RULE 071.00.01-001 - Revision to Rules and Regulations of Providers of Physical Therapy

RULE 071.00.01-001. Revision to Rules and Regulations of Providers of Physical Therapy

ARKANSAS STATE BOARD OF PHYSICAL THERAPY RULES AND REGULATIONS

I. Officers and Meetings

A. Officers shall:

1. Consist of a chairperson and a secretary/treasurer, each of whom shall have the privilege of re-election.

2. Officers shall be elected annually in July, unless otherwise determined by the Board.

B. Duties of Officers:

1. The chairperson shall:

a. Call and preside at all meetings. In the absence of the chairperson, he/she shall designate a member to preside.

b. Be custodian of all records or designate a custodian of all records.

c. Delegate duties to Board members.

d. Vote on all issues.

2. The secretary/treasurer shall:

a. Ensure that accurate minutes of each meeting are kept and distributed to each Board member.

b. Supervise disbursement of Board funds.

C. The location of the office of the Board shall be designated by the Board.

D. Meetings:

1. Special meetings may be called at the discretion of the chairperson, or by two members of the Board, provided that all members are adequately notified.

2. All meetings shall be conducted pursuant to the Arkansas Freedom of Information Act and disciplinary proceedings shall be conducted in accordance with the Arkansas Administrative Procedures Act.

3. Three (3) members shall constitute a quorum.

4. A majority vote of a quorum carries.

II. Application for Licensure

A. An individual who plans to practice as a physical therapist or physical therapist assistant must secure a license prior to practicing in the state.

B. Credentials required for application for initial licensure are to be submitted to the Arkansas State Board of Physical Therapy as follows:

1. An official transcript mailed from the Office of the Registrar of a professional physical therapy education program accredited by a national accreditation agency approved by the Board is required. Official transcript mailed from Office of the Registrar. An official certification of graduation from a professional physical therapy program shall be sufficient to allow the applicant to take the licensure exam.

2. Official application from the Arkansas State Board of Physical Therapy filled out by the applicant and notarized.

3. Application requirements must be completed and received by the Board prior to taking the examination.

C. Applicants who are currently licensed in another state or territory, and are requesting same in Arkansas by endorsement/reciprocity, shall submit:

1. Official application form of the Arkansas State Board of Physical Therapy filled out by the applicant and notarized.

2. Previous test scores sent directly by the official reporting agency.

3. Verification of licensure from each state or territory where currently licensed.

4. Official transcript mailed from Office of the Registrar of

a professional physical therapy education program accredited by a national accreditation agency approved by the Board.

D. All applicants shall pay the required fees. Refer to attached fee schedule.

III. Temporary Permits

A. A temporary permit may be granted to any physical therapist licensed in another state who comes to Arkansas on a temporary basis for educational purposes. Physical therapists wishing to obtain this special permission must write a letter stating the reasons he/she desires to have temporary privileges. This letter should specify: date(s), location, individual/institution who is sponsoring the therapist in Arkansas and a copy of the therapist's current license.

B. A candidate for licensure by examination may be granted a temporary permit only under special circumstances.

C. A temporary permit may be issued for no more than three months without reapplying to the Board.

D. All applicants shall pay the required fee. Refer to attached fee schedule.

IV. Methods of Licensure

A. Reciprocity

1. Each applicant shall be considered on individual qualifications.

2. Requirements of state or territory in which currently licensed must be at least equal to Arkansas requirements, including test scores.

3. The applicant may be required to be interviewed by the Board if his/her credentials, requirements of licensure in another state or territory, or current professional capabilities are in question.

4. An applicant to whom the Board refused reciprocity may request a hearing before the Board.

5. Applicants who have taken the national licensure examination prior to February,1991, will be required to have achieved a minimum score of 1.5 standard deviations below the national average on the raw score of individual parts as well as the total. Applicants who have taken the national licensing examination on or after February 1991 and prior to March of 1996 will be required to have achieved a minimum score of 1.5 standard deviations below the national average on the total raw score. For each examination given on or after March,1996, a passing score will be established by the board using criterion referenced scoring.

