PTBC California Law Exam, The Laws & Regulations Governing the Practice of Physical Therapy in California, *PTBC California Law Exam - The Physical Therapy Practice Act, Physical Therapy California Laws and Regulations, Physical Therapy Practice Act

Definition of PT

"art and science of physical or corrective rehab of any bodily or mental condition of any person by use of physical, chemical or other properties of heat, light, water, electricity...active, passive and resistive exercise and shall include PT evals, treatment planning, instruction and consultative services"

ARTICLE 1: Admin - Members of the Board

1 PT involved in PT education, 3 PT's with 5 years experience, 3 public members who aren't licentiates of the board or any other medical board (CA citizen, not school faculty)

ARTICLE 1: Admin - Terms

Appointed 4 years, exp. on June 1

1 public and 4 PT members appt'd by governor

Cannot serve more than 2 consecutive terms

ARTICLE 1: Admin - Meetings

1 regular meeting annually in Sacramento, LA or SF

ARTICLE 1 Admin - Members Duties

May inspect PT facilities

May review pt charts

Can suspend and revoke licenses (notice must be given

ARTICLE 2 General Provisions

The use of roentgen rays/radioactive materials or electricity for surgical purposes is not authorized

ARTICLE 2: General Provisions - Topical Medications

Can apply but CANNOT prescribe medications (require MD referral)

ARTICLE 2: General Provisions - Neuro Re-Ed

Can perform tissue penetration for evaluation neuro performance

Only if authorized by MD and PT has certification

ARTICLE 2: General Provisions - Misc

Pt's records are held for no less than 7 years following D/C

-Records of minors are held for 7 years or 1 year after minor turns 18

-PT cannot diagnose disease

-PT's cannot provide prognostic interpretation of data

ARTICLE 3: Licensing of Practitioners - PT Aide

-Observation, transport, physical support only during gait training/transfers

-Under direct, continuous and immediate PT supervision at all times

ARTICLE 3: Licensing - Applicants

Qualifications:

-Over 18 years old

-Not addicted to drugs/alcohol

-Completed schooling

-No crimes (constituting denial of license)

ARTICLE 3: Licensing - Applicants

Reciprocity Applicant (Foreign)

Issue license without written exam IF:

-licensed in another state deemed equal/higher than CA

-graduated PT Edu program

-files an app and meets requirements

-may need oral exam if issued only a certificate

-has PTLA

ARTICLE 3: Licensing - Graduate Practice

-PTLA in effect until regular, renewable license is issued or licensure denied by board

-Upon failure, PTLA cannot practice

PTLA good for 90 days

-PTLA is under direct and immediate supervision of PT

ARTICLE 4: Edu Standards

- School accredited by CAPTE of APTA

-Completed at least 18 weeks of full-time clinical experience w/ variety

-During internships, use "PT student"

ARTICLE 4: Edu Standars - Foreign schools

- if from foreign school, submit docs to prove equivalence, pass written exam, complete 9 months clinical service

- During those 9 mod, can work as PTLA

- Same req's apply to American student from non-accredited school

ARTICLE 4.5: PTA

1 PT: 2PTAs

-board may permit more if adequate supervision available BUT

- # of PTAs never exceeds 2X # of PTs

ARTICLE 4.5: PTA

-Same req's as PT, same reciprocity

- must take law exam

-VIOLATION OF FALSE IDENTITY IS A MISDEMEANOR

-Issued PTAA upon graduation to work (like PTLA)

ARTICLE 5: Suspension of License

Can suspend for 12 months for:

-Wrongful ads, fraud,impersonating a PT

-Negligence, verbal/sexual harassment/abuse

-Habitual intemperance (alcholism)

-Not following infection control guidelines

ARTICLE 5: Reinstatement

Person whose license has been revoked can petition for reinstatement after:

-Unprofessional contact: 3 years

-Early termination of prob: 2 years of prob

-Mental or physical illness: 1 years of prob

Petition must include 2 letters from PTs

Petition not considered while under sentence for criminal offense

ARTICLE 5.5: Diversion Program

Alcohol/drug rehab for PT/PTAs

-Diversion committee evaluates

-3 members

-Has previous experience in substance abuse edu

-Board considers appt'ing MD certified in psych

-Term is 4 years

ARTICLE 6 Offenses and Enforcement

Violations = misdemeanor: fine not exceeding $1000 or imprisonment in county jail <6 months or both

