No. 33584 (Amendment): Rule R156-24b. Physical Therapy Practice Act Rule

(Amendment)

DAR File No.: 33584
Filed: 04/29/2010 08:32:14 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Physical Therapy Licensing Board reviewed the rule and determined that changes need to be made to modify the education requirement for foreign-educated applicants, update the continuing education requirements to be less restrictive and more reader friendly, and establish standards for continuing education documentation to be maintained by licensees.

Summary of the rule or change:

In Section R156-24b-103, statutory citation updated and capitalized "Division". In Section R156-24b-302a, proposed amendments add to the list of educational deficiencies that foreign-educated applicants for a physical therapist and physical therapist assistant licenses could correct with completing college level credits or by passing College Level Examination Program (CLEP). Section R156-24b-303b is entirely rewritten. In Subsection R156-24b-303b(1), the number of continuing education contact hours that a physical therapist is required to complete in ethics/law is being decreased from six to three because the Board, representatives of the Utah Physical Therapy Association and several individual therapists felt that six hours was too many in this area. A listing of examples of subjects to be covered in an ethics/law course is added. In Subsection R156-24b-303b(2), several modifications are made to the standards for acceptable continuing education. Limits are placed on the credit that licensees may receive for lecturing or instructing continuing education courses. A listing of acceptable course types is added. Limits on the number of continuing education contact hours in various course types are established. The list of acceptable providers of continuing education is extended to individual facilities and commercial continuing education providers. Information to be included in documentation that will verify completion of continuing education is established.

State statutory or constitutional authorization for this rule:

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

local governments:

The proposed amendments to the continuing education requirements have minimal savings impact on a small number of local government entities, such as school districts, that employ physical therapists and physical therapist assistants. This is because the proposed amendments allow individual facilities, such as a school district, to host their own continuing education courses for licensees without having to pay fees necessary to apply for sponsorship of a third party.

small businesses:

The proposed amendments to the continuing education requirements have minimal savings impact on small businesses because the change allows individual facilities to host their own continuing education courses without having to pay fees necessary to apply for sponsorship of a third party. This may result in limited savings for some physical therapy facilities.

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 in this filing could save physical therapists and physical therapist assistants money because they allow individual facilities to host their own continuing education courses. The courses offered in a facility would likely have minimal or no registration fees associated with the continuing education offering. This would save the licensees money that they would otherwise spend to travel to and register for continuing education courses. The Division is not able to determine an exact amount of savings due to a wide varying degree of different circumstance.

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 in this filing could save physical therapists and physical therapist assistants money because they allow individual facilities to host their own continuing education courses. The courses offered in a facility would likely have minimal or no registration fees associated with the continuing education offering. This would save the licensees money that they would otherwise spend to travel to and register for continuing education courses. The Division is not able to determine an exact amount of savings due to a wide varying degree of different circumstance.

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

This rule filing modifies the continuing education requirements (allowing facilities to host continuing education courses, reducing the number of hours required in ethics/law, clarifying continuing education credit for lectures and instruction, etc.); for foreign educated applicants, it expands the types of course deficiencies that may be corrected; and makes other technical amendments. No fiscal impact to businesses is anticipated, and the amendments may result in a cost savings for licensees as indicated in the rule summary.

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
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, 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:

06/14/2010

Interested persons may attend a public hearing regarding this rule:

• 06/01/2010 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

06/21/2010

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-24b. Physical Therapy Practice Act Rule.

R156-24b-103. Authority - Purpose.

This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1) (a) to enable the [d]Division to administer Title 58, Chapter 24b.

 

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 [the humanities, social sciences and liberal arts]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 [the humanities, social sciences and liberal arts]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.

 

R156-24b-303b. Continuing Education.

[(1) In accordance with Subsection 58-24b-303(2), there is hereby established a continuing education requirement for all individuals licensed under Title 58, Chapter 24b as a physical therapist and a physical therapist assistant.

(2) During each two year period commencing on June 1 of each odd numbered year:

(a) a physical therapist shall be required to complete not less than 40 hours of continuing education directly related to the licensee's professional practice of which a minimum of six hours must be completed in ethics/law;

(b) a physical therapist assistant shall be required to complete not less than 20 hours of continuing education directly related to the licensee's professional practice of which a minimum of three hours must be completed in ethics/law.

(3) The required number of hours of continuing education for an individual who first becomes licensed during the two year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.

(4) Continuing education under this section shall:

(a) be relevant to the licensee's professional practice;

(b) be prepared and presented by individuals who are qualified by education, training and experience to provide physical therapy continuing education; and

(c) have a method of verification of attendance and completion.

(5) Credit for professional education shall be recognized in accordance with the following:

(a) unlimited hours shall be recognized for continuing education completed in blocks of time of not less than 50 minutes in formally established classroom courses, seminars, conferences or training sessions which meet the criteria listed in Subsection (4) above and which are approved by, or under sponsorship of:

(i) the American Physical Therapy Association;

(ii) the Utah Physical Therapy Association;

(iii) accredited universities or colleges; or

(iv) professional associations, societies and organizations representing a licensed profession whose program objectives relate to the practice of physical therapy;

(b) a maximum of ten hours per two year period may be recognized for teaching in a college or university and teaching continuing education courses in the field of physical therapy;

(c) a maximum of six hours per two year period may be recognized for clinical reading or in-service directly related to physical therapy practice; and

(d) a maximum of 12 hours per two year period may be recognized for internet or distance learning courses that include an examination and issuance of a completion certificate.

