAPTER 112. REGISTRATION OF CERTAIN PROFESSIONS AND OCCUPATIONS
REGISTRATION OF PHYSICAL THERAPISTS
Chapter 112: Section 23A Definitions
Section 23A. The following words as used in sections twenty-three A to twenty-three P, inclusive,
unless the context otherwise requires, shall have the following meanings:-""Athletic trainer'', any person who is duly licensed in accordance with this section as an athletic
trainer and who limits his practice to schools, teams or organizations with whom he is associated and
who is under the direction of a physician or dentist duly registered in the commonwealth.
""Athletic training'', the application of principles, methods and procedures of evaluation and
treatment of athletic injuries, preconditioning, conditioning and reconditioning of the athlete through
the use of appropriate preventative and supportive devices, temporary splinting and bracing,
physical modalities of heat, cold, massage, water, electric stimulation, sound, exercise and exercise
equipment under the discretion of a physician. Athletic training includes instruction to coaches,
athletes, parents, medical personnel and communities in the area of care and prevention of athletic
injuries.
""Board'', the board on allied health professions, established under section eleven A of chapter
thirteen.
""Occupational therapy'', the application of principles, methods and procedures of evaluation,
problem identification, treatment, education, and consultation which utilizes purposeful activity in
order to maximize independence, prevent or correct disability, and maintain health. These services
are used with individuals, throughout the life span, whose abilities to interact with their environment
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are limited by physical injury or illness, disabilities, poverty and cultural differences or the aging
process. Occupational therapy includes but is not limited to: (1) administering and interpreting tests
necessary for effective treatment planning; (2) developing daily living skills, perceptual motor skills,
sensory integrative functioning, play skills and prevocational and vocational work capacities; (3)
designing, fabricating or applying selected orthotic and prosthetic devices or selected adaptive
equipment; (4) utilizing designated modalities, superficial heat and cold, and neuromuscular
facilitation techniques to improve or enhance joint motion muscle function; (5) designing and
applying specific therapeutic activities and exercises to enhance or monitor functional or motor
performance and to reduce stress; and (6) adapting environments for the handicapped. These services
are provided to individuals or groups through medical, health, educational, industrial or social
systems.
Occupational therapy shall also include delegating of selective forms of treatment to occupational
therapy assistants and occupational therapy aides; provided, however, that the occupational therapist
so delegating shall assume the responsibility for the care of the patient and the supervision of the
occupational therapy assistant or the occupational therapy aide.
""Occupational therapist'', a person who is duly licensed to practice occupational therapy in the
commonwealth in accordance with section twenty-three B.
""Occupational therapy assistant'', a person duly licensed in accordance with section twenty-three B
and who assists in the practice of occupational therapy who works under the supervision of a duly
licensed occupational therapist.
""Physical therapy'', a health profession that utilizes the application of scientific principles for the
identification, prevention, remediation and rehabilitation of acute or prolonged physical dysfunction
thereby promoting optimal health and function. Physical therapy practice is evaluation, treatment
and instruction related to neuromuscular, musculoskeletal, cardiovascular and respiratory functions.
Such evaluation shall include but is not limited to performance and interpretation of tests as an aid to
the diagnosis or planning of treatment programs. Such treatment shall include but is not limited to
the use of therapeutic exercise, physical activities, mobilization, functional and endurance training,
traction, bronchopulmonary hygiene postural drainage, temporary splinting and bracing, massage,
heat, cold, water, radiant energy, electricity or sound. Such instruction shall include teaching both
patient and family physical therapy procedures as part of a patient's ongoing program. Physical
therapy also shall include the delegating of selective forms of treatment to physical therapist
assistants and physical therapy aides; provided, however, that the physical therapist so delegating
shall assume the responsibility for the care of the patient and the supervision of the physical therapist
assistant or physical therapy aide.
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Physical therapy shall also include the providing of consultation services for health, educational,
and community agencies.
""Physical therapist'', a person who is duly licensed to practice physical therapy in the
commonwealth in accordance with section twenty-three B.
""Physical therapist assistant'', a person duly licensed in accordance with section twenty-three B and
who assists in the practice of physical therapy under the direction of a duly licensed physical
therapist.
""Recognized educational institution'', a degree-granting college or university recognized as such by
the United States Office of Education of the Commonwealth.
REGISTRATION OF PHYSICAL THERAPISTS
Chapter 112: Section 23B Examinations; applications for licensure; fees; renewal of license
Section 23B. The board shall examine applicants for licensure in each of the fields it supervises at
such times and places as it may determine and shall conduct at least two such examinations in each
field in each calendar year. The board shall establish examination and testing procedures to enable
the board to ascertain the competency of persons wishing to be licensed as qualified athletic trainers,
occupational therapists, occupational therapy assistants, physical therapists and physical therapist
assistants. Applications for such licenses, signed and sworn by the applicants shall be made on forms
furnished by the board. An applicant who furnished satisfactory proof that he is of good moral
character and that he has met the educational and clinical practice requirements set forth in section
twenty-three F, twenty-three G, twenty-three H, twenty-three I, or twenty-three J, shall, upon
payment of a fee determined by the secretary of administration and finance, be examined by the
board, and if found qualified, and if he passes the examination, shall be licensed to practice.
Every person licensed hereunder shall, during January of every even numbered year, apply to the
board for renewal of his license and pay a fee determined by the secretary of administration and
finance to the board and thereupon the board shall issue a license showing that the holder is entitled
to practice for the period covered by said payment. The board may require specific continuing
education as a condition for license renewal. The board may provide for the late renewal of a license
which has lapsed and may require the payment of a late fee, an examination, continuing education
and supervised experience prior to issuing said renewed license.
REGISTRATION OF PHYSICAL THERAPISTS
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Chapter 112: Section 23C Practice upon filing of license application
Section 23C. A person who meets the qualifications to be admitted to the examination for licensure
as an athletic trainer or an occupational therapist or occupational therapy assistant or physical
therapist or physical therapist assistant, may between the date of filing an application for licensure
and the announcement of the results of the next succeeding examination for licensure, according to
which application he has filed, practice as an athletic trainer; as an occupational therapist or as an
occupation therapy assistant under the direction of an occupational therapist duly licensed under this
chapter; as a physical therapist or physical therapist assistant under direction of a physical therapist
duly licensed under this chapter. If any person so practicing fails to qualify for or pass the first
announced examination after filing for licensure, all privileges under this section shall automatically
cease upon due notice to the applicant of such failure. Such privileges shall be renewed upon filing
for a second examination for licensure and shall automatically cease upon notice to the applicant that
he has failed to pass the second examination. Such privileges may again be renewed upon the
applicant petitioning the board for permission to file a third application and said permission being
granted by the board, and shall automatically cease upon due notice that he has failed to pass the
third examination. The privilege shall not exceed beyond the third examination.
Chapter 112: Section 23D Licensing of persons registered or licensed in other states, territories,
etc.; fees
Section 23D. The board may without examination, license as an athletic trainer, or an occupational
therapist or occupational therapy assistant, or physical therapist or physical therapist assistant, any
applicant who is duly licensed or registered under the laws of another state or territory of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico. At the time of making such
application, the applicant shall pay a fee determined by the secretary of administration and finance to
the board.
Chapter 112: Section 23E Construction
Section 23E. Nothing in this section shall be construed as preventing or restricting the practice,
services, or activities of:
(a) any person licensed in this commonwealth by any other statute from engaging in the profession
or occupation for which he is licensed, or
(b) any person employed as an athletic trainer or occupational therapist or occupational therapy
assistant or physical therapist or physical therapist assistant by the Government of the United States
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or any agency of it, if such person provides occupational therapy or physical therapy solely under the
direction or control of the organization by which he is employed, or
(c) any person pursuing a supervised course of study leading to a degree or certificate in athletic
training or occupational therapy or physical therapy at an accredited or approved educational
program, if the person is designated by a title which clearly indicates his status as a student or
trainee, or
(d) any person fulfilling the supervised field work experience requirements of this section, if the
experience constitutes a part of the experience necessary to meet the requirement of that section, or
(e) any person performing athletic training services or occupational therapy services or physical
therapy services in the commonwealth if these services are performed for no more than two days in a
calendar year in association with an athletic trainer or occupational therapist or physical therapist
licensed under this section, if the person is licensed under the law of another state which has
licensure requirements at least as stringent as the requirements of this section.
Chapter 112: Section 23F Athletic trainers; qualifications
Section 23F. An applicant for licensure as an athletic trainer shall:
(a) be a graduate of a college or university approved by the board and completed such college's or
university's curriculum in athletic training, or other curricula deemed acceptable to the board: and
has completed a program of practical training in athletic training deemed acceptable to the board.
(b) have passed an examination administered by the board. Such examination shall be written, and,
in addition, at the discretion of the board, may be oral and demonstrative, and shall test the
applicant's knowledge of the basic and clinical sciences as they apply to athletic training theory and
practice, including the applicant's professional skills and judgment in the utilization of athletic
training techniques and methods, and such other subjects as the board may deem useful to determine
the applicant's fitness to act as an athletic trainer. The examination shall be conducted at least twice a
year at times and places to be determined by the board.
Chapter 112: Section 23G Occupational therapists; qualifications
Section 23G. An applicant for licensure as an occupational therapist shall:
(a) successfully completed an accredited occupational therapist educational program approved by
the board,
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(b) successfully completed the therapist level field work requirements as stipulated in the essentials
of an accredited educational program for the occupational therapist or its equivalent,
(c) successfully passed an examination approved by the board for licensure as an occupational
therapist. Such examination shall be written and shall test the applicants' knowledge of the basic and
clinical sciences related to the occupational therapy theory and practice, including the applicant's
professional skills and judgements in the utilization of occupational therapy techniques and methods,
and such other subjects as the board may deem useful to determine the applicant's fitness to act as an
occupational therapist. The examination shall be conducted by the board at least twice each year and
at times and places to be determined by the board; provided, however, that the board may utilize any
existing national examination that meets the requirements in this section.
Chapter 112: Section 23H Occupational therapy assistant; qualifications
Section 23H. An applicant for licensure as an occupational therapy assistant shall:
(a) successfully completed an accredited occupational therapy assistant educational program
approved by the board,
(b) successfully completed a minimum of two months of supervised field work,
(c) successfully passed an examination conducted by the board for licensure as an occupational
therapy assistant. Such examination shall be written and shall test the applicant's knowledge of the
basic and clinical sciences related to the occupational therapy theory and practice, and such other
subjects as the board may deem useful to determine the applicant's fitness to act as an occupational
therapy assistant. The examination shall be conducted by the board at least twice each year and at
times and places to be determined by the board; provided, however, that the board may utilize any
existing national examination that meets requirements of this section.
Chapter 112: Section 23I Physical therapist; qualifications
Section 23%iI. An applicant for licensure as a physical therapist shall:
(a) be a graduate of a three or four year secondary school or has passed a high school equivalency
test deemed acceptable by the board,
(b) be a graduate of an accredited educational program leading to professional qualification in
physical therapy and approved by the board,
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(c) or have graduated from an educational program in physical therapy chartered in a sovereign
state outside the United States and have furnished to the board such evidence as it may require: (1)
that his education is substantially the equivalent of that of graduates of approved programs in the
United States, and (2) that he has sufficient qualifications, including the proficiency in the English
language, to practice physical therapy,
(d) have passed an examination administered by the board. Such examination shall be written, and
may, at the discretion of the board, in addition, be oral and demonstrative, and shall test the
applicant's knowledge of the basic and clinical sciences as they relate to physical therapy, including
the applicant's professional skills and judgment in the utilization of physical therapy techniques and
methods, and other subjects as the board may deem useful to determine the applicant's fitness to act
as a physical therapist. The examination shall be conducted by the board at least twice each year and
at times and places to be determined by the board.
Chapter 112: Section 23J Physical therapist assistants; qualifications
Section 23J. An applicant for licensure as a physical therapist assistant shall:
(a) be a graduate of a three or four year secondary school or has passed a high school equivalency
test deemed acceptable to the board,
(b) be a graduate of an accredited educational program leading to professional qualification as
physical therapist assistant and approved by the board,
(c) have passed an examination administered by the board. Such examination shall be written, and
may, at the discretion of the board, in addition, be oral and demonstrative, and shall test the
applicant's knowledge of the basic and clinical sciences as they relate to physical therapy and other
subjects as the board may deem useful to determine the applicant's fitness to act as a physical
therapist. The examination shall be conducted by the board at least twice each year and at times and
places to be determined by the board.
Chapter 112: Section 23K Revocation, suspension, etc. of licensee
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Section 23K. The board may, after a hearing pursuant to chapter thirty, revoke, suspend, cancel the
license of or place on probation, reprimand, censure or otherwise discipline a licensee upon proof
satisfactory to a majority of the board that said person:
(a) obtained or attempted to obtain a license by fraud or deception,
(b) been convicted of a felony or of a crime involving moral turpitude,
(c) has been grossly negligent in his practice of athletic training or occupational therapy or physical
therapy,
(d) been adjudged mentally ill or incompetent by the court of competent jurisdiction,
(e) used drugs or intoxicating liquors to the extent which adversely affects his practice,
(f) acted in manner which is professionally unethical according to ethical standards of the
professions of occupational therapy or physical therapy.
Chapter 112: Section 23L Practice of medicine or other form of healing
Section 23L. Nothing in this section shall be construed as authorizing an athletic trainer,
occupational therapist, occupational therapy assistant, physical therapist, or physical therapist
assistant to practice medicine or any other form or method of healing not specified in said section.
Chapter 112: Section 23M Rules and regulations; record of proceedings; roster of licensees
Section 23M. The board shall adopt reasonable rules and regulations to carry into effect sections
twenty-three A to twenty-three P inclusive and may amend and revoke such rules and regulations at
its discretion. The board shall keep a record of its proceedings and a roster of all persons licensed by
it under this section. The roster shall include the licensee's name, last known business and residential
address; date of licensing, and license number.
Chapter 112: Section 23N Athletic trainers; necessity for licensure
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Section 23N. No person shall hold himself out as an athletic trainer or as being able to practice
athletic training or to render athletic training services in this commonwealth unless he is licensed in
accordance with section twenty-three B.
Chapter 112: Section 23O Occupational therapists or assistants; necessity for licensure; use of
letters, abbreviations, etc.
Section 23O. No person shall hold himself out as an occupational therapist or as an occupational
therapy assistant or as being able to practice occupational therapy or to render occupational therapy
services in the commonwealth unless he is licensed in accordance with section twenty-three B. No
person not so licensed may use in connection with his name or place of business the letters, ""O.T.R.'',
or ""C.O.T.A.'', or any other words, letters, abbreviations, or insignia indicating that he is an
occupational therapist or occupational therapy assistant
Chapter 112: Section 23P Physical therapists or assistants; necessity for licensure; use of letters,
abbreviations, etc.
Section 23P. No person shall hold himself out as a physical therapist, or as a physical therapist
assistant or as being able to practice physical therapy or to render physical therapy services in the
commonwealth unless he is licensed in accordance with section twenty-three B. No person not so
licensed may use in connection with his name the words or letters, ""P.T.'', ""R.P.T.'', ""L.P.T.A.'',
""PH.T.'', ""P.T.A.'', ""P.T.D.'', ""P.T.T.'', ""physical therapist'', ""physiotherapist'', ""physical therapist
assistant'', or any other words, letters, abbreviations, or insignia indicating that he is a physical
therapist or physical therapist assistant.
Chapter 112: Section 23P 1/2 Physical therapist; disclosure of referring physician's ownership
interest
Section 23P1/2. Any physical therapist who is involved in the private practice of physical therapy, to
whom a patient is referred by a person licensed or registered under this chapter who derives income
directly or indirectly from the physical therapy service, shall disclose to the patient that the referring
person derives income from the provision of such service, unless such services are provided pursuant
to a financial arrangement between a health maintenance organization organized in accordance with
chapter one hundred and seventy-six G or a preferred provider arrangement organized in accordance
with chapter one hundred and seventy-six I and the participating providers of such health
maintenance organization or preferred provider arrangement.
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Such ownership interest shall be in writing posted in the office of the person providing such
physical therapy in a conspicuous place and shall be of such size and nature so that the average
person would take notice of it.
Said posted notice shall contain the names of all persons who maintain an ownership interest.
For the purpose of this section, the term ""ownership interest'' shall mean any and all ownership
interest including, but not limited to, any membership, proprietary interest, stock interest,
partnership interest, co-ownership in any form or any profit-sharing arrangement.
The board of allied health professionals shall prescribe by regulation that physical therapists report
such ownership interest and referrals to the said board. Violation of this section shall constitute
grounds for disciplinary action by the board of allied health professionals.
Chapter 112: Section 23Q Citation
Section 23Q. Sections twenty-three A to twenty-three P, inclusive, shall be known and may be cited as
the Registered Physical Therapists Law.
MASSACHUSETTS CODE REGULATIONS FOR PHYSICAL THERAPY
2.01: Definitions
These definitions apply to all sections of 259 CMR.
Board. The Board of Allied Health Professions.
Co-operative Education. An educational approach which provides alternating or parallel periods of
classroom study and supervised employment in which:
(a) there is a formal agreement with the institution, the student and the employer;
(b) the rotation between academic study and work experience is structured to further the student's
education and employability; and
(c) the services performed by the student during the work experience are commensurate with their
level of education and training.
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Direct Supervision. A process by which a supervisor is on the premises and available to provide
supervision in the form of aid, direction, and instruction when procedures or activities are
performed.
Endorsement. A process of licensure based on the determination that a current license from another
United States of America jurisdiction is consistent with Board requirements.
License. A document granted by the Board as proof of the privilege that the licensee has been
approved by the Board to practice his/her discipline. The license must be kept on the licensee's person
and posted/filed at the site of practice.
Renewal. The requirement that a license, which is issued for a two year period, be renewed by
January 31 of every even year.
Student. Any person pursuing a supervised course of study leading to a degree in athletic training,
occupational therapy or physical therapy in an accredited or approved program, including cooperative education programs. Students involved in clinical affliations which are part of their
educational program may perform duties commensurate with their level of education, in addition to
those duties which may be performed by aides, as set forth in 259 CMR 3.01, 3.02, 5.01 and 5.02.
Students whose employment is not part of a co-operative education program may only perform those
duties which may be performed by aides, as set forth in 259 CMR 3.01, 3.02, 5.01 and 5.02.
Supervisor. A person who holds a current unrestricted license issued by the Board authorizing such
person to practice the same discipline as the supervisee(s). A supervisor possesses skill, experience or
education in excess of that possessed by the supervisee(s). The supervisor is responsible for the
standard of services performed by the supervisee(s) and shall have knowledge of the patients/clients
receiving treatment from the supervisee(s) and the issues/problems involving such treatment. A
supervisor must co-sign all treatment documentation of a temporary license holder, as set forth in 259
CMR 3.03 and 5.04.
Supervision. A process by which two or more people participate in joint effort to establish, maintain
and elevate a level of performance. Supervision requires the physical presence of all parties at
regularly scheduled supervision sessions. Supervision is structured according to the supervisee's
qualifications, position, level of preparation, depth of experience and the environment within which
the supervisee functions.
Temporary License. A license granted under certain prescribed conditions for a limited period of
time. A holder of a temporary license must practice under the supervision of a supervisor in that
discipline.
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2.02: Licensing Process
NOTE: Review specific discipline regulations for additional licensure requirements.
(1)(a) Applicants Seeking Licensure by Examination. Applicants seeking licensure as new graduates
awaiting examination shall:
1. have satisfactorily completed an accredited/approved educational program AND SUCH OTHER
REQUIREMENTS AS REQUIRED BY THE BOARD FOR THE SPECIFIC APPLICANT'S DISCIPLINE;
2. obtain an application from the Board of Allied Health Professions, 100 Cambridge Street, 15th
Floor, Boston, Massachusetts 02202;
3 obtain copies of:
a. M.G.L. c. 112, SectionSection 23A through 23Q;
b. 259 CMR 1.00 through 5.00; and
c. the current Standards of Practice and Code of Ethics for the applicant's specific discipline;
4. complete the application in full (including notarization of the applicant's signature) and attach the
required documentation;
5. provide the Board with an official transcript indicating successful completion of all academic and
field work requirements, graduation date and degree conferred. UNTIL THE OFFICIAL
TRANSCRIPT IS AVAILABLE, AN ALTERNATE FORM PROVIDED BY THE BOARD, SIGNED BY
THE PROGRAM DIRECTOR AND CARRYING THE OFFICIAL SCHOOL SEAL WILL BE
ACCEPTED; and
6. return completed application and official transcript from the institution, and required fees to the
Board at the above address.
(b) Temporary License Procedures for Occupational Therapists and Athletic Trainers. An individual
whose application for licensure as an occupational therapist or athletic trainer (not applicable to
physical therapist applicants) has been approved by the Board will be issued a temporary license by
the Board. A temporary license holder is authorized to practice in accordance with the requirements
of 259 CMR 5.02 pending notice of the results of the next scheduled licensure examination in the
applicant’s discipline.
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1. A temporary license holder is required to practice under the SUPERVISION of a supervisor in that
discipline. The supervisor must co-sign all documentation until the applicant receives an unrestricted
license.
2. After an application is filed with the Board, the applicant is required to take the NEXT scheduled
examination in the applicant's specific discipline.
a. A passing examination score will result in the issuance of an unrestricted license to the applicant.
Upon receipt of the license, an applicant may practice without supervision.
b. Upon the applicant's notification by the testing agency of failure to achieve a passing score on the
examination, the temporary license is rescinded and the applicant must cease practice immediately.
The applicant may apply to take the examination a second time. When reapplication for licensure has
been approved by the Board, the applicant will be issued a second temporary license. Upon receipt of
same, the applicant is required to practice under the SUPERVISION of a supervisor in that discipline.
