DAR File No. 38473

Commerce, Occupational and Professional Licensing

Rule R156-24b

Physical Therapy Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38473
Filed: 05/01/2014 08:04:18 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Physical Therapy Licensing Board are proposing amendments to: 1) allow individuals who graduated from a physical therapy program and failed the national licensure exam the opportunity to apply for licensure as a physical therapist assistant. They would then be eligible to sit for that exam and potentially have a source of income as a licensed professional as a physical therapist assistant while waiting the obligatory three months to retake the national physical therapist exam; 2) delete the requirement in rule to pass an open-book, take-home test since it is redundant. This requirement is already provided in Subsection 58-24b-302(1)(d); 3) the Physical Therapy Practice Act and this rule are inconsistent in the delineation of requirements for testing for licensure. The practice act states that after submitting proof of graduation from a professional physical therapist education program that is accredited by a recognized accreditation agency, the applicant will pass a licensing examination. The current rule indicates that an applicant is eligible to sit for the required examination if they graduate from, or were in the final semester of, a CAPTE (Commission on Accreditation in Physical Therapy Education)-accredited program. In addition to clearing up the inconsistency, the proposed amendments will eliminate the extra work and long processing times inherent in what has become the Division's role as the de facto physical therapy testing approval service for the United States. The Division has been inundated with applications for licensure from individuals across the country, who want to test before they graduate, who have no desire or intention to become licensed in Utah. After these individuals pass the test, letters are sent requesting transcripts and other needed documentation for licensure. Letters were ignored and applications languished, up to a year, while staff performed due diligence attempting to obtain the requested information necessary for licensure; and 4) the Physical Therapy Licensing Board felt that the temporary license requirement of having a new graduate submit evidence of employment in order to obtain a temporary license was restrictive and counterproductive. The applicant could not find employment without at least a temporary license; yet without a license, the employer was reluctant to make a job offer.

Summary of the rule or change:

Subsection R156-24b-302a(4) is added to allow an applicant who has met all requirements for licensure as a physical therapist except passing the FSBPT (Federation of State Licensing Boards of Physical Therapy) exam to apply for licensure as a physical therapist assistant. Amendments to Subsection R156-24b-302b(1) mirror the language in statute requiring proof of graduation from an accredited program prior to taking and passing the FSBPT exam. Subsection R156-24b-302b(2) requiring passing the open book, take-home law and rule examination is deleted. Subsection R156-24b-302b(3) allowing an individual enrolled in the final semester of a CAPTE-accredited program to be eligible to sit for the FSBPT exam, is deleted. A new Subsection R156-24b-302b(2) is added to allow an individual who fails the FSBPT national exam to apply for licensure as a physical therapist assistant and sit for that exam. Subsection R156-24b-305(1 )(c) is amended to remove the requirement to submit evidence of having secured employment prior to being issued a temporary license. This subsection also reiterates the need for direct supervision if the individual with a temporary license is employed as a physical therapist.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Section 58-24b-101
• Subsection 58-1-106(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. The Division may or may not experience cost reduction due to no longer processing and following up on applications submitted by individuals who desire to test prior to graduation, yet have no intention of being licensed in Utah. The Division may receive an increased number of applications for licensure as a physical therapist assistant. However, the Division is unable to quantify these potential costs or cost savings.

local governments:

The proposed amendments only apply to licensed physical therapists and 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 proposed amendments allow individuals who failed the FSBPT Physical Therapist examination to apply for licensure as a physical therapist assistant, sit for that exam, and potentially be gainfully employed while waiting the required three months to retake the FSBPT Physical Therapist examination. Individuals who were only interested in testing prior to graduation will actually save money because they had to apply for licensure in Utah to be made eligible for testing. Upon passing the examination, they then had to apply to their chosen state for licensure, incurring additional applications costs. The Division is unable to quantify these potential costs or costs savings due to a wide range of circumstances.

