Commerce, Occupational and Professional Licensing

Rule R156-24b

Physical Therapy Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 36759
Filed: 09/13/2012 01:17:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Physical Therapy Licensing Board are proposing the following amendments to this rule: 1) outline additional options for continuing education; 2) outline criteria under which a temporary license may be issued; and 3) outline license reinstatement requirements for individuals whose licenses expired over two years ago.

Summary of the rule or change:

In Subsection R156-24b-303b(2), additional options for continuing education are outlined. The proposed amendment makes it possible to complete a maximum of 10 percent of the number of contact hours required for renewal for supervision of a physical therapist or physical therapist assistant student in an accredited college program. The proposed amendment also makes it possible to complete a maximum of 15 contact hours required for renewal for serving as a clinical mentor for a physical therapy residency or fellowship training program at a credentialed program. In Section R156-24b-305, the Federation of State Boards of Physical Therapy (FSBPT) recently limited the number of dates throughout the year that students may take the National Physical Therapy Examination (NPTE). As a result, graduating students must wait months in some cases before taking the first available examination that they need to pass in order to qualify for a license. Section R156-24b-305 is added to outline requirements for issuance of a temporary license that graduates may practice with for a limited period while they wait for the next available examination. Section R156-24b-308 outlines requirements for reinstatement of a license that has been expired for over two years. The Physical Therapy Licensing Board felt that it was necessary to outline the requirements in detail beyond that which is provided in Section R156-1-308g. In Section R156-24b-502, the American Physical Therapy Association (APTA) replaced the July 2010 versions of the APTA Guide for Professional Conduct and the Guide for Professional Conduct of the Physical Therapist Assistant with a November 2010 version. The Physical Therapy Licensing Board supports incorporation of the most current edition.

State statutory or constitutional authorization for this rule:

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

This rule or change incorporates by reference the following material:

• Updates American Physical Therapy Association (APTA) Guide for Professional Conduct, published by APTA, November 2010
• Updates American Physical Therapy Association (APTA) Guide for Conduct of the Physical Therapist Assistant, published by APTA, November 2010

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 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.

local governments:

The proposed amendments only apply to practicing physical therapists and physical therapist assistants and applicants for these license classifications. As a result, the proposed amendments do not apply to local governments. Licensees work in a small number of local governments; however, the proposed amendments would not directly affect local governments.

small businesses:

The proposed amendments only apply to practicing physical therapists and physical therapist assistants and applicants for these license classifications. Issuing temporary licenses under conditions outlined in new Section R156-24b-305 will lead some students to become employed quicker by small businesses. Consequently, some small businesses may experience a financial benefit; however, the Division is unable to estimate how many small businesses may be impacted by the changes nor it is able to estimate the financial benefit to the small business.

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

The proposed amendments only apply to practicing physical therapists and physical therapist assistants and applicants for these license classifications. For some licensees, adding options for completing continuing education in Section R156-24b-303b will save time and money that they would have otherwise spent in efforts to complete other courses. In addition, issuing temporary licenses under conditions outlined in new Section R156-24b-305 will lead some students to become employed quicker. Consequently, some licensees may experience a financial benefit; however, the Division is unable to estimate how many licensees will be impacted by the changes nor it is able to estimate the financial benefit to the licensees as a result of the proposed amendments.

Compliance costs for affected persons:

The proposed amendments only apply to practicing physical therapists and physical therapist assistants and applicants for these license classifications. For some licensees, adding options for completing continuing education in Section R156-24b-303b will save time and money that they would have otherwise spent in efforts to complete other courses. In addition, issuing temporary licenses under conditions outlined in new Section R156-24b-305 will lead some students to become employed quicker. Consequently, some licensees may experience a financial benefit; however, the Division is unable to estimate how many licensees will be impacted by the changes nor it is able to estimate the financial benefit to the licensees as a result of the proposed amendments.

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

This rule filing makes amendments to the continuing education requirements, and adds provisions regarding temporary licensure and reinstatement criteria. As discussed in the rule filing, these changes are generally a cost-savings to applicants and licensees. However, no fiscal impact to businesses is anticipated from these amendments.