(6) A licensee shall be responsible for maintaining competent records of continuing education for a period of four years after the close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain information with respect to continuing education to demonstrate it meets the requirements of this section.](1) Required Hours. In accordance with Subsection 58-24b-303(2), during each two year renewal cycle commencing on June 1 of each odd numbered year:

(a) A physical therapist shall be required to complete not fewer than 40 contact hours of continuing education of which a minimum of three contact hours must be completed in ethics/law.

(b) A physical therapist assistant shall be required to complete not fewer than 20 contact hours of continuing education of which a minimum of three contact hours must be completed in ethics/law.

(c) Examples of subjects to be covered in an ethics/law course for physical therapists and physical therapist assistants include one or more of the following:

(i) patient/physical therapist relationships;

(ii) confidentiality;

(iii) documentation;

(iv) charging and coding;

(v) compliance with state and/or federal laws that impact the practice of physical therapy; and

(vi) any subject addressed in the American Physical Therapy Association Code of Ethics or Guide for Professional Conduct.

(d) The required number of contact hours of continuing education for an individual who first becomes licensed during the two year renewal cycle shall be decreased in a pro-rata amount.

(e) The Division may defer or waive the continuing education requirements as provided in Section R156-1-308d.

(2) A continuing education course shall meet the following standards:

(a) Time. Each contact hour of continuing education course credit shall consist of not fewer than 50 minutes of education. Licensees shall only receive credit for lecturing or instructing the same course up to two times. Licensees shall receive one contact hour of continuing education for every two hours of time spent:

(i) lecturing or instructing a course;

(ii) in a post-professional doctorate or transitional doctorate program; or

(iii) in a post-professional clinical residency or fellowship approved by the American Physical Therapy Association.

(b) Course Content and Type. The course shall be presented in a competent, well organized, and sequential manner consistent with the stated purpose and objective of the course.

(i) The content of the course shall be relevant to the practice of physical therapy and shall be completed in the form of any of the following course types:

(A) department in-service;

(B) seminar;

(C) lecture;

(D) conference;

(E) training session;

(F) webinar;

(G) internet course;

(H) distance learning course;

(I) journal club;

(J) authoring of an article or textbook publication;

(K) poster platform presentation;

(L) specialty certification through the American Board of Physical Therapy Specialties;

(M) post-professional clinical residency or fellowship approved by the American Physical Therapy Association;

(N) post-professional doctorate from a CAPTE accredited program;

(O) lecturing or instructing a continuing education course; or

(P) study of a scholarly peer-reviewed journal article.

(ii) The following limits apply to the number of contact hours recognized in the following course types during a two year license renewal cycle:

(A) a maximum of 40 contact hours for initial specialty certification through the American Board of Physical Therapy Specialties (ABPTS);

(B) a maximum of 40 contact hours for hours spent in a post-professional doctorate or transitional doctorate CAPTE accredited program;

(C) a maximum of 40 contact hours for hours spent in a post-professional clinical residency or fellowship approved by the American Physical Therapy Association;

(D) a maximum of half of the number of contact hours required for renewal for lecturing or instructing in continuing education courses meeting these requirements;

(E) a maximum of half of the number of contact hours required for renewal for online or distance learning courses that include examination and issuance of a completion certificate;

(F) a maximum of 12 contact hours for authoring a published, peer-reviewed article;

(G) a maximum of 12 contact hours for authoring a textbook chapter;

(H) a maximum of ten contact hours for personal or group study of a scholarly peer-reviewed journal article;

(I) a maximum of six contact hours for authoring a non-peer reviewed article or abstract of published literature or book review; and

(J) a maximum of six contact hours for authoring a poster or platform presentation.

(c) Provider or Sponsor. The course shall be approved by, conducted by, or under the sponsorship of one of the following:

(i) a recognized accredited college or university;

(ii) a state or federal agency;

(iii) a professional association, organization, or facility involved in the practice of physical therapy; or

(iv) a commercial continuing education provider providing a course related to the practice of physical therapy.

(d) Objectives. The learning objectives of the course shall be clearly stated in course material.

(f) Faculty. The course shall be prepared and presented by individuals who are qualified by education, training, and experience.

(g) Documentation. Each licensee shall maintain adequate documentation as proof of compliance with this Section, such as a certificate of completion, school transcript, course description, or other course materials. The licensee shall retain this proof for a period of three years after the end of the renewal cycle for which the continuing education is due.

(i) At a minimum, the documentation shall contain the following:

(A) the date of the course;

(B) the name of the course provider;

(C) the name of the instructor;

(D) the course title;

(E) the number of contact hours of continuing education credit; and

(F) the course objectives.

(ii) If the course is self-directed, such as personal or group study or authoring of a scholarly peer-reviewed journal article, the documentation shall contain the following:

(A) the dates of study or research;

(B) the title of the article, textbook chapter, poster, or platform presentation;

(C) an abstract of the article, textbook chapter, poster, or platform presentation;

(D) the number of contact hours of continuing education credit; and

(E) the objectives of the self-study course.

(6) Extra Hours of Continuing Education. If a licensee completes more than the required number of contact hours of continuing education during the two-year renewal cycle specified in Subsection (1), up to ten contact hours of the excess may be carried over to the next two year renewal cycle. No education received prior to a license being granted may be carried forward to apply towards the continuing education required after the license is granted.

 

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

Date of Enactment or Last Substantive Amendment: [August 10, 2009]2010

Notice of Continuation: January 30, 2007

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

 

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