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 proposed amendments allow individuals who failed the FSBPT Physical Therapist examination to apply for licensure as a physical therapist assistant, sit for that exam, and potentially be gainfully employed while waiting the required three months to retake the FSBPT Physical Therapist examination. Individuals who were only interested in testing prior to graduation will actually save money because they had to apply for licensure in Utah to be made eligible for testing. Upon passing the examination, they then had to apply to their chosen state for licensure, incurring additional applications costs. The Division is unable to quantify these potential costs or costs savings due to a wide range of circumstances.

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

This rule filing simplifies and clarifies licensing processes within the physical therapy profession. Where businesses are not required to obtain a license under these rules, no fiscal impact to businesses is anticipated.

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:

06/16/2014

Interested persons may attend a public hearing regarding this rule:

• 05/19/2014 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

06/23/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-24b. Physical Therapy Practice Act Rule.

R156-24b-302a. Qualifications for Licensure - Education Requirements.

(1) In accordance with Subsection 58-24b-302(1)(c), the accredited school of physical therapy for a physical therapist shall be accredited by CAPTE at the time of graduation.

(2) In accordance with Subsection 58-24b-302(3), an applicant for licensure as a physical therapist who is educated outside the United States whose degree was not accredited by CAPTE shall document that the applicant's education is equal to a CAPTE accredited degree by submitting to the Division a credential evaluation from the Foreign Credentialing Commission on Physical Therapy. Only educational deficiencies in pre-professional subject areas may be corrected by completing college level credits in the deficient areas or by passing the College Level Examination Program (CLEP) demonstrating proficiency in the deficient areas. Pre-professional subject areas include the following:

(a) humanities;

(b) social sciences;

(c) liberal arts;

(d) physical sciences;

(e) biological sciences;

(f) behavioral sciences;

(g) mathematics; or

(h) advanced first aid for health care workers.

(3) In accordance with Subsection 58-24b-302(2), a physical therapist assistant shall complete one of the following CAPTE accredited physical therapy education programs:

(a) an associates, bachelors, or masters program; or

(b) in accordance with Section 58-1-302, an applicant for a license as a physical therapist assistant who has been licensed in a foreign country whose degree was not accredited by CAPTE shall document that the applicant's education is substantially equivalent to a CAPTE accredited degree by submitting to the Division a credential evaluation from the Foreign Credentialing Commission on Physical Therapy. Only educational deficiencies in pre-professional subject areas may be corrected by completing college level credits in the deficient areas or by passing the College Level Examination Program (CLEP) demonstrating proficiency in the deficient areas. Pre-professional subject areas include the following:

(a) humanities;

(b) social sciences;

(c) liberal arts;

(d) physical sciences;

(e) biological sciences;

(f) behavioral sciences;

(g) mathematics; or

(h) advanced first aid for health care workers.

(4) An applicant who has met all requirements for licensure as a physical therapist except passing the FSBPT National Physical Therapy Examination-Physical Therapist may apply for licensure as a physical therapist assistant.

 

R156-24b-302b. Qualifications for Licensure - Examination Requirements.

(1) In accordance with Subsections 58-24b-302(1)(e), (2)(e) and (3)(e), each applicant for licensure as a physical therapist or physical therapist assistant shall pass the FSBPT's National Physical Therapy Examination with a passing score as established by the FSBPT, after submitting proof of graduation from a professional physical therapist education program that is accredited by a recognized accreditation agency.

(2) [In accordance with Section 58-1-309 and Subsections 58-24b-302(1)(d), (2)(d) and (3)(d), each applicant for licensure as a physical therapist or physical therapist assistant, including endorsement applicants, shall pass all questions on the open book, take home Utah Physical Therapy Law and Rule Examination.

(3) An applicant for licensure as a physical therapist or a physical therapist assistant must have completed the education requirements set forth in Section R156-24b-302, or be enrolled in the final semester of a CAPTE accredited program, in order to be eligible to sit for the examination required for Utah licensure as set forth in Subsection (1) above.]An applicant for licensure as a physical therapist who fails the FSBPT National Physical Therapy Examination-Physical Therapist is eligible to sit for the FSBPT National Physical Therapy Examination-Physical Therapist Assistant after submitting an application for licensure as a Physical Therapist Assistant.

 

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 if employed as a physical therapist; 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.

 

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

Date of Enactment or Last Substantive Amendment: [June 10, 2013]2014

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)