No. 42197 (Amendment): Rule R156-24b. Physical Therapy Practice Act Rule

(Amendment)

DAR File No.: 42197
Filed: 10/05/2017 01:38:17 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R156-24b-302b is amended to renumber certain citations to conform to statutory changes made by S.B. 248 passed in the 2017 General Session. Technical and conforming changes are also made to update the temporary licensure procedures in Section R156-24b-305, and the Trigger Point Dry Needling course completion timeline in Section R156-24b-505.

Summary of the rule or change:

In Section R156-24b-302b, the proposed amendments renumber certain citations to conform to statutory changes. In Subsection R156-24b-305(1)(a), the proposed amendment updates the application procedures for temporary licensure to reflect the current process of submitting a "Request for Authorization to Test". In Section R156-24b-505, the proposed amendment provides that the approved Trigger Point Dry Needling course and supervised treatment sessions must be completed no later than three calendar years from the start of the course.

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:

There is no anticipated cost or savings to the Division from any of the proposed amendments, over and above those already described in the Fiscal Note to S.B. 248 (2017). The Division will incur minimal costs of approximately $75 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:

There is not anticipated cost or savings to local governments from any of the proposed amendments. The changes will only affect physical therapists and physical therapist assistants applying for licensure in Utah. Local governments neither enforce nor are affected by the time frames and application process.

small businesses:

The proposed amendments to Sections R156-24b-302b, R156-24b-305, and R156-24b-505 will have no fiscal impact on small businesses because the updated provisions clarify existing practices.

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

The proposed amendments to Sections R156-24b-302b, R156-24b-305, and R156-24b-505 will have no fiscal impact on other persons because the updated provisions clarify existing practices.

Compliance costs for affected persons:

The proposed amendments to Sections R156-24b-302b, R156-24b-305, and R156-24b-505 will have no compliance costs to affected person because the updated provisions clarify existing practices.

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

The proposed amendments to Rule R156-24b accomplish the following: 1) renumber certain citations to conform to statutory changes; 2) update the application procedure for temporary licensure to reflect the current process of submitting a "Request for Authorization to Test"; and 3) provide a generous three calendar year period to complete the approved Trigger Point Dry Needling course and related supervised treatment sessions. The first two categories of amendment have no fiscal or non-fiscal impact. Providing for a three calendar year completion date for the Trigger Point Dry Needling course and related supervised treatment sessions has an indeterminately negligible fiscal impact and has no non-fiscal impact.

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:

• Jeff Busjahn at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

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:

12/01/2017

Interested persons may attend a public hearing regarding this rule:

• 11/16/2017 10:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464 (fourth floor), Salt Lake City, UT

This rule may become effective on:

12/08/2017

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-24b. Physical Therapy Practice Act Rule.

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

(1) In accordance with Subsections 58-24b-302(1)([e]d), (2)([e]d) and (3)([e]d), 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. A passing score on the FSBPT's National Physical Therapy Examination shall be verified through a score transfer from the FSBPT.

(2) 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]"Request for Authorization to Test" as a physical therapist or physical therapist assistant, and is authorized to sit for [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) 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.

 

R156-24b-505. Trigger Point Dry Needling - Education and Experience Required - Registration.

(1) A trigger point dry needling course approved by one of the following organizations meets the standards of Section 58-24b-505 if it includes the hours and treatment sessions specified in Section 58-24b-505:

(a) American Physical Therapy Association (APTA) or any of its sections or local chapters; or

(b) Federation of State Boards of Physical Therapy (FSBPT).

(2) In accordance with Subsection 58-24b-505(1)(e) and (2)(b), the approved course and supervised patient treatment sessions shall be completed no later than three calendar years from the start of the course.

 

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

Date of Enactment or Last Substantive Amendment: [ June 8, ]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)

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