DAR File No. 41474

Commerce, Occupational and Professional Licensing

Section R156-24b-102

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 41474
Filed: 04/13/2017 11:00:01 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Physical Therapist Licensing Board are proposing amendments to clarify the definition of joint mobilization for the practice of physical therapy.

Summary of the rule or change:

In Subsection R156-24b-102(6), the previous definition of joint mobilization included a reference to another profession, and as a result it was difficult for professionals, Division personnel, and the public to understand. This revised definition focuses on the therapeutic actions of the licensed physical therapist, using language consistent with the American Physical Therapy Association (APTA) standards.

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The only identified cost for the state budget is approximately $75 to republish the rule. There may be some savings to the state budget because the clarified definition may improve the efficiency and timeliness of any Division investigation, but the amount of savings cannot be estimated as it will vary depending on circumstances.

local governments:

This proposed amendment does not apply to local government, so there should be no fiscal impact on local government.

small businesses:

There should be no fiscal impact on small business related to this amended definition because the new language adds clarification to practices that are already taking place in the industry. Licensed physical therapists who own or operate small businesses should more readily understand the definition of joint mobilization as it is now more consistent with the language of the APTA.

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

There should be no fiscal impact on other persons related to this amended definition because the new language adds clarification to practices that are already taking place in the industry. Licensed physical therapists should more readily understand the definition of joint mobilization as it is now more consistent with the language of the APTA.

Compliance costs for affected persons:

There are no identified compliance costs for affected persons because the amended language only adds clarification to practices that are already taking place in the industry.

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

This amendment merely amends the definition of "joint mobilization" for the practice of physical therapy. This revised definition focuses on the therapeutic actions of the licensed physical therapist, using language consistent with the American Physical Therapy Association standards. No fiscal impact to small business is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Suzette Farmer at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at sfarmer@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:

05/31/2017

Interested persons may attend a public hearing regarding this rule:

• 05/10/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

06/07/2017

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-24b. Physical Therapy Practice Act Rule.

R156-24b-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 24b, as used in Title 58, Chapters 1 and 24b or this rule:

(1) "A recognized accreditation agency", as used in Subsections 58-24b-302(1)(c) and (2)(c), means a college or university:

(a) accredited by CAPTE; or

(b) a foreign education program which is equivalent to a CAPTE accredited program as determined by the FCCPT.

(2) "Credential evaluation", as used in Subsections R156-24b-302a(2) and (3), means the appropriate Course Work Tool (CWT) adopted by the Federation of State Boards of Physical Therapy. The appropriate CWT means the CWT in place at the time the foreign educated physical therapist or physical therapist assistant graduated from the physical therapy program.

(3) "CAPTE" means Commission on Accreditation in Physical Therapy Education.

(4) "FCCPT" means the Foreign Credentialing Commission on Physical Therapy.

(5) "FSBPT" means the Federation of State Licensing Boards of Physical Therapy.

(6) "Joint mobilization", as used in Subsection 58-24b-102(14)(d), means a manual therapy technique comprising a continuum of skilled passive movements to the joints and/or related soft tissues that are applied at varying speeds and amplitudes, including a small-amplitude/high velocity therapeutic movement[passive and active movements of the joints of a patient, including the spine, to increase the mobility of joint systems; but, does not include specific vertebral adjustment and manipulation of the articulation of the spine by those methods or techniques which are generally recognized as the classic practice of chiropractic].

(7) "Routine assistance", as used in Subsections 58-24b-102(10) and 58-24b-401(3)(b) means:

(a) engaging in assembly and disassembly, maintenance and transportation, preparation and all other operational activities relevant to equipment and accessories necessary for treatment; and

(b) providing only that type of elementary and direct patient care which the patient and family members could reasonably be expected to learn and perform.

(8) "Supportive personnel", as used in Subsection R156-24b-503(1), means a physical therapist assistant or a physical therapy aide and does not include a student in a physical therapist or physical therapist assistant program.

(9) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 24b, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-24b-502.

 

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

Date of Enactment or Last Substantive Amendment: [December 29, 2016]2017

Notice of Continuation: October 6, 2016

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