The applicant is required to take the NEXT scheduled examination in the applicant's specific
discipline.
c. Upon the applicant's notification by the testing agency of failure to achieve a passing score on the
examination for a second time, the temporary license is rescinded and the applicant must cease
practice immediately. The applicant may apply to retake the examination a third time. The applicant
must petition the Board to be issued a third temporary license. Upon approval of a petition, the
applicant will be issued a third temporary license and is required to practice under the DIRECT
SUPERVISION of a supervisor in that discipline. The applicant is required to take the NEXT
scheduled examination in the applicant's specific discipline.
d. Upon the applicant's notification by the testing agency of failure to achieve a passing score on the
examination for a third time, the temporary license is rescinded and the applicant must cease practice
immediately. No further temporary license may be issued by the Board after the third examination.
(2) Applicant Seeking Licensure by Endorsement.
(a) Applicants seeking licensure by endorsement shall:
1. provide official documentation of a current license in good standing issued by another jurisdiction
which is a state or territory of the United States, District of Columbia or the Commonwealth of Puerto
Rico;
2. obtain an application from the Board of Allied Health Professions, 15th Floor, 100 Cambridge
Street, Boston, Massachusetts 02202;
3. obtain copies of:
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a. M.G.L. c. 112, SectionSection 23A through 23Q;
b. 259 CMR 1.00 through 5.00; and
c. the current Standards of Practice and Code of Ethics for the applicant's specific discipline;
4. complete the application in full (including notarization of the applicant's signature) and attached
the required documentation;
5. provide the Board with an official transcript indicating successful completion of all academic and
field work requirements, graduation date and degree conferred;
6. provide the Board with satisfactory evidence of successful completion of the examination required
by the Board for the applicant's specific discipline;
7. return the completed application, official transcript from the institution, and required fees to the
Board at the above address and;
8. meet such other requirements as the Board may require for the applicant's specific discipline.
(b) When an application for licensure by endorsement is approved by the Board, the applicant will
be issued a license. Upon receipt of the license, an applicant may practice his specific discipline in
Massachusetts.
(3) Applicants Seeking Licensure Who Have Achieved a Passing Score on the Licensure
Examination, Including Applicants From States Without Licensure Statutes.
(a) Applicants seeking licensure who have passed the examination required for their discipline, but
who are not currently licensed in another jurisdiction, shall:
1. obtain an application form from the Board of Allied Health Professions, 15th Floor, 100
Cambridge Street, Boston, Massachusetts 02202;
2. obtain copies of:
a. M.G.L. c. 112, SectionSection 23A through 23Q;
b. 259 CMR 1.00 through 5.00; and
c. the current Standards of Practice and Code of Ethics for the applicant's specific discipline;
3. complete the application in full (including notarization of the applicant's signature) and attached
the required documentation;
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4. provide the Board with an official transcript indicating successful completion of all academic and
field work requirements, graduation date and degree conferred;
5. provide the Board with OFFICIAL NOTICE of successful completion of the examination required
by the Board for the applicant's specific discipline;
6. return the completed application official transcript from the institution, and required fees to the
Board at the above address and;
7. meet such other requirements as the Board any require for the applicant's specific discipline.
(b) When an application for licensure under 259 CMR 2.02(3) is approved by the Board, the
applicant will be issued a license. Upon receipt of the license, an applicant may practice her specific
discipline in Massachusetts.
(4) Foreign Educated Applicants Seeking Licensure. Applicants for licensure who have completed a
program in a foreign jurisdiction (i.e., NOT a state or territory of the United States, the District of
Columbia, or the Commonwealth of Puerto Rico) shall be required to:
(a) follow the application procedure set forth in 259 CMR 2.02 except for 259 CMR 2.02(1)(a)1. and;
(b) meet the following additional requirements for licensure:
1. credentials must be evaluated by a credential evaluation service approved by the Board;
2. achieve a score of at least 560 on the Test of English as a Foreign Language (TOEFL) and 4.5 on the
Test of Written English (TWE); and
3. provide satisfactory evidence to the Board that the applicant is authorized to practice his specific
discipline without restriction in the legal jurisdiction in which the post secondary institution from
which the applicant has graduated is located or in the legal jurisdiction in which the applicant is a
citizen.
2.03: Participation in Continuing Education Courses by Persons Not Licensed by the Board
Individuals not licensed in Massachusetts who participate in continuing education courses in
Massachusetts which involve the treatment of patients/clients must be licensed in their respective
professions in their own state or jurisdiction
2.04: Requirements for Renewal of License
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A license is issued for a two year period and must be renewed by January 31st of every even year.
The filing of a license renewal form is the responsibility of the licensee. A licensee must submit to the
Board a completed renewal application and the proper fee prior to the renewal/expiration date of the
license.
2.05: Requirements for Reinstatement of Lapsed/Expired License
(1) A license which has lapsed for one renewal cycle or less may be reinstated upon:
(a) payment of past due license fee, a late fee and the current license fee;
(b) presentation of evidence satisfactory to the Board of having completed all required continuing
education credits; and
(c) completion of any other Board requirements.
(2) A license which has lapsed for more than one renewal cycle may be reinstated upon:
(a) If practicing in Massachusetts during the period the license was expired:
1. payment of all past due license fees, a late fee and the current license fee;
2. presentation of evidence, satisfactory to the Board, of having completed any required continuing
education credits and
3. completion of any other Board requirements, including, but not limited to, acknowledgment of
practice during the period the license was expired, achievement of a passing score on the licensing
examination and any other requirements provided in M.G.L. c. 112, Section 23B.
(b) If not practicing during the period the license was expired:
1. payment of the application fee, a late fee and the current license fee;
2. presentation of evidence satisfactory to the Board of having completed any required continuing
education credits;
3. completion of any other Board requirements, including, but not limited to achievement of a
passing score on the licensing examination; and
4. submission of an affidavit signed under the penalties for perjury that the individual has not been
practicing during the period the license was expired.
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(c) If practicing in another state during the period the Massachusetts license was expired:
1. payment of the application fee, a late fee and the current license fee;
2. Official record of standing or certified statement indicating the license is in good standing in the
state of current licensure; and
3. presentation of evidence satisfactory to the Board of having completed any required continuing
education credits.
(3) Notwithstanding the provisions of 259 CMR 2.05(2)(a), the Board may refer cases of unlicensed
practice to appropriate law enforcement authorities for prosecution.
3.00-3.05 Occupational Therapists
4.00-4.03 Athletic Trainers
5.00: Physical Therapists
5.01: Definitions
Accredited Educational Program. A program meeting the current requirements of the Commission
on Accreditation in Physical Therapy Education (CAPTE).
APTA. American Physical Therapy Association.
Examination. The examination for licensure currently approved by the Federation of State Boards of
Physical Therapy and accepted by the Board.
Physical Therapy Aide. A person not licensed in physical therapy who works under the direct
supervision of a physical therapist or physical therapist assistant. This individual may also be known
as a rehabilitation aide or some other similar title.
5.02: Use of Supportive Personnel
(1) Responsibility for Supportive Personnel. Primary responsibility for physical therapy care
rendered by supportive personnel rests with the supervising physical therapist.
(2) Supervision of Physical Therapist Assistants and Physical Therapy Aides. Supervision of
physical therapist assistants and physical therapy aides requires, at a minimum, that a supervising
physical therapist perform the following:
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(a) interpret available information concerning the individual under care;
(b) provide initial evaluation;
(c) develop plan of care, including long and short term goals;
(d) identify and document precautions, special problems, contraindications, anticipated progress,
and plans for reevaluation;
(e) select and delegate appropriate tasks in the plan of care;
(f) designate or establish channels of written and oral communication;
(g) assess competence of supportive personnel to perform assigned tasks;
(h) direct and supervise supportive personnel in delegated tasks; and
(i) re-evaluate, adjust plan of care when necessary, perform final evaluation and establish follow-up
plan.
(3) Supervision by Physical Therapists.
(a) Physical therapists must exercise their professional judgement when determining the number of
supportive personnel they can safely and effectively supervise to ensure that quality care is provided
at all times.
(b) Licensed physical therapy personnel must provide adequate staff to patient ratio at all times to
ensure the provision of safe, quality care.
(c) A physical therapist must provide supervision to physical therapist assistants.
(d) A physical therapist must provide direct supervision to the following persons rendering
physical services:
1.
2.
3.
4.
physical therapist students;
physical therapist assistant students;
foreign permit holders; and
physical therapy aides, rehabilitation aides, or persons known by other similar titles.
(4) Performance of Services by Physical Therapist Assistants.
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(a) Physical therapist assistants may not initiate or alter a treatment program without prior
evaluation by and approval by the supervising physical therapist.
(b) Physical therapist assistants may, with prior approval by the supervising physical therapist,
adjust a specific treatment procedure in accordance with changes in patient status.
(c) Physical therapist assistants may not interpret data beyond the scope of their physical therapist
assistant education.
(d) Physical therapist assistants may respond to inquiries regarding patient status to appropriate
parties within the protocol established by the supervising physical therapist.
(e) Physical therapist assistants shall refer inquiries regarding patient prognosis to a supervising
physical therapist.
(5) Supervision by Physical Therapist Assistants.
(a) Physical therapist assistants must exercise their professional judgement when determining the
number of supportive personnel they can safely and effectively supervise to ensure that quality care
is provided at all times.
(b) A physical therapist assistant must provide direct supervision to the following persons
rendering physical therapy services:
1. physical therapist assistant students;
2. physical therapist assistant foreign permit holders; and
3. physical therapy aides, rehabilitation aides or persons known by other similar titles.
(6) Performance of Services by Physical Therapy Aides. Activities which may be performed by
physical therapy aides under appropriate supervision are restricted to:
(a) follow-up of functional and ambulation activities;
(b) follow-up of routine specific exercises;
(c) application of superficial heat and cold; and
(d) non-treatment related activities such as secretarial and housekeeping, transporting patients and
preparation for treatment. These activities may be performed under the supervision of a physical
therapist or physical therapist assistant.
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Note: A physical therapist or physical therapist assistant must provide direct supervision to a
physical therapy aide performing activities listed in 259 CMR 5.02(6)(a), (b) and (c).
5.03: Assessment and Documentation of Physical Therapy Treatment Program
A physical therapist shall assess and document patient status and any change in the program being
provided by a physical therapist assistant on a timely basis. Timely assessment is determined by the
particular work setting as follows:
(a) acute care: at least every seven to ten days;
(b) outpatient, rehabilitation, home health, skilled nursing facility: at least every 30
(c) long term chronic care facility and schools: at least every 60 days.
days; and
5.04: Co-signing of Documentation
(1) (a) The supervising physical therapist must co-sign the documentation of physical therapist
students and those holding foreign permits as physical therapists.
(b) The supervising physical therapist or physical therapist assistant must co-sign the
documentation of physical therapist assistant students, those holding foreign permits as physical
therapist assistants and physical therapy aides, rehabilitation aides and persons known by other
similar titles.
(2) Physical therapist assistants are not required to have their documentation co-signed.
(3) Physical therapy aides, rehabilitation aides, or persons known by other similar titles may not
make entries in a patient's record regarding the patient's status. Information describing impairments
(such as ROM, strength, cognition, balance, etc) and function, as well as subjective information (such
as patient responses to treatment, report of symptoms and psychological status), is considered to be
patient status information which may not be entered in a patient record by aides and persons known
by similar titles. Objective information, such as the number of repetitions performed, may be entered
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on log and flow sheet type documents by aides and such other persons. Entries of objective
information by aides and such other persons must be co-signed by the supervising physical therapist
or physical therapist assistant, in accordance with the requirements of 259 CMR.
5.05: Code of Ethics
(1) Code of Ethics. The Code of Ethics, Guide for Professional Conduct and Standards of Physical
Therapy Services and Physical Therapy Practitioners of the APTA, in their most recently updated
formats, are adopted as the ethical standards of practice for persons holding a license to practice
physical therapy.
(a) As provided in the Code of Ethics, when a referral relationship exists, the physical therapist will
provide ongoing communication with the licensed referring practitioner regarding changes in plans
of care, treatment programs, and termination of services.
(b) When there is no practitioner referral, the physical therapist must refer to a licensed practitioner
of medicine, dentistry, or podiatry if symptoms are present of which physical therapy is
contraindicated or which symptoms are indicative of conditions for which treatment is outside the
scope of practice of the physical therapist.
(2) Disclosure. If a physical therapist is involved in an arrangement with a referring source in which
the referring source derives income from the physical therapy service, the physical therapist has an
obligation to disclose to the patient that the referring source derives income from the provision of the
physical therapy service (M.G.L. c. 112, Section 23P½).
(3) Ownership Interest and Referrals.
(a) A physical therapist involved in the private practice of physical therapy to whom a patient is
referred by a person licensed or registered under M.G.L. c. 112 who derives income directly or
indirectly from the physical therapy services shall file with the Board not later than January 31 of
each even numbered year the following:
1. A copy of the "Notice of Ownership Interest" containing the names of all persons maintaining an
ownership interest in such practice, which notice is required to be posted in a conspicuous space in
the office of the physical therapist. (M.G.L. c. 112, Section 23P½)
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2. A report of the number of referrals to such practice during the previous 24 month period by each
person licensed under M.G.L. c. 112 who has an ownership in such practice.
(b) Ownership interest shall mean any and all ownership interest including, but not limited to any
membership, proprietary interest, stock interest, partnership interest, co-ownership in any form or
any profit sharing arrangement. (M.G.L. c. 112, Section 23P½)
(4) Division of Fees. Physical therapists may not directly or indirectly request, receive or participate
in the dividing, transferring, assigning, rebating or refunding of an unearned fee or to profit by
means of a credit of other valuable consideration such as an unearned commission, discount or
gratuity in connection with the furnishing of physical therapy services.
5.06 Designations
(1) A physical therapist shall use the initials PT after his name.
(2) A student currently enrolled in an accredited program in physical therapy shall use the initials
PT/s after his name.
(3) A physical therapist assistant shall use the initials PTA after her name.
(4) A student currently enrolled in an accredited physical therapy assistant program shall use the
initials PTA/s after her name.
NEW HAMPSHIRE PHYSICAL THERAPY PRACTICE ACT
TITLE XXX
OCCUPATIONS AND PROFESSIONS
CHAPTER 328-A
PHYSICAL THERAPY PRACTICE ACT
328-A:1 Legislative Intent. – This chapter is enacted for the purpose of protecting the public health,
safety, and welfare, and of providing for state administrative control, supervision, licensure and
regulation of the practice of physical therapy. It is the legislature's intent that only individuals who
meet and maintain prescribed standards of competence and conduct may engage in the practice of
physical therapy as authorized by this chapter. This chapter shall be liberally construed to promote
the public interest and to accomplish the purpose stated herein.
Source. 2002, 237:1, eff. July 1, 2002.
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328-A:2 Definitions. – In this chapter and RSA 328-F:
I.
"Board' means the physical therapy governing board established in RSA 328-F.
II.
"Consultation by means of telecommunication' means that a physical therapist renders
professional or expert opinion or advice to another physical therapist or health care provider
via telecommunications or computer technology from a distant location. It includes the
transfer of data or exchange of educational or related information by means of audio, video, or
data communications.
III.
"Direct personal supervision' means that the physical therapist or the physical therapist
assistant is physically present and immediately available to direct and supervise tasks that are
related to patient/client management. The direction and supervision is continuous throughout
the time these tasks are performed. Telecommunications does not meet the requirement of
direct personal supervision.
IV.
"Direct supervision' means that the physical therapist is physically present and immediately
available for direction and supervision. The physical therapist will have direct contact with the
patient/client during each visit that is defined as all encounters with a patient/client in a 24hour period. Telecommunications does not meet the requirement of direct supervision.
V.
"General supervision' means that the physical therapist is not required to be on-site for
direction and supervision, but must be available at least by telecommunications.
VI.
"Jurisdiction of the United States' means any state, territory or the District of Columbia that
licenses physical therapists.
VII. "Physical therapist' or "physiotherapist' means a person who is licensed pursuant to this
chapter to practice physical therapy in this state.
VIII. "Physical therapist assistant' means a person who meets the requirements of this chapter for
licensure and who assists the physical therapist in selected components of physical therapy
intervention.
IX.
"Physical therapy' or "physiotherapy' means the care and services provided by or under the
direction and supervision of a physical therapist who is licensed pursuant to this chapter.
X.
"Physical therapy aide' means a support person trained under the direction of a physical
therapist who performs designated and supervised routine tasks related to physical therapy.
XI.
XI. "Practice of physical therapy' or "practice of physiotherapy' means:
(a) Testing, examining and evaluating impairments, movement dysfunctions, and
disabilities or other health and movement-related conditions in order to determine a diagnosis,
prognosis, and plan of intervention, and to assess the outcomes of intervention.
(b) Alleviating impairments, movement dysfunctions, and disabilities by designing and
implementing, and modifying interventions that include, but are not limited to therapeutic
exercise; training related to movement dysfunctions in self care and in home, community or
work integration or reintegration; manual therapy including soft tissue and joint mobilization;
therapeutic massage; assistive and adaptive orthotic, prosthetic, protective and supportive
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devices and equipment related to movement dysfunctions; airway clearance techniques;
integumentary protection and repair techniques; debridement and wound care; physical
agents or modalities; mechanical and electrotherapeutic modalities; and patient-related
instruction.
(c) Reducing the risk of injury, impairment, movement dysfunctions and disability,
including the promotion and maintenance of health, wellness, and fitness in populations of all
ages.
(d) Engaging in administration, consultation, education and research.
XII. "Restricted license' means a license on which the board places restrictions or conditions, or
both, as to scope of practice, place of practice, supervision of practice, duration of licensed
status, or type or condition of patient or client to whom the licensee may provide services.
XIII. "Testing' means standardized methods and techniques used to gather data about the patient,
including electrodiagnostic and electrophysiologic tests and measures.
Source. 2002, 237:1, eff. July 1, 2002. 2003, 310:5, eff. July 1, 2003.
328-A:3 Powers and Duties of the Board. – The board shall:
I.
Provide for the examinations for physical therapists and physical therapist assistants and
adopt passing scores for these examinations.
II.
Issue initial, conditional, renewal, and reinstated licenses to persons who meet the
requirements of this chapter, RSA 328-F, and the rules of the board.
III.
Regulate the practice of physical therapy by interpreting and enforcing this chapter.
IV.
Employ or contract with any entity for the purpose of administering examinations authorized
by this chapter.
V.
[Repealed.]
VI.
Elect officers from its members necessary for the operations and obligations of the board.
Terms of office shall be one year.
VII. Provide for the timely orientation and training of new professional and public appointees to
the board regarding board licensing and disciplinary procedures, this chapter and board rules,
policies and procedures.
VIII. Maintain a current list of all persons regulated under this chapter, including the person's
name, current business and residential address, telephone numbers and license number.
IX.
Provide information to the public regarding the complaint process.
X.
Employ necessary personnel to carry out the administrative work of the board. Board
personnel are eligible to receive compensation pursuant to RSA 328-F.
XI.
XI. Enter into contracts for services necessary for adequate enforcement of this chapter.
XII. Publish, at least annually, final disciplinary action taken against a licensee.
XIII. Publish, at least annually, board rulings, opinions, and interpretations of statutes or rules
in order to guide persons regulated pursuant to this chapter.
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XII. XIV. Participate in or conduct performance audits of the board.
Source. 2002, 237:1, eff. July 1, 2002. 2003, 310:6-8, 65, I, eff. July 1, 2003.
Section 328-A:4
328-A:4 Rulemaking. – The board shall adopt rules pursuant to RSA 541-A:
I.
Establishing standards for approving entities which evaluate credentials of foreigneducated applicants for licensure.
II.
Establishing standards for approving professional physical therapy education programs
and for approving national accreditation organizations that accredit professional physical
therapy education programs.
III.
Specifying the examinations and passing scores required as part of the eligibility
requirements for licensure or the standards which such examinations and examination
scores are required to meet.
IV.
Establishing the standards for board approval of an applicant's plan for additional clinical
training or course work or both under the circumstances of an applicant's request to retake
the examination more than 3 times.
V.
Specifying the selected components of physical therapy intervention in which licensed
physical therapists may assist.
VI.
Specifying the use of assistive personnel and their supervision by licensed physical
therapists.
VII. Regulating any other matter necessary for the administration of this chapter and the
board's duties and responsibilities under RSA 328-F.
Source. 2002, 237:1, eff. July 1, 2002. 2003, 310:9, eff. July 1, 2003.
Section 328-A:5
328-A:5 Eligibility for Licensure.
I.
An applicant for a license as a physical therapist who has been educated in the United
States shall:
(a) Be of good moral character.
(b) [Repealed.]
(c) Be a graduate of a professional physical therapy education program accredited by
the Commission on the Accreditation of Physical Therapy Education or by another boardapproved accrediting organization.
(d) Have successfully passed the national examination approved by the board.
(e) Have maintained continuing competency in physical therapy for a period of one
year prior to filing.
II.
An applicant for a license as a physical therapist who has been educated outside of the
United States shall:
(a) Be of good moral character.
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(b) [Repealed.]
(c) Have completed a professional physical therapy education program sponsored by
an institution recognized by the ministry of education of the country of the institution's
location and determined by either The Foreign Credentialing Commission on Physical
Therapy or another board-approved entity performing credentials evaluations to be
substantially equivalent to a program approved by the board for applicants educated in the
United States.
(d)-(f) [Repealed.]
(g) Have passed the board-approved English proficiency examinations if the
applicant's native language is not English.
(h) Have successfully passed the national examination approved by the board.
(i) Have maintained continuing competency in physical therapy for a period of one
year prior to filing.
III.