ARTICLE 7: FIscal Administration

Within 10 days of each calendar month, all reports go to state controller - accredited PT fund

-Any license or approval for PT shall expire at midnight on last day of birth month of licensee

ARTICLE 7: Fiscal Administration

-Renewal of license with form and fee

(at this time report any misdemeanor or crime)

-60 days notice of expiration of licensee

-App fee: no more than $75 (foreign PTs: $125)

-Initial licensing fee: no more than $150

-Renewal fee: No more than $150

ARTICLE 7: Fiscal Administration

-License Register: name of every licensee, place of residence, date and # of disciplinary action

-Deliquency fee = 50% of rental fee

-Electromyography cert fees

-$200 or $5000 for re-exam and re-cert

-If board increases fee, must get approval of legislature

ARTICLE 8: Physical Therapy Corp

-The name of the PT corp should have "physical therapy" or "physical therapist" in it

-Each shareholder/director/officer should be licensed PT (except secretary)

-Shareholder rendered disqualified - does not get profit

-Corp regulations should include bylaws of stock and adequate insurance coverage

CALIFORNIA CODE OF REGULATIONS

-each licensee must give residence change 30 days after move

-All PT aides/apps/students must wear name tag with 18 point font

-Licensee denied if fails to take exam within 1 year of original notice

-App deemed abandoned if applicant fails to pay initial licensee fee within 5 years of board notification

CALIFORNIA CODE OF REGULATIONS

Foreign applicants:

-submit quarterly reports 15 days after each 3 month clinical service

-Supervising PT must be in same facility

-CCCE and CI must be APTA certified

-3/9 mos of clinical service is waived if Law and Ethics course is taken

-1 month waived for each month of licensed clinical practice in another state up to required 9 mos

ARTICLE 3: Physical Therapy Schools

-"Student" termed during academic course work

-"Intern" termed after completed coursework

-PT student/intern docs signed by CI on SAME DAY

-Require on-site supervision

ARTICLE 4: Physical Therapy Assistant

-Supervising PT should be available in person/on phone at all times

-PT will periodically provide observation of pt care

-PT will evaluate, treatment/goals and reveal

-POC communicated verbally/in writing to PTA before PTA treats pt

ARTICLE 4: Physical Therapy Assistant

-Within 7 days of PTA care, PT shall review, cosign and date all documentation by PTA and conduct weekly case conference and document in record

-Within 7 days of D/C, PT documents it along with signature and patient's response to treatment

ARTICLE 4: Physical Therapy Assistant

Education Equivalents for PTA's:

-Military training in hospital and PTA course including min 550 hour of courses, 350 clinical experience

-Combo of training and 36 mos of full-time work experience in PT, 30 semester of instruction, 18 mos PT work

-60 months of full-time PT experience, 30 months experience in acute care

ARTICLE 5: PTA Schools

-PTA schools accredited by US Dept of EDU

-PTA student/intern supervised by PT, PTA can be CI of PTA student

-CI cosigns same day, plus weekly conferences with supervising PT

ARTICLE 6: PT Aides

-Aide signs for patient related tasks with PT cosign

-PT in same facility, providing continuous, direct and immediate supervision

-AIde cannot soley treat patient

ARTICLE 7: Practice by PTLA

-Same day cosign with immediate supervision

-Supervising PT documents receipt of PTLA and records expiration date

-All duties cease if PTLA fails exam

1

Physical Therapy Practice Act - Chapter 5.7, of division 2, of the Business and Professions Code

2

California Code of Regulations Title 16, Division 13.2 - Physical Therapy Regulation Code

3

Related Laws and Regulations - Business and Professions Code of California

4

California Constitution

5

Code of Civil Procedure

6

Corporations Code of California

7

Family Code Section

8

Government Code:

Penal Code

Welfare & Institution Code

The Physical Therapy Act Updates

Updated 1/1/2014

Passage of SB198:

Key provisions clarifying PT responsibility to manage patient care and added licensure renewal exemptions