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
HEBER M WELLS BLDG
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:

10/31/2012

Interested persons may attend a public hearing regarding this rule:

• 10/22/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

11/07/2012

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-24b. Physical Therapy Practice Act Rule.

R156-24b-303b. Continuing Education.

(1) Required Hours. In accordance with Subsection 58-24b-303(2), during each two year renewal cycle commencing on June 1 of each odd numbered year:

(a) A physical therapist shall be required to complete not fewer than 40 contact hours of continuing education of which a minimum of three contact hours must be completed in ethics/law.

(b) A physical therapist assistant shall be required to complete not fewer than 20 contact hours of continuing education of which a minimum of three contact hours must be completed in ethics/law.

(c) Examples of subjects to be covered in an ethics/law course for physical therapists and physical therapist assistants include one or more of the following:

(i) patient/physical therapist relationships;

(ii) confidentiality;

(iii) documentation;

(iv) charging and coding;

(v) compliance with state and/or federal laws that impact the practice of physical therapy; and

(vi) any subject addressed in the American Physical Therapy Association Code of Ethics or Guide for Professional Conduct.

(d) The required number of contact hours of continuing education for an individual who first becomes licensed during the two year renewal cycle shall be decreased in a pro-rata amount.

(e) The Division may defer or waive the continuing education requirements as provided in Section R156-1-308d.

(2) A continuing education course shall meet the following standards:

(a) Time. Each contact hour of continuing education course credit shall consist of not fewer than 50 minutes of education. Licensees shall only receive credit for lecturing or instructing the same course up to two times. Licensees shall receive one contact hour of continuing education for every two hours of time spent:

(i) lecturing or instructing a course;

(ii) in a post-professional doctorate or transitional doctorate program; or

(iii) in a post-professional clinical residency or fellowship approved by the American Physical Therapy Association.

(b) Course Content and Type. The course shall be presented in a competent, well organized, and sequential manner consistent with the stated purpose and objective of the course.

(i) The content of the course shall be relevant to the practice of physical therapy and shall be completed in the form of any of the following course types:

(A) department in-service;

(B) seminar;

(C) lecture;

(D) conference;

(E) training session;

(F) webinar;

(G) internet course;

(H) distance learning course;

(I) journal club;

(J) authoring of an article or textbook publication;

(K) poster platform presentation;

(L) specialty certification through the American Board of Physical Therapy Specialties;

(M) post-professional clinical residency or fellowship approved by the American Physical Therapy Association;

(N) post-professional doctorate from a CAPTE accredited program;

(O) lecturing or instructing a continuing education course; or

(P) study of a scholarly peer-reviewed journal article.

(ii) The following limits apply to the number of contact hours recognized in the following course types during a two year license renewal cycle:

(A) a maximum of 40 contact hours for initial specialty certification through the American Board of Physical Therapy Specialties (ABPTS);

(B) a maximum of 40 contact hours for hours spent in a post-professional doctorate or transitional doctorate CAPTE accredited program;

(C) a maximum of 40 contact hours for hours spent in a post-professional clinical residency or fellowship approved by the American Physical Therapy Association;

(D) a maximum of half of the number of contact hours required for renewal for lecturing or instructing in [continuing education ]courses meeting these requirements;

(E) a maximum of ten percent of the number of contact hours required for renewal for supervision of a physical therapist or physical therapist assistant student in an accredited college program and the licensee shall receive one contact hour of credit for every 80 hours of clinical instruction;

(F) a maximum of 15 contact hours required for renewal for serving as a clinical mentor for a physical therapy residency or fellowship training program at a credentialed program and the licensee shall receive one contact hour of credit for every ten hours of residency or fellowship;

(G) a maximum of half of the number of contact hours required for renewal for online or distance learning courses that include examination and issuance of a completion certificate;

([F]H) a maximum of 12 contact hours for authoring a published, peer-reviewed article;

([G]I) a maximum of 12 contact hours for authoring a textbook chapter;

([H]J) a maximum of ten contact hours for personal or group study of a scholarly peer-reviewed journal article;

([I]K) a maximum of six contact hours for authoring a non-peer reviewed article or abstract of published literature or book review; and

([J]L) a maximum of six contact hours for authoring a poster or platform presentation.