Notwithstanding the provisions of paragraph II, if the foreign-educated applicant is a
graduate of a professional physical therapy education program accredited by the
Commission on the Accreditation of Physical Therapy Education or by another boardapproved accrediting organization or is a graduate of a professional physical therapy
education program approved by the board, the board shall waive the requirements of
paragraph II(c).
IV.
An applicant for a license as a physical therapist assistant shall:
(a) Be of good moral character.
(b) [Repealed.]
(c) Be a graduate of a physical therapist assistant education program accredited by the
Commission on the Accreditation of Physical Therapy Education or by another boardapproved organization.
(d) Have successfully passed the national examination approved by the board.
(e) Have maintained continuing competency in physical therapy for a period of one
year prior to filing.
Source. 2002, 237:1, eff. July 1, 2002. 2003, 310:10-19, 65, II-V, eff. July 1, 2003.
Section 328-A:6
328-A:6 Application; Statement of Deficiencies; Hearing. – [Repealed 2003, 310:65, VI, eff. July 1,
2003.]
Section 328-A:7
328-A:7 Examination.
I.
The board shall conduct examinations within the state at least quarterly at a time and place
prescribed by the board. The passing score shall be determined by the board.
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II.
A physical therapist applicant may take the examination for licensure after the application
process has been completed with the exception of submission of documentation showing
the applicant has passed the required examination. A national physical therapy exam shall
test competency related to physical therapy theory, examination and evaluation, diagnosis,
prognosis, treatment intervention, prevention, and consultation.
III.
A physical therapist assistant applicant may take the examination for licensure after the
application process has been completed with the exception of submission of documentation
showing the applicant has passed the required examination. A national examination shall
test for requisite knowledge and skills in the technical application of physical therapy
services.
IV.
An applicant for licensure who does not pass the examination after the first attempt may
retake the examination 3 additional times. An applicant shall not retake the examination a
fourth time unless:
(a) The applicant has completed a new application for licensure, with the exception of
submission of documentation showing that the applicant has passed the examination.
(b) The applicant has submitted, and the board has approved, a plan for completion of
additional clinical training or coursework or both.
Source. 2002, 237:1, eff. July 1, 2002. 2003, 310:20, eff. July 1, 2003.
Section 328-A:8
328-A:8 Exemptions From Licensure.
I.
Nothing in this chapter shall be construed to restrict a person licensed under any law of this
state from engaging in the profession or practice for which that person is licensed.
II.
For physical therapists, the following persons are exempt from the licensure requirements
of this chapter when engaged in the following activities:
(a) A person in a professional education program approved by the board who is
pursuing a course of study leading to a degree as a physical therapist when that person is
satisfying supervised clinical education requirements related to the person's physical
therapy education while under on-site supervision of a licensed physical therapist.
(b) A physical therapist who is practicing in the Untied States Armed Services, United
States Public Health Service or Veterans Administration pursuant to federal regulations for
state licensure of health care providers.
(c) A physical therapist who is licensed in another jurisdiction of the United States or a
foreign-educated physical therapist credentialed in another country if that person is
performing physical therapy in connection with teaching or participating in an educational
seminar of no more than 60 days in a calendar year.
(d) A physical therapist who is licensed in another jurisdiction of the United States or
credentialed in another country, when that person by contract or employment is providing
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physical therapy services to individuals affiliated with or employed by established athletic
teams, athletic organizations, or performing arts companies temporarily practicing,
competing, or performing in the state for no more than 60 days in a calendar year.
III.
For physical therapist assistants, the following persons are exempt from the licensure
requirements of this chapter when engaged in the following activities:
(a) A person in a professional education program approved by the board who is
pursuing a course of study leading to a degree as a physical therapist assistant when that
person is satisfying supervised clinical education requirements related to the person's
physical therapist assistant education while under direct supervision of a physical
therapist.
(b) A physical therapist assistant who is practicing in the United States Armed Services,
United States Public Health Service or Veterans Administration pursuant to federal
regulations for state licensure of health care providers.
(c) A person licensed as a physical therapist assistant in another jurisdiction of the
United States if that person is assisting in selected components of physical therapy
intervention in connection with teaching or participating in an educational seminar of no
more than 60 days in a calendar year.
Source. 2002, 237:1, eff. July 1, 2002. 2003, 310:21-23, eff. July 1, 2003.
Section 328-A:9
328-A:9 Lawful Practice.
I.
II.
III.
IV.
V.
VI.
A physical therapist licensed under this chapter is fully authorized to practice physical
therapy as defined herein.
A physical therapist shall refer a patient or client to appropriate health care practitioners
when:
(a) The physical therapist has reasonable cause to believe symptoms or conditions are
present that require services beyond the scope of practice; or
(b) Physical therapy is contraindicated; or
(c) There is no documented improvement within 25 calendar days of the initiation of
treatment.
A physical therapist shall adhere to the code of ethics established by the board in rules.
A physical therapist assistant licensed under this chapter is authorized to assist a licensed
physical therapist in selected components of physical therapy intervention.
A physical therapist assistant shall adhere to the code of ethics established by the board in
rules.
A physical therapist may purchase and store topical and aerosol medications, to be
administered upon the prescription of a health care practitioner licensed in this state and
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permitted by law to prescribe medications. A physical therapist shall comply with rules of
the New Hampshire pharmacy
board specifying protocols for storage of medications.
Nothing in this chapter shall be construed as authorizing a licensed physical therapist to
practice medicine, osteopathy, chiropractic, naturopathy, or any other form or method of
healing, except physical therapy. The use of roentgen rays and radium for diagnostic and
therapeutic purposes, and the use of electricity for surgical purposes including
cauterization, shall not be authorized under the term "physical therapy' as used in this
chapter.
Source. 2002, 237:1, eff. July 1, 2002. 2003, 310:24, eff. July 1, 2003
Section 328-A:10
328-A:10 Use of Titles; Restrictions; Classification of Offenses.
I. 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.
II. A person or business entity, 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,' "CPT,' "MPT,' "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 such
services are provided by or under the direction of a physical therapist licensed pursuant to this
chapter. A person or entity that violates this paragraph is guilty of a violation for a first
offense, and guilty of a misdemeanor for any subsequent violations of this paragraph.
III. A physical therapist assistant shall use the letters "PTA' in connection with that person's name
to denote licensure hereunder.
IV. A person shall not use the title "physical therapist assistant,' the letters "PTA,' "RPTA,' "LPTA,'
"CPTA,' or any other words, abbreviations or insignia in connection with that person's name to
indicate or imply, directly or indirectly, that the person is a physical therapist assistant unless
that person is licensed as a physical therapist assistant pursuant to this chapter. A person who
violates this paragraph is guilty of a misdemeanor.
Source. 2002, 237:1, eff. July 1, 2002. 2003, 310:25, eff. July 1, 2003
Section 328-A:11
328-A:11 Obligations of Licensees.
I. A physical therapist is responsible for managing all aspects of the physical therapy care of
each patient. The physical therapist shall provide:
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(a) The initial written evaluation for each patient;
(b) Periodic written re-evaluation of each patient; and
(c) A written discharge plan for the patient and the patient's response to treatment at
discharge.
II. A physical therapist shall assure the qualifications of all assistive personnel to perform
specific designated tasks through written documentation of the assistive personnel's
education and training.
III. For each date of service, a physical therapist shall provide all therapeutic interventions that
require the expertise of a physical therapist and shall determine the use of assistive
personnel that provides delivery of service that is safe, effective, and efficient for each
patient.
IV. A physical therapist assistant shall work under a physical therapist's general supervision. A
physical therapist assistant shall document care provided and shall report to a supervising
physical therapist any status in a patient requiring a change in the plan of care. The
supervising physical therapist shall review and co-sign all notes during each reevaluation.
V. A physical therapist may use physical therapy aides for designated routine tasks. A physical
therapy aide shall work under the direct personal supervision of a physical therapist or a
physical therapist assistant.
VI. [Repealed.]
VII. A physical therapist's responsibility for patient care management shall include oversight of
all documentation for services rendered to each patient, including awareness of fees charged
or reimbursement methodology used. A physical therapist shall also be aware of what
constitutes unreasonable or fraudulent fees.
Source. 2002, 237:1, eff. July 1, 2002. 2003, 310:26, 65, VII, eff. July 1, 2003.
Section 328-A:12
328-A:12 Unlawful Practice; Penalties and Injunctive Relief.
I. It is unlawful for any person to practice or in any manner to represent, imply, or claim to
practice physical therapy or use any word or designation that implies that the person is a
physical therapist unless that person is licensed pursuant to this chapter. An unlicensed
person who engages in an activity requiring a license pursuant to this chapter or uses any
title, letters, or any description of services that incorporates one or more of the terms,
designations, or abbreviations in violation of RSA 328-A:10 that implies that the person is
licensed to engage in the practice of physical therapy is guilty of a misdemeanor.
II. It is unlawful for any person who is not licensed as a physical therapist assistant under this
chapter to assist in selected components of physical therapy intervention requiring the
knowledge and skill of a physical therapist assistant. A person licensed as a physical
therapist assistant who engages in an activity requiring a license as a physical therapist or
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uses any title, letters, or any description of services that incorporates one or more of the
terms, designations, or abbreviations in violation of RSA 328-A:10, I or II is guilty of a
misdemeanor.
III. The board may investigate any person to the extent necessary to determine if the person is
engaged in the unlawful practice of physical therapy. If an investigation indicates that a
person may be practicing physical therapy unlawfully, the board shall inform the person of
the alleged violation. The board may refer the matter for prosecution regardless of whether
the person ceases the unlawful practice of physical therapy.
IV. The board, through the attorney general, may apply for injunctive relief in any court of
competent jurisdiction to enjoin any person from committing any act in violation of this
chapter. Injunctive proceedings are in addition to, and not in lieu of, all penalties and other
remedies prescribed in this chapter.
Source. 2002, 237:1, eff. July 1, 2002. 2003, 310:27, eff. July 1, 2003.
328-A:13 Reporting Violations; Immunity.
I. Regulated persons and entities, including but not limited to licensees, insurance companies,
health care organizations, and health care facilities, shall report to the board any conviction by
a court of law or determination by an agency that a licensee has committed an act that
constitutes a violation of this chapter.
II. Persons and entities shall be immune from civil liability, whether direct or derivative, for
providing information in good faith to the board pursuant to paragraph I.
III. The board shall not disclose the identity of a person or entity who provides information unless
disclosure is required by disciplinary proceedings or a court of law.
Source. 2002, 237:1, eff. July 1, 2002. 2003, 310:28, 29, eff. July 1, 2003.
328-A:14 Substance Abuse Recovery Program. – In lieu of a disciplinary proceeding prescribed by
this chapter or RSA 328-F, the board may permit a licensee to actively participate in a boardapproved substance abuse recovery program if:
I. The board has evidence that the licensee is impaired.
II. The licensee has not been convicted of a felony relating to a controlled substance in a court of
law of the United States or any other territory or country.
III. The licensee enters in to a written agreement with the board for a restricted license and
complies with all the terms of the agreement, including making satisfactory progress in the
program and adhering to any limitations on the licensee's practice work imposed by the
board to protect the public. Failure to enter into such an agreement shall activate an
immediate investigation and disciplinary proceedings by the board.
IV. As part of the agreement established between the licensee and the board, the licensee signs a
waiver allowing the substance abuse program to release information to the board if the
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licensee does not comply with the requirements of this section or is unable to practice or
work with reasonable skill or safety.
Source. 2002, 237:1, eff. July 1, 2002.
Section 328-A:15
328-A:15 Rights of Consumers; Confidentiality.
I. The public shall have access to the following information:
(a) A list of licensees and interim license holders that includes place of practice, license or
interim license number, date of license or interim license expiration and status of license.
(b) A list of physical therapist assistants licensed in the state, including place of
employment, license number and date of license expiration.
(c) Official actions taken by the board and other board records required to be disclosed
under RSA 91-A.
II. The home address and telephone numbers of physical therapists and physical therapist
assistants shall not be public record and shall be kept confidential by the board unless they are
the only addresses and telephone numbers of record.
III. If a referring practitioner is deriving direct or indirect compensation from the referral to
physical therapy the physical therapist shall disclose this information in writing to the patient
prior to the initial evaluation.
IV. A physical therapist shall disclose in writing to a patient any financial interest in products that
the physical therapist endorses and recommends to the patient at the time of such
endorsement or recommendation.
V. A physical therapist shall inform each patient that the patient has freedom of choice in services
and products.
VI. Confidential communications between physical therapists and physical therapist assistants
and their patients are placed on the same legal basis as those between physician and patient,
and, except as otherwise provided by law, no licensee shall be required to disclose such
privileged communications. Confidential communications between a patient of a licensee and
any person working under the supervision of such licensee to provide services that are
customary and necessary for diagnosis and treatment are privileged to the same extent as
would be the same communications between the supervising licensee and the patient. The
privilege for confidential communications shall not apply to investigations and disciplinary
proceedings conducted by any agency regulating health occupations or professions in this
state.
VII. Any person may submit a complaint regarding any licensee or any other person potentially in
violation of this chapter.
VIII. Unless used in disciplinary proceedings, the following shall be held confidential by the board:
(a) Complaints received by the board.
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(b) Information and records acquired by the board during its investigations of complaints
and other information relating to violations of this chapter coming to the attention of the
board.
(c) Reports and records made by the board as a result of such investigations.
(d) Patient records, including clinical records, files, oral or written reports relating to
diagnostic findings or treatment of licensees' patients, and oral or written information from
which the identity of licensees' patients or their families can be derived.
IX. Each licensee shall display a copy of the licensee's license or current renewal verification or a
notice of the availability of this information in a location accessible to public view at the
licensee's place of practice.
Source. 2002, 237:1, eff. July 1, 2002. 2003, 310:30-35, eff. July 1, 2003.
Section 328-A:15-a
328-A:15-a Eligibility for Renewal of License.
I. Persons licensed as physical therapists are eligible for renewal of their licenses if they:
(a) Have not violated this chapter or RSA 328-F nor demonstrated poor moral character.
(b) Meet any continuing education and continuing competency requirements established
by the board in rules adopted pursuant to RSA 541-A.
II. Persons licensed as physical therapist assistants are eligible for renewal of their licenses if they:
(a) Have not violated this chapter or RSA 328-F nor demonstrated poor moral character.
(b) Meet any continuing education and continuing competency requirements established
by the board in rules adopted pursuant to RSA 541-A.
Source. 2003, 310:36, eff. July 1, 2003.
CHAPTER 328-F
ALLIED HEALTH PROFESSIONALS
Section 328-F:1
328-F:1 Purpose. – The purpose of this chapter is to regulate allied health professionals in the state
to assure that the services provided are effective and of a quality consistent with the standard of care
within each profession, and to safeguard the public against harm which may be caused by
unqualified, impaired, or unlicensed practitioners.
Source. 1997, 287:1, eff. Jan. 1, 1998.
328-F:2 Definitions. –
I. "Board of directors' means the chairpersons or their appointees of all the governing boards which
shall be responsible for the administrative operation of the office of licensed allied health
professionals.
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II. "Governing boards' means individual licensing boards of athletic trainers, occupational therapy
assistants, occupational therapists, physical therapists, physical therapist assistants, respiratory care
practitioners, and speech-language pathologists.
III. "Occupational therapy' means "occupational therapy' as defined in RSA 326-C:1, III.
IV. "Office of licensed allied health professionals' means an agency of multiple governing boards in
professions of the allied health field.
V. "Physical therapy' or "physiotherapy' means "physical therapy' or "physiotherapy' as defined in
RSA 328-A:2, IX.
VI. " Athletic training' means " "athletic training' as defined in RSA 326-G:1, III.
VII. "Respiratory care' means "respiratory care' as defined in RSA 326-E:1, X.
VIII. "Speech-language pathology' means "speech-language pathology' as defined in RSA 326-F:1,
IV.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2002, 237:2, eff. July 1, 2002; 275:3, eff. July 17, 2002. 2003, 310:37,
eff. July 1, 2003.
328-F:3 Governing Boards Established; Board of Directors; Office of Licensed Allied Health
Professionals. –
I. There shall be established governing boards of athletic trainers, occupational therapists,
respiratory care practitioners, physical therapists, and speech-language pathologists.
II. The governing boards' chairpersons or their appointees shall make up the board of directors of
the office of licensed allied health professionals. The board of directors shall, subject to the rules
adopted by the director of the division of personnel, have authority to establish and fill a supervisory
position at labor grade 21 and technical and clerical positions to run the office's business in an
efficient manner, and to contract for the services of investigators and legal counsel. The board of
directors shall have the authority to delegate to the person in the supervisory position matters of
administrative and personnel management.
III. There shall be an office of licensed allied health professionals established in Concord. It shall be
an administratively attached agency, under RSA 21-G:10, to the department of health and human
services.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2001, 158:100, eff. Dec. 28, 2001. 2003, 310:38, eff. July 1, 2003.
328-F:4 Governing Boards; Memberships; Appointments. –
I. Each governing board shall be composed of 5 persons, each to be appointed by the governor with
the approval of the council, to a term of 3 years. Members shall serve until the expiration of the term
for which they have been appointed or until their successors have been appointed and qualified. No
board member shall be appointed to more than 2 consecutive terms. Any professional members of all
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governing boards shall maintain current and unrestricted New Hampshire licenses.
II. The initial appointees to the governing boards shall serve as follows: one initial appointee who is
a licensed professional shall serve a term of one year, one initial appointee who is a licensed
professional shall serve a term of 2 years, one initial public member shall serve a term of 2 years, and
the remaining 2 initial appointees shall serve terms of 3 years. An initial appointment of less than 3
years shall not be considered a full term.
III. Each public member of a governing board shall be a person who is not, and never was a
member of the applicable allied health profession or the spouse of any such person, and who does
not have, and never has had a material financial interest in either the provision of that allied health
service, a health insurance company, or health maintenance organization, including representation of
the board or profession for a fee at any time during the 5 years preceding appointment.
IV. The athletic trainers governing board shall consist of 3 licensed athletic trainers, who have
actively engaged in the practice of athletic training in this state for at least 3 years, one physician
educated in the current practice of sports medicine, and one public member.
V. The occupational therapy governing board shall consist of 2 licensed occupational therapists and
one occupational therapy assistant, who have actively engaged in the practice of occupational
therapy in this state for at least 3 years, one physician knowledgeable in the practice of occupational
therapy, and one public member.
VI. The physical therapy governing board shall consist of 2 licensed physical therapists and one
physical therapist assistant, who have actively engaged in the practice of physical therapy in this
state for at least 3 years, and 2 public members.
VII. The respiratory care practitioner governing board shall consist of 3 licensed respiratory care
practitioners, who have actively engaged in the practice of respiratory care in this state for at least 3
years, one physician knowledgeable in the practice of respiratory care, and one public member.
VIII. The speech-language pathology governing board shall consist of 4 licensed speech-language
pathologists who have actively engaged in the practice of speech-language pathology in this state for
at least 3 years, and one public member. At least one speech-language pathologist shall be employed
in an educational setting and at least one employed in a clinical setting.
Source. 1997, 287:1, eff. Jan. 1, 1998.
328-F:5 Duties. – Each governing board shall have the authority to:
I. Issue initial licenses, conditional initial licenses, license renewals, conditional license renewals,
reinstated licenses and conditional reinstated licenses to persons who are eligible.
II. Investigate licensees and take necessary disciplinary action against them.
III. Report final disciplinary actions to appropriate national databases.
IV. Take legal action against unauthorized practice in accordance with this chapter.
V. Investigate and prepare reports on any matter within its scope of authority under this chapter
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and the board's practice act.
VI. Adopt rules as authorized in this chapter and the board's practice act.
VII. Carry out the responsibilities set forth in the board's practice act.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:39, eff. July 1, 2003.
328-F:6 Compensation; Expenses. – Members of the governing boards shall receive $50 per day for
meetings, and shall be reimbursed for travel expenses incurred in connection with the work of the
board.
Source. 1997, 287:1, eff. Jan. 1, 1998.
328-F:7 Removal of Members; Vacancies. – The governor and council may remove any member of
the governing boards for misconduct, incompetence, neglect of duty, or other sufficient cause after
the member has been given a written statement of the charges and an opportunity to be heard
regarding such charges. Any vacancy in the membership of the board shall be promptly filled for the
unexpired term.
Source. 1997, 287:1, eff. Jan. 1, 1998.
328-F:8 Organization and Meeting. – Each governing board shall meet monthly, or more often as its
business requires. A majority of each governing board shall constitute a quorum.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:40, eff. July 1, 2003.
328-F:9 Records of the Boards. – A true record of all of each board's official acts shall be made and
preserved. The records shall be public and shall be open to inspection at all reasonable times, except
for records compiled in connection with disciplinary investigations and records otherwise exempt
from disclosure under RSA 91-A or other applicable statutes.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:41, eff. July 1, 2003.
328-F:10 Records of Licensees and Disciplinary History. –
I. Each governing board shall maintain a list of living or deceased persons who have ever been
licensed to practice. The list shall show the licensee's last known place of employment, last known
place of residence, the number of the license, and the most recent date of issuance, renewal, or
reinstatement. No information on the list shall be transferred to another entity for commercial use
without the permission of the person to whom the information applies.
II. Each governing board shall maintain a list of persons against whom the board has taken any
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disciplinary action. This list shall include the name of the person, the reason for the disciplinary
action, the date of the disciplinary action, and the nature of the disciplinary action.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:42, eff. July 1, 2003.
328-F:11 Rulemaking by the Governing Boards. –
I. The governing boards shall adopt rules pursuant to RSA 541-A establishing:
(a) The eligibility requirements for initial licensure.
(b) The eligibility requirements for license renewal, including any continuing competency
requirements and any requirements for education, clinical experience, and training.