Passage of AB1000:

Direct access to physical therapy care

Article 1

Administration & General Provisions (2600-2615)

Article 2

Scope of Regulation & Exemptions (2620-2634)

Article 3

Qualifications & Requirements for Licensure (2635-2639.1)

Article 4

Renewal of Licenses (2644-2649)

Article 5

Educational Standards (2650-2654)

Article 6

Enforcement (2660-2661.7)

Article 7

Substance Abuse Rehabilitation Program (2662-2669)

The Physical Therapy Act Article 1- Administration & General Provisions

Physical Therapy Board

2602.1 Priority of the Board

2603 Composition

2603.5 Qualification of public members

2604 Terms of membership

2605 Duties

2606 Compensation

2608 Power to suspend or revoke licenses

2611 Meeting and hearings

The Physical Therapy Act Article 2- Scope of Regulation and Exemptions

Defines Physical Therapy (2620)

Art & Science of physical or corrective rehabilitation

Directed to any bodily or mental condition

Use of physical agents, massage, exercise

Includes evaluation, planning, instruction and consulting as well a fitness/ wellness

Does not authorize diagnosis of disease

The Physical Therapy Act Article 2- Scope of Regulation and Exemptions cont.

Provision for Direct Access to PT (2620.1)

Any person can directly seek PT care

Must refer if beyond scope of practice fail to progress

Discloser of financial interest

Notify the patient's physician of treatment

Limited to 45 days and/or 12 visits

Patient must sign and date disclosure first

Continued care requires in-person exam

The Physical Therapy Act Article 2- Scope of Regulation and Exemptions cont. again

2620.3 Use of topical medications

2620.5 Standards for needle EMG

2620.7 Maintenance of patient records

2622 PT is responsible for managing all aspects of the care , includes limits on supervision of Aides & PTA's

2630 Title of physical therapist

2630.3 PTA limits and supervision

2630.4 PT Aide description & supervision

The Physical Therapy Act Article 2- Scope of Regulation and Exemptions cont. again again

2630.5 Exemptions from licensure requirements

2633 Restrictions on use of title "physical therapist" and use of "P.T."

Restriction on use of "Dr." by PT's

2633.5 Restrictions on use of PTA

2633.7 "Physical therapist student"

The Physical Therapy Act Article 3- Qualifications and Requirements for Licensure

2635 Qualification of license applicant

2636 Requirement for Licensure

- Completion of educational coursework

- Passing score on PT exam

- Passing score on CA state law exam

2636.5 Requirement for filing for reciprocity.

2638 Right to retake the exam if failed.

2639 PTLA status and limitation defined.

2639.1 Alternate path for PTA applicants

The Physical Therapy Act Article 4- Renewal of Licenses (2644 - 2649)

2644 - 45 License expiration & renewal

2646 Renewal of license, less than 5 year expired

2647 Renewal of license, after 5 years expired

2648 Exemptions from renewal fee

2649 Continued Competency

The Physical Therapy Act Article 5- Educational Standards

2650 Education requirements for PT and PTA

2651 Establishes the criteria of CAPTE as meeting the standards for the Board.

2652 Guidelines for foreign trained physical therapists seeking licensure

2653 Provision for unqualified, foreign trained license applicant to take PTA exam

The Physical Therapy Act Article 6- Enforcement

2660 Unprofessional Conduct defined

2660.1 Sexual activity limitations

2660.2 Disciplinary and options for unprofessional conduct.

2660.3 Public Letter of Reprimand

2660.4 Failure to provide records

2660.5 Registered sex offenders

2660.7 Subverting the Examination Process

2661 Guilty pleas, verdicts and No Contest

2661.5 Cost recovery

2661.6 Probation

2661.7 Appeals Process

The Physical Therapy Act Article 7- Substance Abuse Rehabilitation Program

2662 Program to rehabilitate PT and PTA's addicted to Alcohol or drugs. Goal to return the practitioner to practice in a manner that will not endanger the public health and safety.