(c) Provider or Sponsor. The course shall be approved by, conducted by, or under the sponsorship of one of the following:

(i) a recognized accredited college or university;

(ii) a state or federal agency;

(iii) a professional association, organization, or facility involved in the practice of physical therapy; or

(iv) a commercial continuing education provider providing a course related to the practice of physical therapy.

(d) Objectives. The learning objectives of the course shall be clearly stated in course material.

([f]e) Faculty. The course shall be prepared and presented by individuals who are qualified by education, training, and experience.

([g]f) Documentation. Each licensee shall maintain adequate documentation as proof of compliance with this Section, such as a certificate of completion, school transcript, course description, or other course materials. The licensee shall retain this proof for a period of three years after the end of the renewal cycle for which the continuing education is due.

(i) At a minimum, the documentation shall contain the following:

(A) the date of the course;

(B) the name of the course provider;

(C) the name of the instructor;

(D) the course title;

(E) the number of contact hours of continuing education credit; and

(F) the course objectives.

(ii) If the course is self-directed, such as personal or group study or authoring of a scholarly peer-reviewed journal article, the documentation shall contain the following:

(A) the dates of study or research;

(B) the title of the article, textbook chapter, poster, or platform presentation;

(C) an abstract of the article, textbook chapter, poster, or platform presentation;

(D) the number of contact hours of continuing education credit; and

(E) the objectives of the self-study course.

(6) Extra Hours of Continuing Education. If a licensee completes more than the required number of contact hours of continuing education during the two-year renewal cycle specified in Subsection (1), up to ten contact hours of the excess may be carried over to the next two year renewal cycle. No education received prior to a license being granted may be carried forward to apply towards the continuing education required after the license is granted.

 

R156-24b-305. Temporary Licensure.

(1) In accordance with Subsection 58-1-303(1), the Division may issue a temporary physical therapist or temporary physical therapist assistant license to a person who meets all qualifications for licensure as a physical therapist or physical therapist assistant except for the passing of the required examination, if the applicant:

(a) submits a complete application for licensure as a physical therapist or physical therapist assistant except the passing of the NPTE examination;

(b) is a graduate of a CAPTE accredited physical therapy school within three months immediately preceding application for licensure;

(c) submits evidence of having secured employment conditioned upon issuance of the temporary license, and the employment is under the direct, on-site supervision of a physical therapist with an active, non-temporary license; and

(d) has registered to take the required licensure examination.

(2) A temporary physical therapist or temporary physical therapist assistant license issued under Subsection (1) expires the earlier of:

(a) six months from the date of issuance;

(b) the date upon which the Division receives notice from the examination agency that the individual has failed the examination twice; or

(c) the date upon which the Division issues the individual full licensure.

(3) A temporary physical therapist or temporary physical therapist assistant license issued in accordance with this section cannot be renewed or extended.

 

R156-24b-308. Reinstatement of a Physical Therapist or Physical Therapist Assistant License which has Expired Beyond Two Years.

In addition to the requirements established in Section R156-1-308g and in accordance with Subsection 58-1-308(6), an applicant for reinstatement for licensure as a physical therapist or physical therapist assistant, whose license has been expired for two or more years, shall complete one or more of the following upon request of the Division in collaboration with the Board:

(1) meet with the Board to evaluate the applicant's ability to safely and competently practice physical therapy;

(2) pass the NPTE examination of the FSBPT if it is determined that examination or reexamination is necessary to verify the applicant's ability to safely and competently practice; and

(3) establish and carry out a plan of supervision under an approved supervisor which may include up to 4,000 hours of physical therapy training under a temporary physical therapist or physical therapist assistant license before qualifying for full reinstatement of the license.

 

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 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 [July]November 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 [July]November 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 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: [December 9, 2010]2012

Notice of Continuation: November 15, 2011

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