(c) If the governing boards issue conditional licenses, renewals, or reinstatements after lapse of
license or suspension, the circumstances under which they are issued and the standards for the
imposition of the conditions.
(d) The application procedures and eligibility requirements, including any continuing
competency requirements, for the reinstatement of licenses suspended for disciplinary reasons.
(e) The application procedures and eligibility requirements, including any continuing
competency requirements, for the reinstatement of lapsed licenses.
(f) The design and content of application forms, which forms may require a notarized affidavit
that the information provided in the application is complete and accurate.
(g) Application procedures.
(h) The allocation of disciplinary sanctions in cases of misconduct by licensees.
II. The governing boards may adopt rules pursuant to RSA 541-A that specify, for their respective
professions:
(a) The scope of practice.
(b) The ethical standards.
(c) The eligibility requirements and procedures for the issuance of licenses to applicants currently
licensed in foreign countries and territories and in the territories of the United States.
(d) What constitutes, for disciplinary purposes, sexual relations with and sexual harassment of, a
client or patient.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2002, 237:3, eff. July 1, 2002; 275:4, eff. July 17, 2002. 2003, 310:43,
eff. July 1, 2003.
328-F:12 Responsibilities of the Board of Directors. –
I. The board of directors shall be responsible for preparing and submitting the biennial budget,
setting fees, and allocating appropriated funds to each governing board.
II. Annually, the board of directors shall submit to the governor a report of the transactions of the
preceding year and a complete statement of the receipts and expenditures of the boards.
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III. The board of directors shall meet at least quarterly and more often if needed.
IV. The board of directors shall provide a forum for practice issues arising in the allied health
professions, but shall not set policy for the governing boards.
V. The board of directors shall receive and account for all moneys taken in by the governing boards
pursuant to their respective practice acts, and shall pay such moneys to the state treasurer to be
deposited into the general fund.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:44-46, eff. July 1, 2003.
328-F:13 Board of Directors; Rulemaking Authority. – The board of directors shall adopt rules,
pursuant to RSA 541-A, establishing:
I. Procedures for the voluntary surrender of licenses issued by the governing boards.
II. Procedures for the receipt of misconduct complaints and the conduct of disciplinary
proceedings.
III. Fees authorized by this chapter.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:47, eff. July 1, 2003.
328-F:14 Receipts and Disbursements. – [Repealed 2003, 310:65, VIII, eff. July 1, 2003.]
328-F:15 Fees. –
I. The board of directors shall establish fees for:
(a) The processing of applications for initial licensure.
(b) Initial licenses.
(c) Renewal of licenses.
(d) Late filing of applications for license renewal.
(e) Reinstatement of licenses after lapse.
(f) Transcribing and transferring records.
(g) The costs of a hearing by any governing board at which the issue is denial of, or imposition of
conditions on, an initial license, including the per diem and mileage of board members attending the
hearing and the cost of a shorthand court reporter if one is used to record the hearing.
II. Such fees shall be sufficient to produce estimated revenues equal to 125 percent of the direct
operating expenses for the board of directors and the governing boards for the previous fiscal year.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:48, eff. July 1, 2003.
328-F:16 Interim License. – [Repealed 2003, 310:65, IX, eff. July 1, 2003.]
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328-F:17 Applicants From Other States. – [Repealed 2003, 310:65, X, eff. July 1, 2003.]
328-F:18 Allied Health Professionals; Issuance of Licenses; Conditional Licenses. –
I. Each governing board shall issue initial licenses and license renewals to applicants who have
completed the required application procedures and have met the eligibility requirements established
by the practice act and the rules of the governing board. If a governing board is authorized by its
practice act to issue provisional licenses, it shall issue such licenses to applicants who have completed
the required application procedures and have met the eligibility requirements for provisional
licensure established by the practice act and the rules of the governing board.
II. The governing boards shall take no action on an application for any type of license, or reinstate
any lapsed or suspended license, until the applicant has completed the application procedures
required by the practice acts and the rules of the governing boards.
III. To insure the competency of licensees, the governing boards are authorized to issue initial
licenses, license renewals, and reinstatements of licensure after lapse or suspension for disciplinary
reasons that are conditional in nature. Such conditional licenses may include the following conditions
on the licensee's authorization to practice:
(a) A limit on the duration of the license.
(b) A requirement that specified education, clinical experience, or training is completed by the
licensee before removal of the condition.
(c) A requirement that the conditional licensee be supervised in his or her practice.
(d) A limitation on the scope of the practice of the conditional licensee.
IV. Initial licenses, including conditional licenses that are the first license issued to the individual,
and provisional licenses shall be:
(a) Signed and dated by the chairperson of the governing board issuing them.
(b) Numbered consecutively and recorded.
V. Nothing in this chapter or in the practice acts of the governing boards shall be construed to
restrict persons licensed under any other law of this state from engaging in a profession or practice
for which they are licensed.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:49, eff. July 1, 2003.
328-F:19 Renewal. –
I. Initial licenses and renewals shall be valid for 2 years, except that timely and complete
application for license renewal by eligible applicants shall continue the validity of the licenses being
renewed until the governing board has acted on the renewal application. Licenses issued pursuant to
RSA 328-A and RSA 326-G shall expire in even-numbered years and licenses issued pursuant to RSA
326-C, RSA 326-E and RSA 326-F shall expire in odd-numbered years.
II. Each governing board shall renew the licenses of applicants who meet the eligibility
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requirements and complete the application procedure.
III. Applicants shall submit completed applications for renewal on or before December 1 of the
renewal year. Completed renewal applications submitted between December 2 and December 31 of
the renewal year shall be accompanied by a late filing fee. Licenses shall lapse when completed
renewal applications have not been filed by December 31 of the renewal year, and their holders are
not authorized to practice until the licenses have been reinstated.
IV. The governing boards shall provide licensees, on or before November 1 of their renewal years,
with materials needed to complete their renewal applications, but failure of any licensees to receive
these materials shall not relieve them of the obligation to comply with the rules of the governing
boards and this section. Timeliness of submission of renewal applications shall be evidenced by
postmark or, for applications delivered by hand, by date stamp or other record made at the time of
delivery.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:50, eff. July 1, 2003.
328-F:20 Reinstatement of Lapsed Licenses. – Each governing board shall reinstate a license which
has lapsed as a result of the failure of the applicant to qualify for license renewal or to submit the
renewal application on time if the applicant:
I. Meets eligibility requirements for renewal.
II. Meets the reinstatement requirements and any continuing competency requirements established
by the governing board.
III. Complies with any application procedure established by the governing board.
IV. Pays the reinstatement fee.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:51, eff. July 1, 2003.
328-F:21 Administrative Obligations of Licensees. –
I. Licensees shall maintain their current business and home addresses on file with their governing
boards. Any changes in address shall be provided to the office no later than 30 days from the date of
the change.
II. Licensees shall notify their governing boards if licenses or other proof of licensure are lost or
stolen.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:52, eff. July 1, 2003.
328-F:22 Reinstatement. – [Repealed 2003, 310:65, XI, eff. July 1, 2003.]
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328-F:23 Disciplinary Action. –
I. Each governing board is authorized to undertake investigations and disciplinary proceedings
upon:
(a) The board's initiative.
(b) A written complaint made by any person complaining that a licensee has committed an act of
misconduct and specifying the nature of the misconduct.
(c) A written complaint made by any person that a licensee or any other person is engaged in
unauthorized practice.
(d) Notification by a licensing or certifying agency of this state that a licensee has been disciplined
by that agency.
(e) Notification by the regulatory authority of another domestic or foreign jurisdiction that a
licensee has been disciplined in that jurisdiction.
(f) A report made pursuant to the obligation to report imposed by this chapter.
II. Misconduct sufficient to support disciplinary proceedings shall include:
(a) Knowingly or negligently providing inaccurate material information to the board or failing to
provide complete and truthful material information upon inquiry by the board, including during the
process of applying for a license, license renewal, and license reinstatement.
(b) Any criminal conviction in any jurisdiction, excluding traffic violations, or failure to report
such conviction within 30 days.
(c) Violation of the ethical standards adopted by the governing board.
(d) Sexual relations with, or sexual harassment of, a client or patient.
(e) Failure to provide care with reasonable skill, safety and regard for client or patient rights,
whether or not the client or patient has suffered injury.
(f) Actual or potential inability to render care with reasonable skill and safety by reason of illness,
by reason of use of alcohol or drugs or any other material, or by reason of mental or physical
condition.
(g) Disciplinary action by a regulatory authority in another domestic or foreign jurisdiction.
(h) Failure to take appropriate action to safeguard individuals from incompetent counselors and
health care practitioners, whether or not they are licensed in this state.
(i) Practice without a currently valid license.
(j) Violation of any provision of this chapter, of any governing board's practice act or rule
adopted pursuant to RSA 541-A, or of any state or federal law reasonably related to the licensee's
authority to practice or ability to practice safely.
III. Each governing board is authorized to impose sanctions upon a finding of misconduct resulting
from disciplinary proceedings or the agreement of the licensee that he or she has engaged in specified
misconduct.
IV. Sanctions may include:
(a) License revocation.
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(b) License suspension for a specified period of time.
(c) License suspension conditioned on the achievement of specified continuing competency
requirements or continuing education, clinical experience or training.
(d) License suspension conditioned on successful participation in specified mental or physical
health treatment, a rehabilitative program, counseling, a professional assistance program or in any
other program designed to overcome the deficiency or condition in the licensee which appears to
have caused the misconduct.
(e) A requirement that the licensee's practice be supervised for a specified period of time by a
licensee practicing the same allied health profession.
(f) The imposition of an administrative fine not to exceed $1,000 for:
(1) An act of misconduct by a licensee.
(2) The practice of an allied health profession by a person who was once licensed to practice
such profession but does not currently hold a valid license or who is practicing in violation of the
conditions upon which he or she is licensed.
(g) The imposition of an administrative fine for continuation of an activity specified in
subparagraph (f) in the amount of $100 for each day the activity continues after notice from the board
that the activity shall cease.
V. Each governing board is authorized to deny an application for license renewal or reinstatement
as an additional sanction.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:53, eff. July 1, 2003.
328-F:24 Investigations and Disciplinary Proceedings. –
I. Governing boards may investigate allegations of misconduct by licensees, whether the
allegations appear in a written complaint or come to the attention of the board in another way. The
form taken by an investigation is a matter within the discretion of the board, which may conduct an
investigation on an ex parte basis.
II. Unless used in disciplinary proceedings or required to be disclosed by an order of a court, the
following information obtained during investigations shall be held confidential and shall be exempt
from the disclosure requirements of RSA 91-A:
(a) Complaints received by the board.
(b) Information and records acquired by the board during its investigation.
(c) Reports and records made by the board as a result of its investigation.
(d) Patient or client records, including clinical records, files, oral and written reports relating to
diagnostic findings or treatment of licensees' patients or clients and oral and written information
from which the identity of licensees' patients or clients or their families can be derived.
III. Governing boards are authorized to conduct disciplinary proceedings in accordance with
procedural rules adopted by the board of directors.
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IV. For the purpose of carrying out investigations and disciplinary proceedings, each governing
board is authorized to:
(a) Retain qualified experts who are not members of the governing board.
(b) Retain legal counsel when authorized to do so by the attorney general.
(c) Issue subpoenas for persons, relevant documents and relevant things in accordance with the
following conditions:
(1) Subpoenas for persons shall not require compliance in less than 48 hours after receipt of
service.
(2) Subpoenas for documents and things shall not require compliance in fewer than 15 days
after receipt of service.
(3) Service shall be made on licensees by certified mail to the address on file with the board or
by hand and shall not entitle them to witness or mileage fees.
(4) Service shall be made on persons who are not licensees in accordance with the procedures
and fee schedules of the superior court, and the subpoenas served on them shall be annotated "Fees
Guaranteed by the New Hampshire Office of Allied Health Professionals.'
V. The governing board may dismiss allegations of misconduct if the investigation shows the
allegations to be without basis in fact or law.
VI. At any time before or during disciplinary proceedings, complaints and issues may be disposed
of by written settlement agreement signed by the board and the licensees involved, provided that any
complainant shall have the opportunity, before the settlement agreement has been executed, to
comment on the terms of the proposed settlement.
VII. Disciplinary proceedings shall be open to the public. Final board actions having the effect of
terminating disciplinary proceedings, whether taken before, during or after the completion of the
proceedings, shall be set forth in a written record which shall be available to the public after service
upon the licensees involved.
VIII. In carrying out disciplinary proceedings, each governing board shall have the authority to:
(a) Hold pre-hearing conferences exempt from the provisions of RSA 91-A.
(b) Appoint a board member or other qualified person as presiding officer.
(c) Administer, and authorize an appointed presiding officer to administer, oaths and
affirmations.
(d) Dismiss the proceedings in a written order of dismissal on the basis of:
(1) A finding that there are no significant allegations of misconduct or unauthorized practice.
(2) A finding based on undisputed material facts that the licensees involved did not engage in
misconduct or unauthorized practice.
(3) A written settlement agreement signed by the board and the licensees involved.
IX. The governing boards shall have no obligation or authority to appoint or pay the fees of
attorneys representing licensees during investigations or disciplinary proceedings.
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Source. 1997, 287:1, eff. Jan. 1, 1998; 287:63, eff. Jan. 1, 1998, at 12:01 a.m. 2003, 310:54, eff. July 1, 2003.
328-F:25 Obligation to Report; Immunities. –
I. Persons and entities regulated by the state, including but not limited to, licensees, insurance
companies, health care organizations, and health care facilities shall report to the board of directors
and the appropriate governing board any criminal conviction of a licensee or any determination by a
regulatory agency indicating that a licensee has violated this chapter or the practice act of the
licensee's governing board. Persons and entities so reporting shall be immune from civil liability if
the report is made in good faith.
II. Every individual, agency, facility, institution or organization regulated by the state and
employing licensed allied health professionals within the state shall report to the appropriate
governing board within 30 days any act by a licensee that appears to constitute misconduct. Persons
and entities so reporting shall be immune from civil liability if the report is made in good faith.
III. An administrative fine of $500 shall be imposed on any person or entity failing to make a report
required by this section.
IV. Persons submitting to any governing board a complaint of misconduct by its licensee shall be
immune from civil liability if the complaint is made in good faith.
V. Persons or entities testifying or providing information or documents to a governing board in
connection with an investigation or disciplinary proceeding carried out by the board shall be immune
from civil liability if their testimony or actions are made in good faith.
VI. The governing boards shall not disclose the identity of persons or entities that provide
information pursuant to this section unless their identities are revealed in the course of disciplinary
proceedings or are required to be disclosed by a court of law.
Source. 1997, 287:1, eff. Jan. 1. 1998. 2003, 310:55, eff. July 1, 2003.
328-F:26 Temporary Suspension Where Imminent Threat. – In cases involving imminent danger to
life or health, the governing boards may order suspension of a license pending hearing for a period of
no more than 10 working days, unless the licensee agrees in writing to a longer period. In such cases,
the board shall comply with RSA 541-A:30.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:56, eff. July 1, 2003.
328-F:27 Unauthorized Practice. –
I. Nothing in this chapter or the practice acts of the governing boards shall be construed to restrict
persons licensed under any other laws of this state from engaging in the practice or profession for
which they are licensed.
II. Practice of an allied health profession by any person who is not, and was never, licensed to
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practice such profession shall constitute unauthorized practice. A business which holds itself out,
through advertising or in any other way, as providing an allied health service but does not have
available to supervise its services an allied health professional licensed to provide the services which
the business purports to offer, is engaged in unauthorized practice.
III. Unauthorized practice is punishable as a misdemeanor on the first offense by an individual or
entity, as a misdemeanor on subsequent offenses by an individual, and as a felony on subsequent
offenses by an entity.
IV. Each governing board is authorized to issue a cease and desist order against any person or
entity engaged in unauthorized practice. The cease and desist order shall be enforceable in superior
court.
V. The attorney general, the governing board of the allied health practice affected or the
prosecuting attorney of any county or municipality where the act of unauthorized practice takes
place may maintain an action to enjoin any person or entity from continuing to do acts of
unauthorized practice. The action to enjoin shall not replace any other civil, criminal or regulatory
remedy. An injunction without bond is available to the governing board of the allied health practice
affected.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:57, eff. July 1, 2003.
328-F:28 Privileged Communications. – The confidential communications between allied health
licensees and their clients or patients are placed on the same legal basis as those between physician
and patient, and, except as otherwise provided by law, no allied health licensee shall be required to
disclose such privileged communications. Confidential communications between a patient or client
and any person working under the supervision of such licensee that are customary and necessary for
diagnosis and treatment are privileged to the same extent as though those communications were with
the supervising licensee. This section shall not apply to investigations and hearings conducted by the
governing boards or by any other agency regulating health professions in the state.
Source. 1997, 287:1, eff. Jan. 1, 1998. 2003, 310:58, eff. July 1, 2003.
328-F:29 Revocation and Voluntary Surrender of Licenses. –
I. No license, conditional license, provisional license, renewed license, or reinstated license that has
been revoked by the governing board of issuance shall be reinstated or reissued at any time.
II. The practice of an allied health profession by a person whose license, conditional license,
provisional license, renewed license, or reinstated license has been revoked constitutes unauthorized
practice.
III. No license, conditional license, provisional license, renewed license, or reinstated license shall
be surrendered by the licensee unless the governing board issuing the license accepts its surrender in
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writing. The governing board may refuse to accept its surrender while the board is investigating
possible misconduct by the licensee or disciplinary proceedings involving the licensee are pending.
Source. 2003, 310:59, eff. July 1, 2003.
CHAPTER Med 800 PHYSICAL THERAPY
PART Med 801 CHAPTER DEFINITIONS
Med 801.01 "Advisory committee" means the Physical Therapy Advisory Committee (PTAC) as
described in RSA 328-A:8.
Source. #5786, eff 2-4-94; amd by #6306, eff 7-30-96
Med 801.02 "Board" means the board of medicine as defined in RSA 328-A:1, II.
Source. #5786, eff 2-4-94; amd by #6306, eff 7-30-96
Med 801.03 "Chemical" means the application of topical prescriptions as defined in RSA 318:1, XVI
and nonprescription agents.
Source. #5786, eff 2-4-94
Med 801.04 "Mechanical" means the utilization of devices to enhance physical therapy treatment.
Examples are, but not limited to suction, ultrasound and tens unit.
Source. #5786, eff 2-4-94
Med 801.05 "Physical therapist assistant" (PTA) means "physical therapist assistant" as defined in
RSA 328-A:1, V.
Source. #5786, eff 2-4-94; amd by #6306, eff 7-30-96
Med 801.06 "Physical therapist I" (PTI) means "physical therapist I" as defined in RSA 328-A:1, III.
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Source. #5786, eff 2-4-94; amd by #6306, eff 7-30-96
Med 801.07 "Physical therapist II" (PTII) means "physical therapist II" as defined in RSA 328-A:1, IV.
Source. #5786, eff 2-4-94; amd by #6306, eff 7-30-96
Med 801.08 "Supervising PT" means a physical therapist licensed to practice in New Hampshire,
according to RSA 328-A, who is responsible for the supervision and performance of a PTA or PT on a
temporary license.
Source. #5786, eff 2-4-94
Med 801.09 "Contact hours" means time spent actively involved in a program of continuing education
excluding travel, breaks and meals.
Source. #5786, eff 2-4-94
Med 801.10 "CEU" means 10 contact hours of continuing education.
Source. #5786, eff 2-4-94
Med 801.11 "Referring PT" means a physical therapist licensed to practice in New Hampshire,
according to RSA 328-A, who is referring patients to a PTA.
Source. #5786, eff 2-4-94
PART Med 802 CONDITIONS OF LICENSURE
Med 802.01 Educational Programs.
(a) An applicant shall be a graduate of a physical therapy educational program accredited by the
Commission on Accreditation in Physical Therapy Education (CAPTE) or the American Medical
Association (AMA).
(b) All PTI or PTII applicants shall possess a bachelor's or master's degree or its equivalent from U.S.
institutions. For baccalaureate the minimum credit hours shall be 120 and for a masters degree the
minimum credit hours shall be 83.
(c) A PTA applicant shall possess an associate's degree from a U.S. institution. The minimum credit
hours for an associate's degree shall be 64.
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Source. #5786, eff 2-4-94
Med 802.02 Application Process.
(a) Persons who are not licensed as a physical therapist or physical therapist assistant in any state or
other jurisdiction and who wish to apply for a license in New Hampshire shall submit an application
provided by the board which contains the information specified by Med 802.03, including the
application fee specified by Table 800.1 in Med 805.01.
(b) An application which is not signed by the applicant and/or is not accompanied by cash or a valid
check for the application fee, shall not be accepted for filing and shall be returned to the applicant. An
application shall be subject to nonacceptance for a reasonable period of time not to exceed 2 weeks to
permit initial review and determine whether an applicant's check has been honored. Unless expressly
rejected within this time period, the completed application shall be deemed accepted on the date it
was first received by the board.
(c) An application shall not be considered on file with the board until it has been accepted for filing.
The board shall acknowledge the receipt of all applications within 60 days from acceptance for filing,
and shall also notify the applicant in writing of any deficiencies in the application or any further
information needed to clarify the applicant's qualifications. This additional information shall be
provided by the applicant within 30 days from the date of the board letter. Failure to provide such
information within the specified time shall be a basis for dismissing the application.
(d) Unless a waiver of the following time limit has been requested pursuant to Med 212.01 by the
applicant and granted by the board, the board shall, within 120 days from acceptance for filing, either
conditionally grant the application and allow the applicant to take the examination as scheduled or
conditionally deny the application and refuse entry to the examination until the issues identified in
the conditional denial order have been resolved.
