Commerce, Occupational and Professional Licensing

Section R156-24b-502

Unprofessional Conduct

Notice of Proposed Rule

(Amendment)

DAR File No.: 34133
Filed: 10/05/2010 10:26:09 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In July 2010, the American Physical Therapy Association (APTA) House of Delegates amended the APTA Code of Ethics for the Physical Therapist, Guide for Professional Conduct, Standards of Ethical Conduct for the Physical Therapist Assistant, and Guide for Conduct of the Physical Therapist Assistant. The Division and the Physical Therapy Licensing Board reviewed the APTA's amendments to the documents and determined that new editions of the documents should be incorporated by reference in the Physical Therapy Practice Act Rule. The former editions of the documents have been expanded in the new editions to better delineate the ethical obligations of all physical therapists and physical therapist assistants. The new editions are more specific in clarification of intent, meaning, and application of foundational principles of ethics in the practice of physical therapy.

Summary of the rule or change:

Updated the APTA's Code of Ethics for the Physical Therapist from the June 2000 edition to the July 2010 edition. Updated the APTA's Guide for Professional Conduct from the January 2004 edition to the July 2010 edition. Updated the APTA's Standards of Ethical Conduct for the Physical Therapist Assistant from the June 2000 edition to the July 2010 edition. Updated the APTA's Guide for Conduct of the Physical Therapist Assistant from the February 2004 edition to the July 2010 edition.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-24b-101
• Subsection 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

• Updates Standards of Ethical Conduct for the Physical Therapist Assistant, published by American Physical Therapy Association, July 2010
• Updates Guide for Professional Conduct, published by American Physical Therapy Association, July 2010
• Updates Code of Ethics for the Physical Therapist, published by American Physical Therapy Association, July 2010
• Updates Guide for Conduct of the Physical Therapist Assistant, published by American Physical Therapy Association, July 2010

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. Licensed physical therapists and physical therapist assistants may work in a few state agencies; however the proposed amendments would not directly affect the agency.

local governments:

The proposed amendments only apply to licensed physical therapists and licensed physical therapist assistants and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed physical therapists and physical therapist assistants and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed physical therapists and physical therapist assistants and applicants for licensure in those classifications. The Division has determined no costs or savings are associated with the proposed amendments since the updated editions of the documents can be found on the American Physical Therapy Association's website.

Compliance costs for affected persons:

The proposed amendments only apply to licensed physical therapists and physical therapist assistants and applicants for licensure in those classifications. The Division has determined no costs or savings are associated with the proposed amendments since the updated editions of the documents can be found on the American Physical Therapy Association's website.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing adopts the current editions of various American Physical Therapy Association's Codes of Ethics. No fiscal impact to businesses is anticipated from this rule filing.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2010

This rule may become effective on:

12/08/2010

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-24b. Physical Therapy Practice Act Rule.

R156-24b-502. Unprofessional Conduct.

Unprofessional conduct includes:

(1) violating, as a physical therapist, any provision of the American Physical Therapy Association's Code of Ethics for the Physical Therapist, last amended [June 2000]July 2010, which is hereby adopted and incorporated by reference;

(2) violating, as a physical therapist, any provision of the American Physical Therapy Association's Guide for Professional Conduct, last amended [January 2004]July 2010, which is hereby adopted and incorporated by reference;

(3) not providing supervision, as a physical therapist, as set forth in Section R156-24b-503;

(4) violating, as a physical therapist assistant, any provision of the American Physical Therapy Association's Standards of Ethical Conduct for the Physical Therapist Assistant, last amended [June 2000]July 2010, which is hereby adopted and incorporated by reference; and

(5) violating, as a physical therapist assistant, any provision of the American Physical Therapy Association's Guide for Conduct of the Physical Therapist Assistant, last amended [February 2004]July 2010, which is hereby adopted and incorporated by reference.

 

KEY: licensing, physical therapy, physical therapist, physical therapist assistant

Date of Enactment or Last Substantive Amendment: [June 21, ]2010

Notice of Continuation: January 30, 2007

Authorizing, and Implemented or Interpreted Law: 58-24b-101; 58-1-106(1)(a); 58-1-202(1)(a)