DAR File No. 37526

Commerce, Occupational and Professional Licensing

Section R156-24b-503

Physical Therapist Supervisory Authority and Responsibility

Notice of Proposed Rule

(Amendment)

DAR File No.: 37526
Filed: 04/15/2013 03:31:37 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendment clarifies that a physical therapist shall provide treatment to a patient at least every tenth treatment, not every tenth day. Members of both the Physical Therapy Licensing Board and the Utah Physical Therapy Association have received calls requesting clarification on the issue of physical therapist treatment frequency and physical therapist aide treatment and supervisor requirements.

Summary of the rule or change:

The proposed amendment in Subsection R156-24b-503(2) reflects the Board's interpretation of the intent of the rule, which is that the physical therapist should provide at least every tenth treatment to a patient, not a treatment every tenth day.

State statutory or constitutional authorization for this rule:

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

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.

local governments:

The proposed amendment applies to licensed physical therapists and their supervisory authority and responsibility of a physical therapist assistant or physical therapy aide. As a result, the proposed amendment does not apply to local governments.

small businesses:

The proposed amendment applies to licensed physical therapists and their supervisory authority and responsibility of a physical therapist assistant or physical therapy aide. There is the potential that physical therapists currently providing treatment every tenth day would begin providing every tenth treatment once the proposed amendment is made effective. This may result in an increase in costs to patients and third-party payers. However, it is just as likely that the more frequent evaluation by a physical therapist could result in decreased costs and actual savings. The proposed amendment may affect small physical therapy offices, rural medical, or home health businesses due to an increase in the number of physical therapist treatments, as opposed to physical therapist assistant treatments, that a patient receives. The Division, however, is unable to estimate any exact costs or savings due to a wide range of circumstances.

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

The proposed amendment applies to licensed physical therapists and their supervisory authority and responsibility of a physical therapist assistant or physical therapy aide. There is the potential that physical therapists currently providing treatment every tenth day would begin providing every tenth treatment once the proposed amendment is made effective. This may result in an increase in costs to patients and third-party payers. However, it is just as likely that the more frequent evaluation by a physical therapist could result in decreased costs and actual savings. The proposed amendment may affect small physical therapy offices, rural medical, or home health businesses due to an increase in the number of physical therapist treatments, as opposed to physical therapist assistant treatments, that a patient receives. Physical therapists may experience a slight increase in patient treatment demand; physical therapist assistants may experience a slight decrease in patient treatment demand. Patients may experience better outcomes due to more appropriate treatment plans and increased physical therapist oversight of their treatment. The Division, however, is unable to estimate any exact costs or savings due to a wide range of circumstances.

Compliance costs for affected persons:

The proposed amendment applies to licensed physical therapists and their supervisory authority and responsibility of a physical therapist assistant or physical therapy aide. There is the potential that physical therapists currently providing treatment every tenth day would begin providing every tenth treatment once the proposed amendment is made effective. This may result in an increase in costs to patients and third-party payers. However, it is just as likely that the more frequent evaluation by a physical therapist could result in decreased costs and actual savings. The proposed amendment may affect small physical therapy offices, rural medical, or home health businesses due to an increase in the number of physical therapist treatments, as opposed to physical therapist assistant treatments, that a patient receives. Physical therapists may experience a slight increase in patient treatment demand; physical therapist assistants may experience a slight decrease in patient treatment demand. Patients may experience better outcomes due to more appropriate treatment plans and increased physical therapist oversight of their treatment. The Division, however, is unable to estimate any exact costs or savings due to a wide range of circumstances.

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

The proposed amendment modifies existing rule language to clarify that a patient receiving care from a physical therapist must be treated by the physical therapist at least every 30 days or tenth treatment, with it being permissible for additional treatments to be provided by supportive personnel who are supervised by the physical therapist. Any fiscal impact to businesses will result from their changing their scheduling practice to distribute appointments among physical therapists and supportive personnel in a manner that complies with the rule. Those costs are incidental to the rule itself and cannot be estimated, but are anticipated to be minimal.

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:

• Debra Hobbins at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at dhobbins@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:

05/31/2013

Interested persons may attend a public hearing regarding this rule:

• 05/21/2013 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:

06/07/2013

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-24b. Physical Therapy Practice Act Rule.

R156-24b-503. Physical Therapist Supervisory Authority and Responsibility.

In accordance with Section 58-24b-404, a physical therapist's supervision of a physical therapist assistant or a physical therapy aide shall meet the following conditions:

(1) a full-time equivalent physical therapist can supervise no more than three full-time equivalent supportive personnel unless approved by the board and Division; and

(2) a physical therapist shall provide treatment to a patient at least every tenth treatment [day ]but no longer than 30 days from the day of the physical therapist's last treatment day, whichever is less.

 

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

Date of Enactment or Last Substantive Amendment: [November 13, 2012]2013

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)