(e) An application which is accepted for a temporary certificate or is conditionally granted shall not
be finally approved for full license unless and until the applicant is formally notified that he or she
has received a passing score on the examination, and that the board receives no information during
this time period which warrants further inquiry into the applicant's qualifications.
(f) If an application is denied, the applicant shall be provided an opportunity to request a hearing for
reconsideration pursuant to Med 208 of the deficiency issues identified by the board within 30 days
of the board's order of conditional denial. If a timely hearing is not requested, the application shall be
denied.
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Source. #5786, eff 2-4-94
Med 802.03 PTI and PTA Application for Licensure. The applicant shall provide the following on or
as an attachment to the application form:
(a) The applicant's full name, including maiden name;
(b) The applicant's home address and telephone number;
(c) The applicant's date and place of birth;
(d) The applicant's proposed place of employment;
(e) The name(s), address(es), and degree(s) of all schools attended at undergraduate and graduate
level, and a notarized photocopy of a diploma or an official transcript from the school showing each
degree awarded;
(f) Letters of reference, on professional letterhead with name, address, and telephone number, from 2
physical therapists who are not related to the applicant and who can attest to the applicant's
professional competence;
(g) A copy of the applicant's national board scores sent directly from the national examination
authority;
(h) A chronological record of the applicant's professional practice from the date of first licensure in
any jurisdiction, including the name and address of the practice;
(i) Whether the applicant is currently or has previously been licensed to practice physical therapy in
any state or other jurisdiction, and if so:
(1) The type of license;
(2) The issuing jurisdiction;
(3) The dates license was held; and
(4) The reason the applicant no longer holds the license.
(j) Whether the applicant has ever been refused a license by any physical therapy or medical board,
and if so:
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(1) The name of the board;
(2) The date of denial; and
(3) The reasons for denial.
(k) Whether the applicant has been the subject of disciplinary action of any kind by a physical
therapy board or other professional licensing authority, or has entered into a settlement agreement or
consent decree with any such licensing authority, and, if so, the name of the licensing authority and a
complete description of the misconduct alleged and the discipline or settlement involved;
(l) Whether the applicant is now, or has reason to believe that he or she will soon be, the subject of a
disciplinary proceeding, settlement agreement or consent decree undertaken or issued by a physical
therapy or other professional licensing board in any jurisdiction. If so, the applicant shall provide the
name of the licensing authority and a complete description of the misconduct alleged or the
settlement involved;
(m) Whether the applicant has ever been convicted of a felony or misdemeanor, and, if so, the name
of the court, the details of the offense, the date of conviction and the sentence imposed;
(n) Whether the applicant has ever been treated for drug or alcohol addiction or abuse, or has ever
been hospitalized for any mental illness;
(o) Verification of out of state licenses;
(p) A recent, untouched photograph of the applicant;
(q) A statement that cash or a check or money order, made out to the Treasurer, State of New
Hampshire in the amount of the application fee required by Table 800.1 in Med 805.01 is enclosed
with the application;
(r) A representation that the applicant acknowledges that the provision of false information in the
application is a basis for denial of the application or subsequent disciplinary action by the board;
(s) A declaration that the applicant shall notify the board in writing within 30 days of any change in
the information contained in this application, even after the application is granted;
(t) A certification, signed by the applicant, which states that:
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(1) He or she is herewith applying for examination and licensure as a PTI, PTA,
PTII in accordance with RSA 328-A and the rules of the board relative to physical
therapy;
(2) He or she is the applicant identified in this application;
(3) All statements are true and correct to the best of his or her knowledge and
belief; and
(4) The enclosed photograph is a true likeness of him or her; and
(u) The date the application was signed by the applicant and notarized.
Source. #5786, eff 2-4-94; amd by #6306, eff 7-30-96
Med 802.04 PTII Application for Licensure.
(a) The applicant shall supply on or as an attachment to the "Application for Licensure" the same
information required in Med 802.03(a-v) excluding Med 802.03(f) and Med 802.03(p).
(b) The applicant shall be engaged in continuing education. The applicant shall submit documented
evidence of 60 contact hours in areas related to proposed practice. The contact hours shall have been
acquired in the 3 years previous to application for PTII licensure and shall be subject to PTAC review
for compliance with the requirements specified in Med 807.02.
(c) The applicant shall submit references, from 2 physicians with whom the therapist has had a
working relationship, which shall comply with the following:
(1) The reference shall identify clinical judgment, quality of care, effectiveness of
verbal communication , effectiveness of written communication, and appropriate
utilization of physicians and other services;
(2) The mutual professional relationship shall have existed for at least one year;
and
(3) The physician shall not be related to the applicant.
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(d) The applicant shall have an interview with the Physical Therapy Advisory Committee to acquaint
the applicant with the Physical Therapy Practice Act and the administrative rules governing the
practice of physical therapy in the state of New Hampshire.
Source. #5786, eff 2-4-94
Med 802.05 Reinstatement Application.
(a) A person licensed under this chapter who voluntarily allows their license to lapse, or who neglects
to renew the license before March 1, shall supply the following information on or as an attachment to
a reinstatement application supplied by the board:
(1) The same information required in Med 802.03(a-v) excluding Med 802.03(e)
and Med 802.03(g); and
(2) Proof of 20 contact hours or 2 CEUs specific to clinical practice in the past 3
years.
Source. #5786, eff 2-4-94; amd by #6306, eff 7-30-96
Med 802.06 Responsibility for Supervision Form. The licensed PTI or PTII who assumes responsibility
for supervision of a PTA or temporary certificate holder shall submit on a form provided by the
board the following:
(a) A statement that the supervising PT is licensed in New Hampshire and understands and accepts
the responsibility of supervision of the PTA or temporary certificate holder;
(b) The name and address of the facility where the PTA or temporary certificate holder will be
practicing; and
(c) The signature and New Hampshire license number of the supervising PT.
Source. #5786, eff 2-4-94
PART Med 803 RENEWAL OF LICENSE
Med 803.01 Notice of Renewal. On or before October 15 of each year, the board shall mail each
licensee a renewal application. Licenses shall automatically expire on December 31 of each year.
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Source. #2200, eff 12-2-82; ss by #2910, eff 11-21-84; ss by #4651, eff 7-25-89; ss by #5786, eff 2-494
Med 803.02 Renewal Application.
(a) Licensees wishing to apply for renewal of their license for the subsequent year shall do so by
submitting an application provided by the board which contains the following:
(1) The applicant's full name and title;
(2) The applicant's business address and telephone number;
(3) The applicant's home address and telephone number;
(4) Name of supervising PT, when applicable;
(5) A statement indicating the information included in the applicant's initial
application has not changed except to the extent it has been previously disclosed
to the board or is disclosed and described in an attachment to this application;
(6) Documentation that the applicant has complied with the continuing
education requirement of Med 807.01;
(7) A representation that the applicant acknowledges that the provision of false
information in the application is a basis for disciplinary action by the board;
(8) The applicant's signature; and
(9) The date the applicant signed the application.
(b) The renewal fee specified by Table 800.1 in Med 805.01 shall be submitted with the completed
form.
Source. #2200, eff 12-2-82; ss by #2910, eff 11-21-84; rpld by #4651, eff 7-25-89; ss by #5786, eff 24-94
Med 803.03 Denial of Renewal.
(a) Renewal applicants shall be investigated for the purpose of verifying all application materials.
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(b) Renewal shall be denied if after notice and an opportunity for hearing pursuant to Med 200, it has
been established that:
(1) The licensee failed to comply with the continuing education requirement of
Med 807.01; or
(2) The licensee committed any unethical act for which discipline may be
imposed under Med 808.
Source. #2200, eff 12-2-82; ss by #2910, eff 11-21-84; ss by #4651, eff 7-25-89; ss by #5786, eff 2-494
PART Med 804 TEMPORARY CERTIFICATES
Med 804.01 Temporary Certificate.
(a) A temporary certificate valid for only 9 months shall be issued pursuant to RSA 328-A:2 to a PTI
or PTA who has graduated from an accredited educational program and has never previously been
licensed in any state.
(b) A temporary certificate valid for a maximum of 180 days shall be issued pursuant to RSA 328A:13, II to a PTI or PTA who currently holds a valid license in another state.
(c) Applicants for a temporary certificate shall:
(1) Pay the required fee in Med 805.01 Table 800.1;
(2) Obtain and complete the "Application for Licensure" form excluding the
examination marks required by Med 802.03(g);
(3) Obtain a "Responsibility for Supervision" form; and
(4) Apply for admittance to the next scheduled examination.
(d) The applicant's supervisor shall file this form with the office of the board of registration in
medicine.
(e) Applicants shall not begin to practice until such time as they receive a temporary certificate; and
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(f) If a change of supervisor occurs, a revised form for "Responsibility for Supervision" shall be filed
by the new supervisor.
Source. #2200, eff 12-2-82; ss by #2910, eff 11-21-84; rpld by #4651, eff 7-25-89; ss by #5786, eff 24-94; amd by #6306, eff 7-30-96
Med 804.02 Foreign Educated Physical Therapist.
(a) A physical therapist educated outside the United States shall be issued a temporary certificate
upon fulfilling the requirements set forth in 804.01 and approval by the board of an evaluation of
credential equivalency completed by a accreditation evaluation corporation. The credentials shall be
equivalent to those of the Commission of Accreditation in Education of the American Physical
Therapy Association. Examination shall be according to RSA 328-A:12.
(b) A physical therapist educated outside the United States shall be eligible for licensure to practice as
a physical therapist in his/her home country to qualify for a New Hampshire temporary certificate.
(c) A physical therapist educated outside the United States whose primary language is not English
shall pass the Test of English as a Foreign Language (TOEFL) with Test of Written English (TWE),
and Test of Spoken English (TSE) prior to issuance of a temporary certificate. The passing exam
scores shall be TOEFL-560, TWE 4.5, and TSE-50.
Source. #2200, eff 12-2-82; ss by #2910, eff 11-21-84; rpld by #4651, eff 7-25-89; ss by #5786, eff 24-94; amd by #6306, eff 7-30-96
PART Med 806 SUPERVISION AND CONSULTATION
Med 806.01 Responsibility.
(a) The PTI or PTII shall be responsible for the supervision of the PTA in accordance with the
provisions of this section.
(b) No PTI or PTII shall individually supervise more than 2 PTA's at any one time.
(c) The referring PT shall establish the initial physical therapy treatment program and approve any
subsequent change in the program. The mode and extent of the communication between the
supervisory/referring PT and the PTA shall be determined by the treatment setting pursuant to Med
806.04(a) and (b).
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(d) The supervisory or referring PT shall be, at all times, responsible for supervision of the PTA's
work time, pursuant to Med 806.05, depending upon the level of patient care required as determined
by the initial evaluation and subsequent patient progress update. Part of this supervision shall be
direct and on-site, and on a scheduled basis as determined by the initial evaluation.
Source. #5786, eff 2-4-94
Med 806.02 Supervision of a PTI with a Temporary Certificate. The physical therapy services
provided by a PTI with a temporary certificate shall be performed under the supervision of a licensed
physical therapist. The licensed physical therapist shall be responsible for supervision at all times.
Source. #5786, eff 2-4-94
Med 806.03 Quality and Quantity of Time. The full-time equivalence (FTE) or total hours employed of
the PTA shall not be greater than the full-time equivalence of the PTI or PTII.
Source. #5786, eff 2-4-94
Med 806.04 Standards of Practice in Physical Therapy Settings.
(a) All patients treated by the PTA in inpatient or outpatient clinical settings shall be initially
evaluated by a PTI or PTII. The referring therapist shall perform re-evaluation no less than every 2
weeks and more frequently when indicated. A licensed PTI or PTII shall be available by
telecommunication when the PTA is rendering patient care. The discharge evaluation shall be
performed by the supervising/referring PTI or PTII.
(b) In the nursing home, school, or home health setting, re-evaluation by the PTI or PTII shall be
performed no less than once monthly.
(c) The following shall constitute adequate supervision in a nursing home, school or home health
setting:
(1) A licensed PTI or PTII shall be accessible either on-site or via
telecommunications to the PTA at all times while the PTA is treating patients;
(2) An initial evaluation shall be made by a PTI or PTII for evaluation of the
patient and establishment of a treatment program;
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(3) A joint visit by the PTI or PTII and PTA shall be made on the first PTA visit to
the patient;
(4) Every 6 PTA visits or every 30 days, whichever comes first, a documented
conference with the PTA outlining current treatment goals and program
modifications shall occur; and
(5) The PTI or PTII shall make the final visit to terminate the plan of care and
perform a discharge evaluation.
(d) A supervisory visit shall include:
(1) A complete on-site functional patient assessment;
(2) On-site review of patient-care activities with appropriate revision or
termination of plan of care; and
(3) Assessment of utilization of outside resources.
(e) All PTII's and PTA's shall sign all documentation and include the designation PTII or PTA as
appropriate after the signature.
Source. #5786, eff 2-4-94
Med 806.05 Supervision of a PTA.
(a) Adequate supervision shall require, at a minimum, that a supervisory/referring PT perform the
following activities:
(1) Designate or establish channels of written and oral communication with the
PTA;
(2) Interpret available information concerning the patient/client in treatment;
(3) Provide initial evaluation;
(4) Develop a plan of care, including short and long-term goals;
(5) Select and delegate appropriate tasks for plan of care;
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(6) Assess competence and direct supervision of PTA in delegated tasks;
(7) Identify and document:
a. Precautions;
b. Special problems;
c. Contraindications;
d. Goals;
e. Anticipated progress; and
f. Plans for re-evaluation;
(8) Reevaluate and adjust the plan of care when necessary; and
(9) Perform final evaluation and establish follow-up plan of care.
Source. #5786, eff 2-4-94
Med 806.06 Consultation.
(a) A PTII shall obtain consultation with a person licensed to practice medicine, dentistry,
chiropractic, podiatry or naturopathy, or with a person licensed as a physician assistant or advanced
registered nurse practitioner, in order to continue treatment beyond 75 consecutive days.
(b) For treatment required beyond 75 days, consultation shall be obtained by telephone, facsimile, in
writing, or in person.
(c) Consultation shall be documented by the PT in the patient's medical record.
Source. #5786, eff 2-4-94; ss by #6306, eff 7-30-96
Med 806.07 Referral.
(a) A PTII shall refer a patient to a licensed physician, podiatrist, dentist, chiropractor, naturopath,
physician assistant or advance registered nurse practitioner in the event that one of the following
circumstances arises:
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(1) The patient's problem falls outside the scope of physical therapy as defined in
RSA 328-A:IV;
(2) The patient requires further medical evaluation or diagnostic testing; or
(3) The patient has shown no documented improvement after 30 days of the
initiation of treatment.
Source. #6306, eff 7-30-96
PART Med 807 CONTINUING EDUCATION REQUIREMENT (CEU)
Med 807.01 Continuing Education Requirements for Renewal of Licensure.
(a) Applicants for renewal of licensure shall provide documentation of CEU's or contact hours as
required in Med 807.01(e) and (f).
(b) The minimum number of contact hours required in activities updating competency in physical
therapy theory and practice shall be as follows:
(1) For PTII, 20 contact hours;
(2) For PTI, 15 contact hours; and
(3) For PTA, 10 contact hours.
(c) The total hours per year shall be subdivided accordingly between the following categories:
(1) A minimum of 50% shall specifically relate to clinical application of physical
therapy practice skills; and
(2) The remainder shall draw from competency efforts in general physical
therapy practice and theory, such as:
a. Supervision and consultation skills;
b. Physical therapy education and curriculum development; and
c. Transdisciplinary practice issues or skills.
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(d) Hours shall be accumulated through participation in the following:
(1) Workshops, seminars, conferences, courses, mini-courses and related facility
based inservices;
(2) Presentation of physical therapy education programs to professionals,
including presentation time for a maximum of 4 hours for a PTII, 3 hours for a
PTI, and 2 hours for a PTA;
(3) Presentation of physical therapy curriculum to a physical therapy education
program, for a maximum of 4 hours for a PTII, 3 hours for a PTI, and 2 hours for
a PTA;
(4) Scientific publication of physical therapy theory and/or practice, for a
maximum of 6 hours for a PTII, 4.5 hours for a PTI, and 3 hours for a PTA;
(5) Scientific research projects in physical therapy theory and/or practice, for a
maximum of 6 hours for a PTII, 4.5 hours for a PTI and 3 hours for a PTA;
(6) In-house staff development for a maximum of 4 hours for a PTII, 3 hours for a
PTI, and 2 hours for a PTA;
(7) Cardio-pulmonary resuscitation for a maximum of 2 hours;
(8) Infection control inservices for a maximum of 1 hour; and
(9) HIV training for a maximum of 2 hours.
(e) The licensee shall provide a certificate of attendance.
(f) The certificate of attendance shall include:
(1) An official record of attendance at conference and/or inservice;
(2) The number of contact hours or CEU's; and
(3) The signature of the sponsoring official or supervisor for the department
based inservices.
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(g) Hours of continuing education shall be accumulated between October 1, and September 30 and
sent to the board office annually by October 1 for license renewal for the following year.
Source. #5786, eff 2-4-94; ss by #6306, eff 7-30-96
Med 807.02 CEU Requirements for PTII Initial Application.
(a) A minimum of 60 hours of continuing education shall be accumulated during the course of 3 years
prior to application for licensure as a PTII.
(b) A minimum of 30 hours which specifically relate to clinical application of physical therapy
practice skills shall be required.
(c) The remaining hours required shall be accumulated through the competency efforts in general
physical therapy practice and theory, such as supervision and consultation skills, physical therapy
education and curriculum development.
(d) Hours shall be accumulated through participation in the following:
(1) Workshops, seminars, conferences, courses, mini-courses, and related
inservices;
(2) Presentation of physical therapy education programs to professionals for a
maximum of 12 hours;
(3) Presentation of physical therapy curriculum to an approved physical therapy
education program for a maximum of 18 hours;
(4) Scientific publication of physical therapy theory and/or practice for a
maximum of 18 hours; and
(5) Scientific research projects in physical therapy theory and/or practice for a
maximum of 18 hours.
(e) Documentation shall accompany all continuing education activities.
(f) The types of documentation required shall include any of the following:
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(1) Program brochures, course descriptions, objectives, schedules, and attendance
certificates;
(2) Publisher's manuscript acknowledgment; or
(3) Research project abstract.
Source. #5786, eff 2-4-94
Med 807.03 Continuing Education Form.
(a) The licensee shall file a continuing education form which shall contain the following information:
(1) The applicant's name and license;
(2) The applicant's home address and telephone number;
(3) The applicant's place of employment, address and telephone number;
(4) The continuing education topic for approval;
(5) The date and location of course;
(6) The continuing education sponsoring organization;
(7) The number of clock hours or CEU's claimed; and
(8) A certificate of attendance as specified by Med 807.01(f).
Source. #5786, eff 2-4-94; ss by #6306, eff 7-30-96
PART Med 808 ETHICAL STANDARDS
Med 808.01 Disciplinary Action.
(a) Gross misconduct for which disciplinary action shall be taken shall include, but is not limited to,
the following:
(1) Obtaining a license by fraudulent means;
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(2) Behaving in the course of professional activity which endanger or is likely to
endanger the public health, safety or welfare.
(3) Violating the rules adopted by the board or violating any provisions of the
Physical Therapy Practice Act, RSA 328-A.
(4) Conviction of a felony under the laws of the United States or any jurisdiction.
(5) Violations of the American Physical Therapy Association's Ethical Guidelines.
(b) Disciplinary action shall be taken when a licensee is impaired through the use of drugs or
intoxicants or is proven to be unable to safely provide care to the public due to a compromise of
physical or mental functional abilities.
Source. #5786, eff 2-4-94; amd by #6306, eff 7-30-96
Med 808.02 Allegations of Professional Misconduct. Allegations of gross misconduct shall be
investigated and disciplinary action shall be imposed in accordance with Med 200 and Med 400 and
RSA 328:A-8.
Source. #5786, eff 2-4-94
NEW HAMPSHIRE OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS
2 INDUSTRIAL PARK DRIVE
CONCORD, NEW HAMPSHIRE 03301
(603) 271-8389
CHAPTER Ahp100 ORGANIZATIONAL RULES
PART Ahp 101 PURPOSE
Ahp 101.01 Purpose. These rules implement the statutory responsibilities under RSA 328-F of the
board of directors of the office of licensed allied health professionals.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04
PART Ahp 102 DEFINITIONS
Ahp 102.01 "Board" means "board of directors" as defined in RSA 328-F:2, I, namely, "the chairpersons
or their appointees of all the governing boards which shall be responsible for the administrative
operation of the office of licensed allied health professionals."
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04
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Ahp 102.02 "Governing boards" means "governing boards" as defined in RSA 328-F:2, II, namely,
"individual licensing boards of athletic trainers, occupational therapy assistants and occupational
therapists, physical therapists and physical therapist assistants, respiratory care practitioners, and
speech-language pathologists."
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04
Ahp 102.03 "Office of licensed allied health professionals" means "office of licensed allied health
professionals" as defined in RSA 328-F:2, IV, namely, "an agency of multiple governing boards in
professions of the allied health field."
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04
PART Ahp 103 DESCRIPTION OF THE AGENCY
Ahp 103.01 The Office of Licensed Allied Health Professionals.
(a) The office of licensed allied health professionals is responsible to the board of directors and
coordinates the work of the governing boards.