B. Examination

1. Applicants who comply with qualifications in accordance with the Arkansas Physical Therapy Practice Act shall be permitted to sit for examination. (See Ark. Code Ann. ยง 17-93-303)

2. Form of Examination

a. The examination for the physical therapist or physical therapist assistant shall be the appropriate level examination procured from an examination service approved by the Arkansas State Board of Physical Therapy.

b. The examination will be administered at an approved agency. Written guidelines and procedures will be provided at time of application.

c. The application must be completed for the examination in the time allotted or the fee will be forfeited.

3. Passing Level

a. For each examination given on or after March, 1996, a passing score will be established by the board using criterion referenced scoring.

4. Scoring and Reporting of Examinations

b. Results of the examinations will be kept on file by the Board.

c. Examination scores will be reported directly to each candidate by the Board.

5. Failure to Pass Examination

a. A candidate who fails to pass the Examination will be notified. The candidate is ineligible to practice in Arkansas as a physical therapist or a physical therapist assistant until the examination is passed.

b. Upon payment of an appropriate fee applicants who do not pass the examination after the first attempt may re-take the examination one (1) additional time without re-application for licensure. This must occur within six (6) months from the first failure.

c. Prior to being approved by the Board for subsequent testing beyond two (2) attempts, individuals shall re-apply and demonstrate evidence satisfactory to the Board of having successfully completed additional clinical training and/or course work as determined by the Board.

V. Foreign-educated Physical Therapists & Physical Therapist Assistants

a. The foreign-educated physical therapist or physical therapist assistant is required to be eligible for licensure or authorized to practice without limitation in their home country.

b. Any foreign-educated physical therapist or physical therapist assistant who plans to practice in Arkansas shall submit all credentials set forth in Section II of these regulations.

c. The foreign-educated physical therapist or physical therapist assistant must also submit the following:

1. Credentials evaluation statement from a credentials evaluation agency approved by the Board.

2. Results from an English proficiency examination. Both the examination and acceptable score on examination must be approved by the Board. The test must include both written and oral sections.

VI. Recording and Renewals

A. Licenses must be renewed annually by March 1 The renewal must be accompanied by appropriate fees and proof of continuing education.

B. It is the responsibility of the individual to notify the Board of an address change in writing.

1. Unrenewed licenses become inactive as of a date established by the Board. To return to regular status, the previous year's continuing education requirements must be met and a reinstatement fee, not to exceed $100, must be paid.

2. Licenses reactivated after said date will be assessed a late charge in addition to the renewal fee.

C. Individuals wishing to be placed on inactive status must submit a written request to the Board.

1. A Physical Therapist or Physical Therapist Assistant on inactive status may not engage in the provision of physical therapy services.

2. To return to regular status, the applicant must demonstrate completion of delinquent contiunuing education requirements up to four (4) units (40 contact hours) and pay the annual license fee, and a reinstatement fee as outlined in Section VII.

D. Physical Therapists and Physical Therapist Assistants who have not paid annual renewal fees by March 1 are in violation of the Practice Act and shall not actively engage in practice. (Reference 17-93-311). Practice without a valid license is subject to a fine of up to $1,000 per day. Late renewals are allowed by paying a late fee as determined by the Board.

VII. Fees and Penalties (Current Fee Schedule Attached)

A. Physical therapists shall be required to pay fees not to exceed the following:

Temporary Permit - $100 Initial Application & Examination Fee - $450

Reciprocity - $250

Annual Renewals - $150

Late Fee - $100 per month

Reinstatement Fee - $75.00

B. Physical therapist assistants shall be required to pay fees not to exceed the following:

Temporary Permit - $50

Initial Application & Examination Fee - $250

Reciprocity - $200

Annual Renewals - $125

Late Fee - $100 per month

Reinstatement Fee - $50.00

C. Physical therapists and physical therapist assistants who have not paid annual renewal fees by March 1 will be allowed to renew by paying a late fee of $100 per month.