(b) Its staff consists of:
(1) An administrative assistant with authority delegated by the board of directors over matters of
administrative and personnel management; and
(2) Additional staff as needed.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04
Ahp 103.02 Responsibilities of the Board of Directors. The responsibilities of the board of directors
are:
(a) The preparation of a biennial budget for the board and the governing boards and the allocation to
the governing boards of appropriated funds;
(b) The annual submission to the governor of a report of the transactions of the previous year and a
complete statement of the receipts and expenditures of the board and the governing boards;
(c) The receipt and accounting for all moneys taken in by the governing boards and the payment of
such moneys to the state treasurer;
(d) The establishment of fees for:
(1) The processing by the governing boards of applications for initial licensure;
(2) The issuance by the governing boards of initial licenses, license renewals and license
reinstatements;
(3) Late filing of applications for license renewal;
(4) The transcribing and transferring of records; and
(5) The costs specified by RSA 328-F:15, I (g) associated with a hearing by any governing board at
which the issue is denial of, or imposition of conditions on, an initial license;
(e) The provision of a forum for issues arising in the allied health professions; and
(f) The adoption of rules governing the hearing procedures of the governing boards and other matters
specified by RSA 328-F:13.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04
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Ahp 103.03 Meetings of the Board of Directors.
(a) The board meets at least quarterly and more often if business requires.
(b) The public shall be informed of the time and place of the meetings in accordance with RSA 91-A:2,
II and upon inquiry of the office of licensed allied health professionals.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04
Ahp 103.04 Records of Board Actions.
(a) Minutes shall be kept of board meetings and of official actions taken by the board.
(b) The minutes shall record the members who participate in each vote and shall separately record
the position of members who choose to dissent, abstain or concur.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04
Ahp103.05 Public Access to Minutes.
(a) Minutes of board actions which are not exempt from disclosure under RSA 91-A:3, II or RSA 91A:5 shall be public records.
(b) The minutes shall be available for inspection during the board's ordinary office hours within 144
hours from the close of the meeting or vote in question unless the 72 hour availability requirement of
RSA 91-A:3, III is applicable.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04
PART Ahp 104 PUBLIC INFORMATION
Ahp 104.01 Office Location; Mailing Address; Telephone, Fax and TTY/TDD Numbers; E-Address.
(a) The board's office location and mailing address is:
The Office of Licensed Allied Health Professionals
2 Industrial Park Drive
Concord, NH 03301
(b) The board's telephone number is 603-271-8389 and its fax number is 603-271-6702.
(c) Access for in-state TTY/TDD users is through Relay New Hampshire by dialing 711 or by dialing
1-800-735-2964.
(d) The board's e-address is abolduc@nhsa.state.nh.us.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04
Ahp 104.02 Communication with the Board.
(a) Persons wishing to correspond with the board or make submissions to it may:
(1) Send a letter;
(2) Send the correspondence or submission by fax, provided that it is printed or typed and that the
board's rules do not require it to be sent by mail; or
(3) Send the correspondence or submission by e-mail, provided that the board's rules do not require it
to be sent by mail.
(b) Persons seeking information from the board may do so by:
(1) Mail, fax or e-mail as set forth in (a) above;
(2) Telephoning the board; or
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(3) Accessing the board as described in Ahp 104.01(c).
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04
Ahp 104.03 Custodian of Records; Inspection and Copies of Records.
(a) The administrative assistant of the office of licensed allied health professionals shall have custody
of the board's records, and shall make available, upon request, those records which are subject to
public inspection under RSA 91-A.
(b) Persons desiring to inspect or obtain copies of board records shall identify as specifically as
possible the information being sought.
(c) Persons desiring copies of board records shall pay the actual costs of copying.
(d) If records are requested which contain both public information and information exempt from
disclosure pursuant to RSA 91-A or other law, the administrator shall delete the information exempt
from disclosure and provide the remaining information.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04
Appendix
Provision of the Proposed
Rule
Specific State or Federal Statutes
or Regulations which the Rule is
Intended to Implement
Ahp 101 - 102
RSA 541-A:7
Ahp 103.01
RSA 328-F:3, II
Ahp 103.02
RSA 328-F:12, 13
Ahp 103.03
RSA 328-F:12, III
Ahp 103.04 - 103.05
RSA 91-A:4
Ahp 104.01 - 104.02
RSA 541-A:16, I(a)
Ahp 104.03
RSA 91-A:4
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RHODE ISLAND PHYSICAL THERAPY PRACTICE ACT
TITLE 42
State Affairs and Government
CHAPTER 42-35
Administrative Procedures
SECTION 42-35-4.1
§ 42-35-4.1 Refiling of rules and regulations. – (a) Each agency shall, on or before January 2, 2002,
according to a schedule specified by the secretary of state, file with the secretary of state a certified
copy of all its lawfully adopted rules which are in force on the date of the filing.
(b) All filed rules shall be submitted in a format specified by the secretary of state as directed by §
42-35-3.1.
(c) Each agency shall give notice thirty (30) days prior to refiling any rule or regulation in order to
comply with this section. Each agency shall also give notice thirty (30) days prior to that agency's due
date for refiling of which rules and regulations it shall not be refiling. The notices shall include a
statement of the intended action and a description of the subjects and issues involved. The notice
shall be mailed to all persons who have made timely request of the agency for advance notice of its
rule-making proceedings, and published in a newspaper or newspapers having aggregate general
circulation throughout the state. Copies of rules which are not to be refiled shall be available at the
agency and by mail to any member of the public upon request. In addition, notice of that action shall
be submitted to the governor.
(d) The rules and regulations listed for non-refiling under subsection (c) of this section shall be
repealed pursuant to this section only in accordance with the provisions of § 42-35-3(a).
(e) Agency compliance with this section shall be coordinated in accordance with a schedule
established by the secretary of state for agency refiling of rules.
(f) When refiling rules and regulations, agencies may change the format of existing rules without
any rule-making action by the agency in order to comply with the format for filing specified by the
secretary of state so long as there is no substantive change to the rule.
(g) Any rule lawfully promulgated prior to July 3, 2001 shall remain in full force and effect until:
(1) The rule should expire before July 3, 2001 pursuant to its own terms and provisions; or
(2) The rule is repealed by the lawful act of the agency, in conformity with this chapter; or
(3) The rule is invalidated by an act of the legislature or the force and effect of another law.
(h) Commencing in September 2002, and every five (5) years in September thereafter, the secretary
of state shall prepare a public list of all adopted rules and regulations which have not been refiled or
repealed in accordance with this section or § 42-35-4.2. The secretary of state shall forward copies of
the list to the various state departments and agencies responsible for the rules and regulations. Each
agency or department shall review the list and repeal, in accordance with § 42-35-3(a), all rules and
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regulations that are no longer operative. If the agency takes no action on a rule contained in the
secretary of state's list, the rule shall remain lawfully promulgated.
TITLE 5
Businesses and Professions
CHAPTER 5-40
Physical Therapists
SECTION 5-40-1
§ 5-40-1 Definitions. [Effective January 1, 2004.]. – (a) "Board" means the board of physical therapy
established by § 5-40-2.
(b) "Department" means the department of health.
(c) "Examination" means an examination approved by the department in consultation with the
board.
(d) "License" means a license issued by the department to practice physical therapy.
(e) "Physical therapist" means an individual who is licensed by the department to practice physical
therapy.
(f) "Physical therapist assistant" means an individual who is licensed by the department to assist in
the practice of physical therapy under the supervision of a physical therapist.
(g) "Practice physical therapy" means the examination, treatment, and instruction of human beings
to detect, assess, prevent, correct, alleviate and limit physical disability, physical dysfunction, and
pain from injury, disease and any other bodily conditions, and includes the administration,
interpretation, and evaluation of tests and measurements of bodily functions and structures; the
planning, administration, evaluation, and modification of treatment and instruction, including the
use of physical measures, activities, and devices, for preventive and therapeutic purposes; and the
provision of consultative, educational, and other advisory services for the purpose of reducing the
incidence and severity of physical disability, physical dysfunction and pain.
(2) The practice of physical therapy does not include the practice of medicine as defined in chapter
37 of this title.
(h) "Supervision" means that a licensed physical therapist is at all times responsible for supportive
personnel and students.
TITLE 5
Businesses and Professions
CHAPTER 5-40
Physical Therapists
SECTION 5-40-6.1
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§ 5-40-6.1 Qualifications of physical therapist assistants. [Effective January 1, 2004.]. – (a) Any
applicant for licensure shall submit to the board written evidence on forms furnished by the
department of health, verified by oath, that the applicant meets all of the following requirements:
(1) Is at least eighteen (18) years of age;
(2) Is of good moral character;
(3) Has graduated from an educational program in physical therapy accredited by the Commission
on Accreditation of Physical Therapy Education (CAPTE) or other accrediting agency as approved by
the department in consultation with the board, in the year of said applicant's graduation; and
(4) Has passed the National Physical Therapy Examination (NPTE) of the Federation of State Boards
of Physical Therapy (FSBPT) or other physical therapy assistant certification examination as
approved by the department in consultation with the board to determine the applicant's fitness to
engage in the practice of physical therapy.
(b) [Deleted by P.L. 2003, ch. 133, § 1 and by P.L. 2003, ch. 152, § 1.]
TITLE 5
Businesses and Professions
CHAPTER 5-40
Physical Therapists
SECTION 5-40-7.1
§ 5-40-7.1 Licensing of physical therapist assistants. [Effective January 1, 2004.]. – (a) By
Examination. The applicant is required to pass with a grade determined by the board an examination
approved by the department in consultation with the board.
(b) Without Examination by Endorsement. A license may be issued without examination to an
applicant who has been licensed by examination as a physical therapist assistant under the laws of
another state or territory or District of Columbia, if, in the opinion of the board, the applicant meets
the qualifications required of physical therapist assistants in this state.
(c) Graduate Practice. Every graduate of a board approved physical therapist assistant educational
program who has filed a physical therapy application may, upon receiving a permit from the
department of health, perform as a physical therapist assistant under the supervision of a physical
therapist licensed in this state.
(2) During this period, the applicant shall identify him or herself only as a "graduate physical
therapist assistant."
(3) If the applicant fails to take the examination, as specified in § 5-40-7(a), within ninety (90) days
from the effective date of graduate status, without cause or fails to pass the examination and receives
a license, all privileges provided in (c)(1) and (2) automatically cease.
(d) Foreign-Trained Applicants. If the foreign-trained applicant has successfully met the requirements
of the rules and regulations, the applicant's credentials will be accepted by the board.
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(2) Prior to becoming licensed in this state, the foreign-trained applicant must also meet all of the
appropriate requirements described in this section or its equivalent as established in rules and
regulations.
CHAPTER 5-40
Physical Therapists
SECTION 5-40-9
§ 5-40-9 Right of use of the title of physical therapist. – (a) To safeguard the welfare and health of
the people of the state, it is unlawful for any person to represent him or herself as a physical therapist
or physical therapist assistant in this state or to use any title, abbreviation, sign, or device to indicate
that the person is a physical therapist or physical therapist assistant unless this person has been
licensed pursuant to the provisions of this chapter.
(b) Any person who holds a license to practice physical therapy in this state has the right to use the
title "physical therapist" and abbreviation "P.T." No other person may assume the title or use the
abbreviation P.T. or other words, or letters, signs, figures, or devices to indicate that the person using
the title is a physical therapist.
(c) The abbreviation "G.P.T." is used to identify a "graduate physical therapist".
(d) Any person who holds a license as a physical therapist assistant in this state shall has the right
to use the title "physical therapist assistant". No other person may assume the title or other words, or
letters, signs, figures, or devices to indicate that the person using the title is a physical therapist
assistant
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RULES AND REGULATIONS
FOR LICENSING PHYSICAL THERAPISTS
AND PHYSICAL THERAPIST ASSISTANTS
(R5-40-PT/PTA)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Department of Health
August 1983
As amended:
January 1990
February 1990
March 1994
March 1994 (E)
June 1994
June 1998
November 2001
January 2002 (re-filing in accordance
with the provisions of section 42-354.1 of the Rhode Island General
Laws, as amended)
January 2004
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INTRODUCTION
These Rules and Regulations For Licensing Physical Therapists and Physical Therapist
Assistants (R5-40-PT/PTA) are promulgated pursuant to the authority conferred under Chapter 540-5 of the General Laws of Rhode Island, as amended, and are established for the purpose of
adopting prevailing standards pertaining to the licensure of physical therapists and physical
therapist assistants in this state.
In accordance with the provisions of section 42-35-3(c) of the General Laws of Rhode
Island, as amended, consideration was given to: (1) alternative approaches to the amendments; (2)
duplication or overlap with other state regulations; and (3) any significant economic impact on
small business as defined in Chapter 42-35 of the General Laws. Based on available information,
no known alternative approach, duplication or overlap, or significant economic impact was
identified.
These rules and regulations shall supersede any previous rules and regulations related to the
licensure of physical therapists and physical therapist assistants promulgated by the Rhode Island
Department of Health and filed with the Rhode Island Secretary of State.
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PART I DEFINITIONS
Section 1.0 Definitions
Wherever used in these rules and regulations the following terms shall be construed as
follows:
1.1
"Act" refers to Chapter 5-40 of the General Laws of Rhode Island, as amended,
entitled, "Physical Therapists."
1.2
"Board" means the Board of Physical Therapy within the Department established
pursuant to the provisions of section 5-40-3 of the Act.
1.3
1.4
1.5
“Department” means the Rhode Island Department of Health.
"Director" means the Director of the Rhode Island Department of Health.
"Examination" means an examination approved by the Department, in
consultation with the Board.
1.6
“License” means a license issued by the Department to practice physical therapy.
1.7
"On-site supervision" means the immediate and physical presence of patient,
person being supervised, and supervisor.
1.8
"Physical therapist" means an individual who is licensed by the Department to
practice physical therapy.
1.9
"Physical therapist assistant" means an individual who is licensed by the
Department to assist in the practice of physical therapy under the supervision of a
physical therapist.
1.10
"Practice of physical therapy" means the examination, treatment, and instruction
of human beings to detect, assess, prevent, correct, alleviate and limit physical
disability, physical dysfunction, and pain from injury, disease and any other bodily
conditions, and includes the administration, interpretation, and evaluation of tests
and measurements of bodily functions and structures; the planning,
administration, evaluation, and modification of treatment and instruction,
including the use of physical measures, activities, and devices for preventive and
therapeutic purposes; and the provision of consultative, educational, and other
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advisory services for the purpose of reducing the incidence and severity of
physical disability, physical dysfunction and pain.
The practice of physical therapy does not include the practice of medicine as
defined in Chapter 5-37 of the General Laws.
1.11
"Supervision" means that a licensed physical therapist is, at all times, responsible
for physical therapist assistants, supportive personnel and students.
1.12
"Supportive personnel" means an individual, other than a physical therapist
assistant, who does not act independently and works under the direction and
supervision of a physical therapist or physical therapist assistant as directed by a
physical therapist who is licensed under Chapter 5-40 of the General Laws.
PART II PHYSICAL THERAPISTS/LICENSING REQUIREMENTS
Section 2.0 License Requirement
2.1
Pursuant to section 5-40-9 of the Act, to safeguard the welfare and health of the
people of the state of Rhode Island, it is unlawful for any person to represent him or
herself as a physical therapists in this state or to use any title, abbreviation, sign or
device to indicate that such person is a physical therapist, unless such a person has
been duly licensed pursuant to the provisions of the Act and the rules and
regulations herein.
2.1.1
Any person who holds a license to practice physical therapy in this state
shall have the right to use the title "physical therapist" and abbreviations
“P.T.” No other person shall assume such title or use the abbreviation “P.T.”
or other words, or letters, signs, figures or devices to indicate that the person
using the same is a physical therapist.
2.1.2
The abbreviation "G.P.T." shall be used to identify a "graduate physical
therapist."
Section 3.0 Qualifications For Licensure
3.1
Any applicant for licensure shall submit to the Board written evidence on forms
furnished by the Department, verified by oath, that said applicant meets all of the
following requirements:
a)
is at least eighteen (18) years of age;
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b)
is of good moral character;
c)
has graduated from an education program in physical therapy accredited by
the Commission on Accreditation of Physical Therapy Education (CAPTE) or
other accrediting agency as approved by the Department in consultation
with the Board, in the year of said applicant's graduation; and
d)
has passed the National Physical Therapy Examination (NPTE) of the
Federation of State Boards of Physical Therapy (FSBPT) or other physical
therapy certification examination as approved by the Department in
consultation with the Board to determine the applicant’s fitness to engage in
the practice of physical therapy. The Board will adopt the criterionreferenced passing point recommended by the Federation (FSBPT).
Section 4.0 Application for Licensure and Fee
4.1
Application for licensure to practice physical therapy in this state, shall be made on
forms provided by the Department, which shall be completed, notarized and
submitted to the Board forty five (45) days prior to the scheduled date of
examination. Such application shall be accompanied by the following documents:
a)
for U. S. Citizens:
a certified copy of birth certificate;
for Non-U.S. Citizens:
documented evidence of lawful entry into the country;
b)
supporting official transcripts of education credentials as required in
section 3.0 herein;
c)
a statement from the Board of Physical Therapy in each state in which
the applicant has held or holds licensure to be submitted to the Board of this
state, attesting to the licensure status of the applicant during the time period
the applicant held licensure in said state;
d)
the scores of the examination submitted to the Board as follows:
i.
The Board will adopt the criterion-referenced passing point
recommended by the Federation (FSBPT). This passing point will be
set equal to a scaled score of 600 based on a scale ranging from 200800.
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ii.
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The examination scores of the national examination approved by the
Federation of State Boards of Physical Therapy submitted directly to
the Board.
e)
the non-refundable application fee of one hundred twenty-five dollars
($125.00) made payable by check or money order to the General Treasurer,
State of Rhode Island.
Section 5.0 Examinations for Licensure of Physical Therapists
5.1
Applicants, except those exempt pursuant to section 5.2 herein, shall be required to
pass a national examination approved by the Federation of State Boards of Physical
Therapy (FSBPT), or such other national examination as may be determined by the
Department in consultation with the Board to test the applicant's fitness to engage
in the practice of physical therapy pursuant to section 5-40-6 of the Act.
5.1.1 The Board will adopt the criterion-referenced passing point
recommended by the Federation.
Without Examination by Endorsement
5.2
A license to practice physical therapy may be issued without examination to an
applicant who has been duly licensed by examination as a physical therapist under
the laws of another state or territory or District of Columbia, if, in the opinion of the
Board, the applicant meets the qualifications required of physical therapists in this
state. Said applicant must submit thirty (30) days prior to the scheduled meeting of
the Board, completed licensure application forms and fee, in accordance with
section 4.0 herein, including additional supporting documentation as may be
required.
5.2.1
Until such time as a license has been issued, the candidate for licensure by
endorsement may not practice as a physical therapist in Rhode Island.
Re-Examination
5.3
In case of failure of any applicant to satisfactorily pass an examination such
applicant shall be entitled to a re-examination upon submission of an application
and fee.
5.3.1 In order to qualify for re-examination after three (3) failures, the applicant
must request a formal meeting with the Board, at which time requirements
(consisting of additional coursework and/or training) for re-examination will
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be determined and must be fulfilled prior to admittance to a future
examination.
Foreign Trained Applicants
5.4
Applicants from foreign physical therapy schools must present evidence that their
educational credentials have been evaluated by and determined to be the
equivalent of those requirements set forth in section 3.1(c) herein by an agency
approved by the Board. Furthermore, foreign trained applicants must meet all of
the requirements for licensure, as listed below, to the satisfaction of the Board and
in accordance with the statutory and regulatory provisions herein:
a)
be of good moral character;
b)
have completed the application process;
c)
provide written proof of authorization to practice as a physical therapist
without limitation(s) in the country(ies) where the professional education
occurred and/or in country(ies) where the applicant practiced physical
therapy;
d)
provide proof of legal authorization to reside and seek employment in the
United States or its territories;
e)
have successfully passed the national examination as described in section 5.0
herein.
5.4.1 Any applicant for licensure as a physical therapist or a physical
therapist assistant who has received his or her physical therapy training in a
country other than the United States of America, the United Kingdom, the
Republic of Ireland, Canada except Quebec Province, Australia or New
Zealand, shall submit to the Board evidence of attainment of a passing score,
as determined by the Board, on the Test of English as a Foreign Language
(TOEFL) examination, which test shall have been taken within the two (2)
years immediately preceding the filing of the application for licensure. Such
evidence must be submitted with the application for licensure.
Graduate Practice
5.5
Every student, upon graduating from a physical therapy school accredited by the
Commission on Accreditation of Physical Therapy Education (CAPTE), who has
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filed with the Board a completed application with supporting documents for
licensure as a physical therapist, may upon receiving a permit from the Department
for said application and documents, perform as a physical therapist under the
supervision of a physical therapist licensed in this state.
5.5.1
During this interim period, an applicant shall identify him or herself only as
a "graduate physical therapist." The abbreviation G.P.T. shall be used to
identify a "graduate physical therapist."
5.5.2
If such an applicant fails to take the examination within ninety (90) days
from the effective date of graduate status, without due cause, or fails to pass
the examination and receive a license in any state, all aforementioned
privileges (see sections 5.5 and 5.5.1) shall automatically cease.
(The provisions of this section 5.5 apply only to students upon graduating
from a physical therapist educational program accredited by the
Commission on Accreditation of Physical Therapy Education (CAPTE) and
do not apply to physical therapists previously licensed under any licensing
jurisdiction).
Section 6.0 Issuance and Renewal of License
6.1
Upon the recommendation of the Board, the Director shall issue to applicants who
have satisfactorily met the licensure requirements herein, a license to practice
physical therapy in this state. Said license, unless sooner suspended or revoked,
shall expire on the first day of May of the next even year following the date of
issuance of the original license.
6.2
On or before the first day of March of each even year, the Department shall mail an
application for renewal of license to every person to whom a license has been issued
or renewed during the current licensure period. Every person so licensed who
desires to renew his or her license shall file with the Department such renewal
application duly executed, together with a renewal fee of sixty-two dollars and fifty
cents ($62.50) payable to the General Treasurer, state of Rhode Island, on or before
the thirty-first (31st) day of March of each even year.
6.3
Upon receipt of such renewal application and payment of said fee, the accuracy of
the application shall be verified, and the Department shall grant a renewal license
effective the second day of May, and expiring of the first day of May of the next
even year.
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6.4
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Any person who allows his or her license to lapse by failing to renew it on or before
the thirty-first day of March of the next even year, as provided above may be
reinstated by the Department on payment of the current renewal fee plus an
additional fee of twenty-five dollars ($25.00)
6.4.1
Any person using the title "physical therapist" during the time that his or her
license has lapsed shall be subject to the penalties provided for violations of
these regulations and the Act.
Section 7.0 The Practice of Physical Therapy
7.1
Whenever a patient seeks or receives treatment from a physical therapist without
referral from a doctor of medicine, osteopathy, dentistry, podiatry, or chiropractic,
the physical therapist shall:
a)
disclose to the patient in writing the scope and limitations of the practice of
physical therapy and shall obtain their consent thereto in writing (see
reference 5 herein); and
b)
refer the patient to such a practitioner within ninety (90) days after the date
treatment commenced; provided, however, a physical therapist shall not be
required to make such a referral after treatment is concluded.
c)
no physical therapist who shall have less than one (1) year clinical
experience as a physical therapist shall commence treatment on a patient
without a referral from a doctor of medicine, osteopathy, dentistry, podiatry,
or chiropractic.
7.2
The physical therapist and the physical therapist assistant is responsible for his/her
individual professional development and continued competence in physical
therapy. (See references 3 and 5 herein).
7.3
The physical therapist shall be responsible for the physical therapy record of a
patient, which shall be documented in accordance with current practice standards.
(See reference 5 herein).
7.4
The physical therapist and physical therapist assistant shall adhere to the current
standards of practice and code of ethics as adopted by the Board. (See references 3
and 5 herein).
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Section 8.0 Supervision
8.1
Pursuant to section 5-40-1(i) of the Act, a licensed physical therapist shall at all
times be responsible for the supervision of physical therapist assistants, supportive
personnel, and students to ensure the safety and welfare of patients. Such
supervision shall include but not be limited to the following:
8.1.1
A physical therapist shall be present on the premises, and immediately
available whenever a physical therapist student is performing treatment
procedures or patient-related activities. A physical therapist or physical
therapist assistant shall be present on the premises, and immediately
available whenever a physical therapist assistant student or supportive
personnel is performing treatment procedures or patient-related activities.
8.1.2
A qualified physical therapist must be accessible by telecommunications to
the physical therapist assistant at all times while the physical therapist
assistant is treating patients.
8.1.3 The physical therapist shall maintain the following written
documentation regarding the supervision of a physical therapist assistant:
a)
necessary instruction;
b)
on-site supervision of the physical therapist assistant's
performance;
c)
review of the physical therapist assistant’s documentation;
d)
a reassessment; and,
e)
appropriate update of the patient's program and goals.
All of the above shall occur when re-evaluation of the patient is indicated but
no less than once during a one (1) month period.
8.1.4 The physical therapist or physical therapist assistant shall maintain
the following written documentation regarding the supervision of
supportive personnel:
a)
necessary instruction and documented competence;
b)
line-of-sight supervision of the treatment performed by the
supportive personnel; and
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c)
review of the supportive personnel’s documentation on a daily
basis.
8.1.5a)
In licensed facilities providing chronic long term care services, in licensed
facilities providing services for the developmentally impaired population, or in
school settings certified by the Department of Education, physical therapist
assistants and supportive personnel may implement programs designed and
supervised by the physical therapist in the above-mentioned settings, if these
programs are of the nature and purpose of practicing or maintaining a skill.
These programs will be implemented under the direction of the physical
therapist with regular interval on-site supervision by the physical therapist, no
less than quarterly for physical therapist assistants, and no less than monthly by
the physical therapist or physical therapist assistant for supportive personnel.
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b)
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In the settings noted in subsection (a) above, the physical therapist shall
maintain the following written documentation regarding the supervision of a
physical therapist assistant or supportive personnel:
i) necessary instruction;
ii) on-site supervision of the physical therapist assistant's/ supportive
personnel’s performance;
iii) review of the physical therapist assistant’s/supportive personnel’s
documentation;
iv) a reassessment; and,
v) appropriate update of the patient's program and goals.
All of the above shall occur no less than quarterly for a physical therapist
assistant supervised by a physical therapist and no less than monthly for
supportive personnel supervised by either a physical therapist or physical
therapist assistant.
8.1.6 When supervising supportive personnel, the physical therapist shall provide a
written plan(s) for the training and supervision of supportive personnel. The plan
shall be in accordance with current standards of professional practice and shall be
reviewed at least annually and revised as necessary. The plan shall be readily
available for review by all physical therapists and physical therapist assistants who
work with the supportive personnel and shall include:
a)
a list of clinical competencies of each supportive personnel;
b)
the method for monitoring and supervising care provided by the supportive
personnel; and
c)
the date reviewed and signatures of the supervisor and supportive personnel
governed by the plan.
8.1.7 No physical therapist assistant and/or supportive personnel shall evaluate new
patients admitted for physical therapy service and/or establish a physical therapy
treatment program based on the physician's referral or prescription; and
8.1.8 The physical therapist shall discharge such other supervisory activity (ies) as may be
deemed appropriate and in accordance with policies and procedures of the health
care facility and/or agency.
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PART III PHYSICAL THERAPIST ASSISTANT / LICENSE REQUIREMENTS
Section 9.0 License Requirement
9.1
Pursuant to section 5-40-9 of the Act, to safeguard the welfare and health of the
people of the state of Rhode Island, it is unlawful for any person to represent him or
herself as a physical therapist assistant in this state or to use any title, abbreviation,
sign or device to indicate that such person is a physical therapist assistant, unless
such a person has been duly licensed pursuant to the provisions of the Act and the
rules and regulations herein.
9.1.1
Any person who holds a license to practice as a physical therapist assistant in
this state shall have the right to use the title "physical therapist assistant" or
use the abbreviation “PTA.” No other person shall assume the title or other
words, or letters, signs, figures or devices to indicate the person using the
same is a physical therapist assistant.
Section 10.0 Qualifications For Licensure
10.1
Any applicant for licensure shall submit to the Board written evidence on forms
furnished by the Department, verified by oath, that the applicant meets the
following requirements:
a)
is at least eighteen (18) years of age;
b)
is of good moral character;
c)
has graduated from an educational program in physical therapy accredited
by the Commission on Accreditation of Physical Therapy Education
(CAPTE) or other accrediting agency as approved by the Department in
consultation with the Board, in the year of said applicant’s graduation;
leading to professional qualification as a physical therapist assistant and
approved by the Board; and
d)
has passed the National Physical Therapy Examination (NPTE) of the
Federation of State Boards of Physical Therapy (FSBPT) or other physical
therapy assistant certification examination as approved by the Department in
consultation with the Board to determine the applicant’s fitness to engage in
the practice of physical therapy. The Board will adopt the criterion-referenced
passing point recommended by the FSBPT.
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Section 11.0 Application For Licensure
11.1
Application for licensure to practice as a physical therapist assistant in this state,
shall be made on forms provided by the Department, which shall be completed,
notarized and submitted to the Board thirty (30) days prior to the scheduled date of
examination. Such application shall be accompanied by the following documents:
a)
For U.S. Citizens: a certified copy of birth certificate or naturalization papers;
For Non-U.S. Citizens: documented evidence of lawful entry into the country.
b)
supporting official transcripts of educational credentials as set forth in
section 10.0 herein;
c)
a statement from the Board of Physical Therapy in each state in which
the applicant has held or holds licensure to be submitted to the Board of this
state, attesting to the licensure status of the applicant during the time period
the applicant held licensure in said state; and
d)
the scores of the examination submitted to the Board as follows:
i.
The Board will adopt the criterion-referenced passing point
recommended by the Federation (FSBPT). This passing point will be
set equal to a scaled score of 600 based on a scale ranging from 200800.
ii.
The examination scores of the national examination approved by the
Federation of State Boards of Physical Therapy submitted directly to
the Board.
e)
the non-refundable application fee of ninety-three dollars and
seventy-five cents ($93.75), made payable by check or money order to the
General Treasurer, State of Rhode Island.
Section 12.0 Examinations For Licensure of Physical Therapist Assistants
12.1
By Examination
Applicants, except those exempt pursuant to section 12.2 herein, shall be required to
pass a national examination for physical therapist assistants approved by the Federation
of State Boards of Physical Therapy (FSBPT), or such other examination as may be
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determined by the Department, in consultation with the Board to test the applicant's
fitness to engage in the practice of physical therapist assistant.
12.1.1 The Board will adopt the criterion-referenced passing point
recommended by the Federation.
Without Examination by Endorsement
12.2
A license may be issued without examination to an applicant who has been duly
licensed by examination as a physical therapist assistant under the laws of another
state or territory or District of Columbia, if, in the opinion of the Board, the
applicant meets the qualifications required of physical therapist assistants in this
state. Said applicant must submit thirty (30) days prior to the scheduled meeting of
the Board, completed licensure application forms and fee in accordance with section
11.0 herein, including additional supporting documentation as may be required.
12.2.1 Until such time as a license has been issued, the candidate for
licensure by endorsement may not practice as a physical therapist assistant
in Rhode Island.
Re-Examination
12.3
In case of failure of any applicant to satisfactorily pass an examination such
applicant shall be entitled to a re-examination upon submission of an application
and fee.
12.3.1 In order to qualify for re-examination after three (3) failures, the applicant
must request a formal meeting with the Board, at which time requirements
(consisting of additional coursework and/or training) for re-examination will
be determined and must be fulfilled prior to admittance to a future
examination.
Foreign-Trained Applicants
12.4
Applicants from foreign physical therapist assistant schools must present evidence
that their educational credentials have been evaluated by and determined to be the
equivalent of those requirements set forth in section 10.1(c) herein by an agency
approved by the Board. Furthermore, foreign-trained applicants must meet all of
the appropriate requirements for licensure to the satisfaction of the Board, as listed
below, and in accordance with the statutory and regulatory provisions herein:
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a)
be of good moral character;
b)
have completed the application process;
c)
provide written proof of authorization to practice as a physical therapist
assistant without limitation(s) in the country(ies) where the professional
education occurred and/or in country(ies) where the applicant practiced as a
physical therapist assistant;
d)
provide proof of legal authorization to reside and seek employment in the
United States or its territories;
e)
have successfully passed the national examination as described in section
12.0 herein.
12.4.1 Any applicant for licensure as a physical therapist assistant who has received
his or her physical therapist assistant training in a country other than the
United States of America, the United Kingdom, the Republic of Ireland,
Canada except Quebec Province, Australia or New Zealand, shall submit to
the Board evidence of attainment of a passing score, as determined by the
Board, on the Test of English as a Foreign Language (TOEFL) examination,
which test shall have been taken within the two (2) years immediately
preceding the filing of the application for licensure. Such evidence must be
submitted with the application for licensure.
Graduate Practice
12.5 Every student upon graduating from a physical therapist assistant educational
program accredited by the Commission on Accreditation of Physical Therapy
Education (CAPTE) who has filed a physical therapist assistant application for
licensure may, upon receiving a permit from the Department, perform as a physical
therapist assistant, under the supervision of a physical therapist licensed in this
state.
12.5.1 During this interim period, the applicant shall identify himself or herself
only as a "graduate physical therapist assistant" or use the abbreviation
“GPTA.”
12.5.2 If such an applicant fails to take the examination within ninety (90) days
from the effective date of graduate status, without due cause or fails to pass
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the examination and receive a license, all the aforementioned privileges (see
sections 12.5 and 12.5.1 above) shall automatically cease.
(The provisions of 12.5 shall apply only to students upon graduating from a
physical therapist assistant educational program accredited by the
Commission on Accreditation of Physical Therapy Education (CAPTE) and
shall not apply to any physical therapist assistant previously licensed under
any licensure jurisdiction).
Section 13.0 Issuance and Renewal of License
13.1
Upon the recommendation of the Board, the Director shall issue to applicants who
have satisfactorily met the licensure requirements herein, a license to practice as a
physical therapist assistant in this state. Said license, unless sooner suspended or
revoked, shall expire on the first (1st) day of May of the next even year following
the date of issuance of the original license.
13.2
On or before the first (1st) day of March of each even year, the Department shall
mail an application for renewal of license to every person to whom a license has
been issued or renewed during the current licensure period. Every person so
licensed who desires to renew his or her license shall file with the Department such
renewal application duly executed together with a renewal fee of fifty dollars
($50.00) payable by check or money order to the General Treasurer, state of Rhode
Island on or before the thirty-first (31st) day of March of each even year.
13.3
Upon receipt of such renewal application and payment of said fee, the accuracy of
the application shall be verified, and the Department shall grant a renewal license
effective the second (2nd) day of May, and expiring on the first (1st) day of May of
the next even year.
13.4
Any person who allows his or her license to lapse by failing to renew it on or before
the thirty first (31st) day of March of the next even year, as provided above, may be
reinstated by the Department on payment of the current renewal fee plus an
additional fee of twenty-five dollars ($25.00).
13.4.1 Any person using the title "physical therapist assistant" during the time that
his or her license has lapsed shall be subject to the penalties provided for
violations of these regulations and the Act.
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Section 14.0 Supervision
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14.1
Pursuant to section 5-40-1 (h) of the Act, a licensed physical therapist shall be
responsible for the supervision, at all times, of the performance of patient care
services and treatments provided by physical therapist assistants, supportive
personnel and students, consistent with the provisions of section 8.0 herein.
14.2
The physical therapist assistant may be the supervisor for physical therapist
assistant students, but must be on the premises and immediately available.
14.3
The physical therapist assistant may be the supervisor for supportive personnel,
but must be on the premises, in line-of-sight, and immediately available.
PART IV GROUNDS
FOR DENIAL, SUSPENSION OR
VIOLATIONS, PROCEDURE FOR DISCIPLINE, SEVERABILITY
REVOCATION,
Section 15.0 Grounds for Denial, Suspension or Revocation of License/Violations
15.1
The Board shall have power to deny, revoke or suspend any license issued by the
Department or applied for in accordance with the provisions of the Act or
otherwise to discipline a person licensed under the provisions of the Act and the
rules and regulations herein, upon proof that said person has engaged in
unprofessional conduct including, but not limited to:
(1)
fraud or deceit in procuring or attempting to procure a license or in the
practice of physical therapy;
(2)
is habitually intemperate or is addicted to the use of habit-forming drugs;
(3)
is mentally and/or professionally incompetent;
(4)
has repeatedly violated any of the provisions of the Act or the regulations
herein;
(5)
Providing services to a person who is making a claim as a result of a
personal injury, who charges or collects from the person any amount in
excess of the reimbursement to the physical therapist by the insurer as a
condition of providing or continuing to provide services or treatment;
(6)
offenses
Conviction, including, a plea of nolo contendere, of one (1) or more of the
listed in section 23-17-37 of the Rhode Island General Laws, as amended;
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(7)
Page 152 of 167
Abandonment of a patient;
(8)
Promotion by a physical therapist or physical therapist assistant of the
sale of drugs,
devices, appliances, or goods or services provided for a patient in a
manner as to exploit the patient for the financial gain of the physical
therapist or physical therapist assistant;
(9)
therapy;
Making or filing false reports or records in the practice of physical
(10) Repeated failure to file or record, or impede or obstruct a filing or
recording, or
inducing another person to fail to file or record physical therapy reports;
(11)
(12)
therapist
Failure to furnish patient records upon proper request;
Practice as a physical therapist assistant without supervision by a physical
licensed in the state of Rhode Island;
(13)
Incompetent or negligent misconduct in the practice of physical therapy;
(14) Revocation, suspension, surrender, or limitation of privilege based on
quality of care
provided or disciplinary action against a license to practice as a physical
therapist or physical therapist assistant in another state, jurisdiction, or
country;
15.2
(15)
Failure to furnish the Board, administrator, investigator,
representatives information legally requested by the Board;
or
(16)
Violation of the Act or any of the rules and regulations or departure from
or failure to conform to the current standards of acceptable and prevailing
practice and code of ethics of physical therapy.
Any violation pursuant to the provisions of sections 5-40-13 and 5-40-17 of the
Act and the rules and regulations herein may be cause for denial, revocation, or
suspension of license or for imposing such other penalties in accordance with the
provisions of the Act.
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Section 16.0 Procedure for Discipline
When a written allegation is filed with the Board charging a person with having been
guilty of any of the actions specified in the Act and in these regulations, the Department
shall immediately investigate such charges or, the Board after investigation, may
institute charges in accordance with the provisions of section 5-40-14 of the Act.
Section 17.0 Penalties for Violations
17.1
It shall be a misdemeanor for any person, firm, corporation, or association to:
a)
b)
c)
17.2
use in connection with his or her name any designation tending to imply
that he or she is a physical therapist or physical therapist assistant unless
duly licensed under the provisions of the Act and the regulations herein;
use in connection with his or her name any designation tending to imply
that he or she is a physical therapist or physical therapist assistant during
the time his or her license issued under the provision so the Act and the
regulations herein shall be suspended or revoked;
otherwise violate any of the provisions of the Act.
All misdemeanors shall be punishable by a fine as set forth in section 5-40-17 of
the Act.
Section 18.0 Rules Governing Practices and Procedures
18.1
All hearings and reviews required under the provisions of Chapter 5-44 of the
General Laws of Rhode Island, as amended, shall be held in accordance with the
provisions of the Act and of the rules and regulations promulgated by the Rhode
Island Department of Health, entitled, Rules and Regulations of the Rhode Island
Department of Health Regarding Practices and Procedures Before the Department of
Health and Access to Public Records of the Department of Health (R42-35-PP).
Section 19.0 Severability
19.1
If any provision of these rules and regulations or the application thereof to any
person or circumstance shall be held invalid, such invalidity shall not affect the
provisions or application of the rules and regulations which can be given effect,
and to this end the provisions of the rules and regulations are declared to be
severable.
physical therapy-final regs-jan04.doc
Tuesday, January 20, 2004
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REFERENCES
1.
American Physical Therapy Association Code of Ethics, 2002, available online at:
http://www.apta.org/PT_Practice/ethics_pt/code_ethics
2.
American Physical Therapy Association, Guide for Professional Conduct, last
amended
January
2001,
available
online
at:
http://www.apta.org/PT_Practice/ethics_pt/pro_conduct
3.
American Physical Therapy Association, Standards of Ethical Conduct for the
Physical Therapist Assistant, 2002, available online at:
http://www.apta.org/PT_Practice/ethics_pt/ethics_pt_assistant
4.
American Physical Therapy Association, Guide for Conduct of the Physical Therapist
Assistant, last amended July 2001, available online at:
http://www.apta.org/PT_Practice/ethics_pt/affiliate_conduct
5.
American Physical Therapy Association, Standards of Practice for Physical Therapy.
available
online
at:
http://www.apta.org/PT_Practice/For_Clinicians/Standards/Standards
6.
The Federation of State Boards of Physical Therapy.
http://www.fsbpt.org/
Available online:
VERMONT PHYSICAL THERAPY STATUTES
The Vermont Statutes Online
Title 26: Professions and Occupations
Chapter 38: PHYSICAL THERAPISTS
§ 2081. Repealed. 1997, No. 40, § 27.
§ 2081a. Definitions
As used in this chapter:
(1) "Assistive personnel" means physical therapist assistants and physical therapy aides
and other trained or educated health care providers who perform specific designated
tasks related to physical therapy under the supervision of a physical therapist.
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(2) "Disciplinary action" or "disciplinary cases" includes any action taken by the
administrative law officer appointed under 3 V.S.A. § 129(j) against a licensee or
applicant premised upon a finding of wrongdoing or unprofessional conduct by the
licensee or applicant. It includes all sanctions of any kind, including obtaining
injunctions, suspending or revoking licenses, issuing warnings and other similar
sanctions and ordering restitution.
(3) "Physical therapist" means a person who has met all the conditions of this chapter
and is licensed to practice physical therapy in this state.
(4) "Physical therapist assistant" means a person who has met the conditions of this
chapter and is licensed to perform physical therapy procedures and related tasks that
have been selected and delegated by the supervising physical therapist.
(5) "Physical therapy aide" means an unlicensed person, trained under the direction of a
physical therapist, who performs designated and supervised routine physical therapy
tasks. The physical therapy aide may perform tasks related to preparation of a patient
and equipment for treatment, housekeeping, transportation, clerical duties and
departmental maintenance. The aide may provide that type of elementary and direct
patient care which the patient and family member could reasonably be expected to
learn and perform. The direct patient care provided is a component of the established
physical therapy program.
(6) "Practice of physical therapy" means the evaluation and treatment of any person by
the employment of effective properties of physical measures and the use of therapeutic
exercises and rehabilitative procedures, with or without assistive devices, for the
purposes of preventing, correcting or alleviating a physical or mental disability.
Physical therapy includes, but is not limited to, the performance of specialized tests,
administration of specialized therapeutic procedures, development of treatment plans
with licensed health care professionals acting within the scope of their practice and
establishment and modification of physical therapy programs for patients. (Added
1997, No. 40, § 25.)
§ 2082. Prohibition; offenses
(a) No person shall:
(1) practice or attempt to practice physical therapy or hold himself or herself out as
being able to do so in this state without first having obtained a license; or
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(2) use in connection with the person's name any letters, words, or insignia indicating or
implying that the person is a physical therapist or physical therapist assistant unless the
person is licensed in accordance with this chapter; or
(3) practice or attempt to practice physical therapy during license revocation or
suspension; or
(4) violate any of the provisions of this chapter.