VIII. Disciplinary Action

A. The Board may refuse to license, refuse to renew a license, revoke a license or temporary permit, and/or take other disciplinary action as provided by law regarding any physical therapist or physical therapist assistant who is guilty of any of the acts as set forth in Section 17 -93-308 of the Arkansas Physical Therapy Practice Act. Unprofessional conduct pursuant to Ark. Code Ann. Section 17-93-308(a)(3), shall include but not be limited to the following:

1. Engaging in any type of sexual conduct of a verbal or physical nature or to engage in a sexual/romantic relationship, including, but not limited to kissing, sexual contact, and sexual intercourse, with a current patient or with any person who was treated as a patient within the preceding six months. A patient's consent to, initiation of, or participation in the sexual contact or sexual/romantic relationship does not change the nature of the conduct nor the prohibition. This provision shall not prohibit a physical therapist or physical therapist assistant from treating any person with whom there has been a preexisting sexual or romantic relationship.

2. Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to patient diagnosis or treatment under current practice standards.

3. Failing to adhere to the recognized standards of ethics of the physical therapy profession.

4. Charging unreasonable or fraudulent fees for services performed or not performed.

5. Failing to report to the board any act or omission of a license holder, certificate holder, applicant or any other person who violates the provisions of the Arkansas Physical Therapy Act, as ammended.

A revoked license must be returned to the Board office immediately upon notification of the revocation.

B. Each facility offering physical therapy services shall be required to publicly display the name and address of the Arkansas State Board of Physical Therapy.

C. Any person may file a complaint in writing to the Board against any licensed physical therapist or physical therapist assistant in this state, charging said person with having violated the provisions of any part of the Arkansas Physical Therapy Practice Act. The Board may act upon its own motion or upon written complaint. The person named in the complaint will be notified and a response from that individual will be requested.

IX. Physical Therapist Assistant Supervision

A. The practice of the physical therapist assistant shall be performed only under the supervision of the licensed physical therapist who retains moral, ethical, and legal responsibility for patient care.

B. The supervising therapist must be readily available for consultation, evaluations, and establishment of each program.

C. In direct consultation with the (supervising) physical therapist, the physical therapist assistant may:

1. Recommend changes in the treatment, plan of care or goals as appropriate .

2 Within the plan of care, recommend appropriate equipment, assistive devices or modification of architectural barriers.

3. Within the plan of care, perform appropriate examination procedures.

D. The Physical Therapist Assistant may alter treatment in response to adverse changes in the patient's physiological state.

X. Physical Therapy Aide Functions

A. A physical therapy aide must receive inservice training by a physical therapist or physical therapist assistant. Once the aide is trained in treatments which can be completed within the realm of inservice as determined by a physical therapist, he/she may perform treatments only under direct, on-site supervision by a physical therapist and/or physical therapist assistant.

B. The physical therapy aide may not:

1. change any treatment;

2. perform evaluative and assessment procedures;

3. alter a plan of care or goals.

XI. Continuing Education Requirements

A. The licensed physical therapist must complete in each biennium, two (2) CEUs.

CEUs are required to be submitted only with odd number year renewals.

B. The licensed physical therapist assistant must complete, in each bien-nium, one (1) CEU. CEUs are required to be submitted only with odd number year renewals.

C. Qualifying Continuing Education Units

1. One CEU is defined as 10 contact hours of an accredited course or program. Program content must be of clinical application, clinical management, behavioral science, or science.

2. Program content and CEU's accreditation must be approved by the Board or a Board-approved entity.

3. College or university courses in the area of clinical application, clinical management, behavioral science, science, or scientific research will be accepted. Courses will be credited one (1) CEU for each satisfactorily (grade C or higher) completed credit hour. An official transcript must be submitted to the Board office.

4. An article or research which has been published may be submitted to the Board for consideration of up to one-half the biennium CEU requirement. This request, along with the publication must be presented to the Board office 30 days prior to licensure renewal anniversary date. Submissions after this date will not be considered. The article or research will be approved by the Board.

D. Failure to Comply

Licensees failing to comply with the CEU requirement will not receive licensure renewal.

XII. Amendments to these rules and regulations may be proposed by presenting the amendments in writing at any meeting of the Board. If the proposed amendment receives a majority vote of the Board, then the procedures for adoption outlined in the Administrative Procedures Act shall be followed.

(REVISIONS RECOMMENDED FOR ADOPTION - OCTOBER 9, 2001)

(10/11/2001)

The following state regulations pages link to this page.