(b) A person violating any of the provisions of subsection (a) of this section shall be
guilty of a misdemeanor and shall be fined not more than $1,000.00 or imprisoned not
more than 30 days, or both, for each occurrence. (Added 1981, No. 227 (Adj. Sess.), § 6.)
§ 2083. Exemptions from licensure
The following persons shall be permitted to practice as a physical therapist or physical
therapist assistant in this state without obtaining a license under this chapter upon the
following conditions:
(1) students enrolled in accredited physical therapist or physical therapist assistant
educational programs, while engaged in completing a clinical requirement for
graduation, which must be performed under the supervision and direction of a licensed
physical therapist;
(2) physical therapists licensed in other jurisdictions while enrolled in this state in
graduate educational programs that include the evaluation and treatment of patients as
part of their experience required for credit, as long as the student's practice is limited to
the scope of the educational program;
(3) practitioners of physical therapy employed in the United States Armed Services,
United States Public Health Service, Veterans Administration or other federal agency;
(4) physical therapists or physical therapist assistants licensed in other jurisdictions who
are teaching or participating in special physical therapy education projects,
demonstrations or courses in this state, in which their participation in the evaluation
and treatment of patients is minimal. (Added 1981, No. 227 (Adj. Sess.), § 6.)
§ 2084. Construction
This chapter shall not be construed to limit or restrict in any manner the right of a
practitioner of another occupation which is regulated by this state from carrying on in
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the usual manner any of the functions of his or her profession. (Added 1981, No. 227
(Adj. Sess.), § 6.)
§ 2085. Legal liability
(a) Physical therapists are professionally and legally responsible for patient care given
by assistive personnel under their supervision. A physical therapist may delegate to
assistive personnel and supervise selected acts, tasks or procedures which fall within
the scope of physical therapy practice, provided such acts, tasks or procedures do not
exceed the assistive personnel's education or training.
(b) The director of professional regulation shall identify by rule the physical therapy
services that may only be performed by, and are the sole responsibility of, the
supervising physical therapist.
(c) Assistive personnel, other than physical therapist assistants, shall perform patient
care activities under on-site supervision of a licensed physical therapist. For purposes of
this section, "on-site supervision" means the supervising physical therapist must be:
(1) continuously on-site and present in the department or facility where the assistive
personnel are performing services;
(2) immediately available to assist the person being supervised in the services being
performed; and
(3) maintain continued involvement in appropriate aspects of each treatment session in
which a component of treatment is delegated to assistive personnel.
(d) With respect to supervision of a physical therapist assistant, the supervising
physical therapist shall make regular visits at reasonable frequency to the place where
the service is provided for the purpose of observing the physical therapist assistant treat
the patient. (Added 1997, No. 40, § 26.)
§ 2091. Director of the office of professional regulation duties
The director of the office of professional regulation shall:
(1) provide general information to applicants for admission to licensure as physical
therapists or physical therapist assistants;
(2) explain appeal procedures to licensees and applicants and complaint procedures to
the public;
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(3) explain sanctions, including license revocation and suspension, which may be
imposed in disciplinary cases, the criteria by which sanctions are selected and
procedures for reinstatement where appropriate;
(4) administer fees as previously established by law;
(5) receive applications for licensure, administer examinations, provide licenses to
applicants qualified under this chapter, renew, revoke and reinstate licenses as ordered
by an administrative law officer; and
(6) issue to each person licensed, a certificate of licensure which shall be prima facie
evidence of the right of the person to whom it is issued to practice as a licensed physical
therapist or to represent himself or herself as a licensed physical therapist assistant,
subject to the conditions and limitations of this chapter. (Added 1981, No. 227 (Adj.
Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1997, No. 40, § 49(a).)
§ 2092. Advisor appointees
(a) The secretary of state shall appoint two physical therapists to serve as advisors in
matters relating to physical therapy. They shall be appointed for staggered three-year
terms and shall serve at the pleasure of the secretary. One of the initial appointments
may be for less than a three-year term. Appointees shall have not less than three years
experience as a physical therapist immediately preceding appointment and shall be
actively engaged in the practice of physical therapy in Vermont during incumbency.
(b) The director shall refer complaints and disciplinary matters to an administrative law
officer established under 3 V.S.A. § 129(j).
(c) The director shall seek the advice of the physical therapists appointed under this
section in carrying out the provisions of this chapter. (Added 1981, No. 227 (Adj. Sess.),
§ 6; amended 1989, No. 250 (Adj. Sess.), § 54; 1997, No. 40, § 49(a).)
§ 2101. Eligibility
To be eligible for licensure as a physical therapist or physical therapist assistant an
applicant must:
(1) be entitled to licensure without examination, or
(2) have been graduated from a physical therapy program which is accredited by an
agency recognized by the United States Department of Education or the Council on
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Post-secondary Accreditation or submit to the board proof of equivalent education as
provided in regulations for foreign trained persons, and
(3) pass an examination to the satisfaction of the director of the office of professional
regulation. (Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), §
4(d).)
§ 2102. Application
Unless entitled to licensure under section 2104 of this title, and according to the
procedures outlined in the rules of the director of the office of professional regulation, a
person who desires to be licensed as a physical therapist or physical therapist assistant
shall apply to the director in writing on a form furnished by the director, accompanied
by payment of the specified fee. (Added 1981, No. 227 (Adj. Sess.), § 6; amended 1989,
No. 250 (Adj. Sess.), § 4(d).)
§ 2103. Examination
(a) The director of the office of professional regulation shall examine applicants for
licensure as physical therapists or physical therapist assistants at such times and places
as he or she may determine. The physical therapy examination shall include the applied
sciences of anatomy, neuroanatomy, kinesiology, physiology, pathology, psychology,
physics, growth and development; physical therapy applied to medicine, neurology,
orthopedics, pediatrics, psychiatry, geriatrics, community health and surgery and also
medical ethics, technical procedures in the practice of physical therapy and such other
subjects as the director of the office of professional regulation may deem necessary,
including a practical examination.
(b) The physical therapist assistant examination shall include the following subjects: the
applied sciences of anatomy, kinesiology, physics, pathology, physiology, medical
ethics; selected physical therapy procedures which include massage, electrotherapy,
hydrotherapy, thermotherapy, therapeutic exercise and rehabilitative procedures and
such other subjects as the director of the office of professional regulation deems
necessary, including a practical examination.
(c) Examinations administered and procedures followed by the director shall be fair and
reasonable and shall be designed and implemented to reasonably ensure that an
applicant is at least minimally qualified to practice physical therapy. They shall not be
designed or implemented for the purpose of limiting the number of licensees. (Added
1981, No. 227 (Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(d).)
§ 2104. Licensure without examination
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A person who is licensed under the laws of another jurisdiction and who desires
licensure as a physical therapist or physical therapist assistant without examination
shall apply to the director of the office of professional regulation in writing on a form
furnished by the director, accompanied by the specified fee. The director shall license
those persons if he or she deems that they have met requirements in the other
jurisdiction which are substantially equal to those of this state. In all other cases, the
director of the office of professional regulation may make such regulations as are
reasonable and necessary for the protection of the public to assure that the applicant
under this section is professionally qualified. (Added 1981, No. 227 (Adj. Sess.), § 6;
amended 1989, No. 250 (Adj. Sess.), § 4(d).)
§ 2105. Temporary licensure without examination
(a) A temporary license without examination for practice under the direction of a
physical therapist licensed in Vermont may be issued to a person who applies for the
first time to practice physical therapy in this state as a physical therapist or as a physical
therapist assistant under section 2103 or 2104 of this title and meets all other
qualifications thereunder.
(b) A temporary license may be issued only for the purpose of allowing a qualified
applicant to practice as a physical therapist or as a physical therapist assistant until:
(1) the applicant takes the next examination provided by the director of the office of
professional regulation under section 2103 and a determination is made of his
qualifications to practice in this state, or
(2) the necessary data for licensure without examination under section 2104 is collected
and ruled on by the director of the office of professional regulation.
(c) Temporary licenses shall be issued on payment of the specified fee for a fixed period
of time to be determined by the director of the office of professional regulation and shall
not be renewed except by the director of the office of professional regulation subject to
proof of good and an exceptional cause shown by the applicant. (Added 1981, No. 227
(Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(d).)
§ 2106. Repealed. 1997, No. 59, § 65(1), eff. June 30, 1997.
§ 2106a. Fees
Notwithstanding the provisions of section 125(b) of Title 3, applicants and persons
regulated under this chapter shall pay the following fees: (1) Application for licensure
$100.00 (2) Biennial renewal $ 80.00 (3) Temporary license $ 50.00
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(Added 1999, No. 49, § 178.)
§ 2107. Renewals
(a) Licenses shall be renewed every two years upon payment of the required fee.
(b) Biennially, the director shall forward a renewal form to each license holder. Upon
receipt of the completed form and the renewal fee, the director shall issue a new license.
(c) Any application for renewal of a license which has expired shall be accompanied by
the renewal fee and late fee. A person shall not be required to pay renewal fees for years
during which the license was lapsed.
(d) The director may, after notice and opportunity for reinstatement hearing, revoke a
person's right to renew licensure if the license has lapsed for five or more years. (Added
1999, No. 52, § 13.)
§ 2121. Unprofessional conduct
(a) Unprofessional conduct is the conduct prohibited by this section and by section 129a
of Title 3, whether or not taken by a license holder.
(b) Unprofessional conduct shall include:
(1) conduct which evidences moral unfitness to practice physical therapy;
(2) sexual harassment of a patient;
(3) engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient;
(4) any of the following except when reasonably undertaken in an emergency situation
in order to protect life, health or property:
(A) practicing or offering to practice beyond the scope permitted by law; or
(B) accepting and performing physical therapy responsibilities which the licensee
knows or has reason to know that he or she is not competent to perform; or
(C) performing physical therapy services which have not been authorized by the
consumer or the consumer's legal representative.
(c) After hearing, an administrative law officer may take disciplinary action against a
licensee or applicant found guilty of unprofessional conduct. Sanctions imposed against
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an applicant shall be limited to denial of a license and notification of relevant state and
federal agencies of the unprofessional conduct of an applicant. (Added 1981, No. 227
(Adj. Sess.), § 6; amended 1989, No. 250 (Adj. Sess.), § 4(b); 1997, No. 40, § 49(a); 1997,
No. 145 (Adj. Sess.), § 44; 1999, No. 52, § 14.)
Rules Relating to Physical Therapists
PART 1. GENERAL INFORMATION
1.1 THE PURPOSE OF LICENSURE
The Director of Professional Regulation (referred to as "the Director" in this rule) has
been given power by
Vermont law to license physical therapists and physical therapist assistants, to protect
the public health, safety
and welfare. This is done by setting standards for issuing licenses, licensing only
qualified applicants and
regulating license holders and their practices.
1.2 LAWS THAT GOVERN LICENSURE
The practice of physical therapy is governed by a specific state law that establishes
responsibilities for setting
standards, issuing licenses and regulating the profession. In addition, the Director and
the Office of Professional
Regulation are obligated to comply with several other state laws, including the
Administrative Procedure Act (3
V.S.A. ''801-849), the Open Meeting law (1 V.S.A. ''310-314) and the Access to Public
Records law (1
V.S.A. ''315-320). These laws set forth the rights of an applicant, license holder or
member of the public.
Copies of these laws may be obtained from a town clerk or librarian or from the Office.
"Vermont Statutes
Online" are also available on the Internet at http://www.leg.state.vt.us.
PART 2. INFORMATION FOR APPLICANTS
2.1 DEFINITIONS
"The Act" means The Physical Therapists Act, 26 Vermont Statutes Annotated, Chapter
38.
"The Office" means the Office of Professional Regulation in the Office of the Secretary of
State.
"V.S.A." means Vermont Statutes Annotated: for example 26 V.S.A. '2081 means section
2081 of Title 26 of
the Vermont Statutes Annotated.
2.2 WHERE TO GET AN APPLICATION
An application for licensure or more information about the application process may be
obtained by calling or
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writing the Office at 109 State Street, Montpelier, Vermont 05609-1106. Telephone 802828-2363.
Applicants must submit a fully completed application form with all supporting
documentation and the fee to the
Office. Applications are reviewed only after the fully completed application and
documentation are received,
including evidence of any required education, supervision, employment, evidence of a
license in another
jurisdiction and its licensing standards, or other licensing standards.
An applicant issued an initial license within 90 days of the renewal date will not be
required to renew or pay the
renewal fee. The license will be issued through the next full license period. An applicant
issued an initial
license more than 90 days prior to the renewal expiration date will be required to renew
and pay the renewal fee.
2.3 QUALIFICATIONS FOR LICENSURE AS A PHYSICAL THERAPIST
(1) Education: An applicant must be a graduate of an educational program for physical
therapists which is accredited by an agency recognized by the United States
Department of Education or the Council on Post-Secondary Accreditation.
(2) Examination: The exam covers subjects required by the Act. Information on the
schedules may be obtained from the Office. An applicant must submit his or her
completed application to the Office at least six weeks before the exam. If an applicant
fails the exam, he or she must retake the entire exam. The examination fee must be paid
each time. More information about the examination may be obtained from the Office.
2.4 QUALIFICATIONS FOR LICENSURE AS A PHYSICAL THERAPIST
ASSISTANT
(1) Education: An applicant must be a graduate of an educational program for physical
therapist assistants which is accredited by an agency recognized by the United States
Department of Education or the Council on Post-Secondary Accreditation.
(2) Examination: The exam covers subjects required by the Act. It is given at least twice
a year at a time and place set well in advance. Information on the schedules may be
obtained from the Office. An applicant must submit his or her completed application to
the Office at least six weeks before the exam. If an applicant fails the exam, he or she
must retake the entire exam. The examination fee must be paid each time.
More information about the examination may be obtained from the Office.
2.5 LICENSURE WITHOUT EXAMINATION
To qualify for a license without taking an exam, an applicant must be currently licensed
in another state. The requirements which the applicant met at the time he or she was
licensed in that state must be substantially equal to Vermont's current requirements.
2.6 FOREIGN TRAINED GRADUATES LICENSURE
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An applicant must have completed a physical therapy or physical therapist assistant
educational program equivalent to the standards of accredited schools. The Office will
evaluate an applicant's academic credentials in consultation with a credentials
evaluation service. Applicants should contact the Office for a current list of acceptable
services. Applicants are responsible for the costs of this evaluation. Upon approval, an
applicant may then be eligible for licensure under Rules 2.3 or 2.4.
2.7 HOW TO GET A LICENSE AS A PHYSICAL THERAPIST IN EXCEPTIONAL
CASES
The Director may license a person as a physical therapist who is licensed under the laws
of another jurisdiction who has:
(1) Received initial training as a physical therapist prior to 1945, the training consisting
of a formal course of classroom and clinical education, acceptable to the Director; and
(2) Passed the examination required under Rule 2.3, or any other exam acceptable to the
Director, to the Director's satisfaction; and
(3) Practiced as a physical therapist more than three of the four years prior to the date
the applicant applies for licensure in the state of Vermont; and
(4) Enlisted a physical therapist licensed and currently practicing in the state of
Vermont who is willing to supervise the applicant personally for a minimum of six
months, and who submits to the Director at the end of the six month period a statement
that the applicant possesses the skills necessary to practice as a physical therapist in
Vermont.
2.8 HOW TO GET A LICENSE AS A PHYSICAL THERAPIST ASSISTANT IN
EXCEPTIONAL CASES
The Director may license a person as a physical therapist assistant who is licensed
under the laws of another jurisdiction who has:
(1) Received initial training as a physical therapist assistant prior to 1980, the training
consisting of a formal course of classroom and clinical education, acceptable to the
Director; and
(2) Passed the exam required under Rule 2.4, or any other exam acceptable to the
Director, to the Director's satisfaction; and
(3) Practiced as a physical therapist assistant more than three of the four years prior to
the date the applicant applies for licensure in the state of Vermont, supervised by a
licensed physical therapist; and
(4) Enlisted a physical therapist licensed and currently practicing in the state of
Vermont who is willing to supervise the applicant personally for a minimum of six
months, and who submits to the Director at the end of the six month period a statement
that the applicant possesses the skills necessary to practice as a physical therapist
assistant in Vermont.
2.9 HOW TO GET A TEMPORARY LICENSE
(1) A temporary license allows an applicant to practice while the application is being
considered. An applicant must file with the Office the following:
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(a) A completed application for licensure, either by examination (Rules 2.3, 2.4) or
without examination
(Rule 2.5);
(b) A completed application for temporary licensure, including the supervising physical
therapist's statement; and
( c) Verification of graduation from a physical therapy or physical therapist assistant
program. Practice under a temporary license must be under the daily, direct, on-site
supervision of a physical therapist licensed in Vermont who is currently licensed in the
profession. The applicant is responsible for arranging for direction of such a person for
the period of temporary licensure.
(2) A temporary license may be issued only for the purpose of allowing a qualified
applicant to practice as a physical therapist or a physical therapist assistant until:
(a) the applicant takes the next exam provided by the Office under Rule 2.3 or 2.4, or
(b) the necessary data for licensure without exam under Rule 2.5 is received and
accepted by the Office. The temporary license is good until 60 days after the date of the
exam an applicant has taken or, for licensure without exam, until 60 days after
applying. Within this period, the applicant must provide the Office with all
necessary data. A temporary license shall not be renewed.
2.10 RIGHT TO A WRITTEN DECISION AND APPEAL
An applicant will be notified in writing whether he or she is qualified to be licensed. If
the Director denies an applicant a license, the Director shall give the applicant specific
reasons and inform the applicant of the right to request a hearing for review of this
decision. The hearing will be held by an administrative law officer appointed by the
Secretary of State. After giving the applicant and the Director an opportunity to present
the application and any additional information, the administrative law officer shall
affirm, reverse, remand or modify the Director`s preliminary decision. The
administrative law officer's decision may be appealed to Washington Superior Court.
PART 3. INFORMATION FOR PHYSICAL THERAPISTS AND ASSISTANTS
3.1 RENEWING A LICENSE BIENNIALLY
The Office has a fixed 24-month licensing schedule. Licensees renew on a fixed biennial
schedule: September 30 of the even-numbered years. A licensee must renew by the
expiration date printed on his or her license. Before the license expiration date, the
Office will mail a renewal application and notice of renewal fee. A license will expire
automatically if the renewal application and fee are not returned to the Office by the
expiration date. A licensee is responsible for notifying the Office promptly if he or she
changes name, mailing address, or business address.
3.2 REINSTATING A LICENSE
Licenses that have lapsed may be reinstated upon payment of a renewal fee for the
current biennium and a late renewal penalty.
3.3 PROFESSIONAL STANDARDS
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A licensee may be disciplined for a violation of any of the grounds of unprofessional
conduct which are found in 26 V.S.A ' 2121. In addition, a licensee may be disciplined
for a violation of any of the grounds of unprofessional conduct which are found in 3
V.S.A. ' 129a.
3.4 SUPERVISION STANDARDS
(1) For physical therapist assistants, the supervisor makes regular visits at reasonable
frequency to the place where the assistant is providing service to observe the assistant
provide the patient treatment and adjust the treatment plan as needed. The physical
therapist documents the visits in the patient's medical record. The physical therapist reevaluates and renders personal treatment to a patient at least every fifth visit or every
30 days, whichever occurs first, or if the treatment is performed more than once a day,
at least once per week.
(2) A physical therapist or a physical therapist assistant practicing under a temporary
license must have daily, direct, on-site supervision by a licensed physical therapist for
the duration of the temporary license. The supervisor is available for advice and
intervention, and will sign all notes entered in the patient's medical record.
(3) Assistive personnel, other than physical therapist assistants, must have on-site
supervision by a licensed physical therapist. The supervising physical therapist must (a)
be continuously on-site and present in the department or facility where the assistive
personnel are performing services, (b) be immediately available to assist the person
being supervised in the services being performed, and ( c) maintain continued
involvement in appropriate aspects of each treatment session in which a component of
treatment is delegated to assistive personnel. The supervising physical therapist must
have concurrent supervision of no more than four persons, including assistive
personnel as defined in 26 V.S.A. ' 2081a(1) and physical therapist and physical
therapist assistant students. Any configuration of this one-to-four ratio shall include no
more than three assistive personnel or no more than two students.
(4) The following physical therapy services may by performed only by, and are the sole
responsibility of, the supervising physical therapist:
(a) Interpretation of referrals.
(b) Initial examination, problem identification, and diagnosis for physical therapy.
( c ) Development or modification of a plan of care that is based on the initial
examination and includes the goals for physical therapy intervention.
(d) Determination of which tasks require the expertise and decision-making capacity of
the physical therapist and must be personally rendered by the physical therapist, and
which tasks may be delegated.
(e) Assurance of the qualifications of all assistive personnel to perform assigned tasks
through written documentation of their education or training that is maintained and
available at all times.
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(f) Delegation and instruction of the services to be rendered by the physical therapist
assistant, aide, or other assistive personnel, including, but not limited to, specific
treatment program, precautions, special problems and contraindicated procedures.
(g) Timely review of documentation, re-examination of the patient and revision of the
plan of care when indicated.
(h) Establishment of a discharge plan and documentation of discharge summary or
status.
3.5 COMPLAINT PROCEDURE
The Office has a procedure for receiving, investigating and acting on complaints of
unprofessional conduct.
Copies of the procedure are available from the Office.
3.6 DISCIPLINARY ACTIONS
Hearings on charges of unprofessional conduct are held before an administrative law
officer appointed by the Secretary of State. A party aggrieved by a decision of an
administrative law officer may, within 30 days of the decision, appeal by filing a written
notice with the Director. The appeal shall be decided by Washington Superior Court on
the basis of the record before the administrative law officer.
Effective: September 1, 1998
BIBLIOGRAPHY
http://apta.org/governance