2663 -6 Program establishment

2667-8 Confidentiality and cost recovery

2669 Not a defense before the Board

The Physical Therapy Act Article 8 - Offenses Against This Chapter

2670 Violation of any provision in this chapter is a misdemeanor

$1000 fine

6 months in jail

Both

2672 Injunctions

Restraining conduct by any County Superior court may be initiated by an application from the Medical Board, or 10 or more licensed PT's.

The Physical Therapy Act Article 9 - Fiscal Administration

2680 Records on licensees

2681 - 87 Physical Therapy Fund

2688 - 89 Fee assessment

The Physical Therapy Act Article 10 - Physical Therapy Corporations (2690 - 2696)

2692 Physical therapy corporations are bound by the same statutes and regulations that bind the person holding the license under this chapter.

2693 Naming of Physical Therapy Corporations

2694 Ownership of Physical Therapy Corporations

Physical Therapy Regulations California Code of Regulations (1398 - 1399.99)

1398.6 Filing of Addresses

1398.10 Advertising

1398.11 Identification tags requirements

1398.13 Patient Record requirements

1398.21.1 Failure to pass examination

1395.26.5 Clinical service requirements for foreign trained practitioners.

1398.37 Identification of students and interns

1398.44 Supervision of the PTA

1398.47 Equivalent training or experience: PTA

Physical Therapy Regulations California Code of Regulations (1398 - 1399.99) cont

1399 Requirements for use of Aides

1399.10 Supervision of PT license Applicants

1399.20 Substantial Relationship Criteria

1399.25 Administrative Citations

1399.35 Requirements for Professional Corps.

1399.50 Outline of Physical Therapist Fees

1399.60 EMG Certification defined

1399.75 -79 Topical Medication regulations

1399.90-99 Continued Competency

Related Laws & Regulations Highlights

Disclosure of "significant beneficial interest"

(B &P Code: 654.2)

Excessive prescribing or treatment (B&P Code:725)

Insurance fraud (B&P Code: 810)

Prominent display of license (B& P Code: 680 -680.5)

Penal Code Highlights

Report of injuries (Penal Code: section 11160)

Child Abuse and Neglect Reporting Act

(Penal Code 11164 - 11174.3)

Sexual Assault

Sexual exploitation

Neglect (Penal Code: section 11165.2)

Severe neglect

General neglect

Mandated Reporter (Penal Code: section 11165.7)

PART ONE

BUSINESS AND PROFESSIONS CODE

Article 1: Administration

Members of the Board

1) 1 PT involved in PT education,

2) 3 PTs with 5 years experience,

3) 3 public members who aren't licentiates of the board or any other medical board (CA citizen, not school faculty)

Priority of the Board

Protection of the public

Licensing, regulating and disciplinary roles

The mission of the Physical Therapy Board of California is to promote and protect the interests of the people of California by the effective and consistent administration and enforcement of the Physical Therapy Practice Act.

Terms of Serving on the Board

1) Appointed 4 years, exp. on June 1

2) 1 public and 4 PT members appt'd by governor

3) Senate Rules Committee and speaker of assembly each appoint 1 public

4) Members of the Board elect a president

5) Board may elect an executive officer to exercise the duties required

6) Board may appoint an commissioner on examination -who is suitable qualified but not a member of the Board but will be subject to the rules and regs and same fees

3) Cannot serve more than 2 consecutive terms

Qualifications of Public Members

- Be a citizen of CA.

- Shall not be an officer or faculty member of any college in PT education.

- Shall not be a licentiate of the Medical Board of CA

Meetings

1 regular meeting annually in Sacramento, LA or SF or from time to time till business is complete

Duties of the Members of the Board

1) May inspect PT facilities

2) May review patient charts

3) Can suspend and revoke licenses (notice must be given)

How is this Chapter cited?

This chapter may be cited as the Physical Therapy Practice Act

Public Employees

PT consultants under contract for the board are considered a public employee; or clerical or other employees necessary to carry out powers and duties of Board

Article 2

General Provisions

Definition of Physical Therapy

"art and science of physical or corrective rehab of any bodily or mental condition of any person by use of physical, chemical or other properties of heat, light, water, electricity...active, passive and resistive exercise and shall include PT evals, treatment planning, instruction and consultative services"

ARTICLE 2 General Provisions

- NOT ALLOWED:

- use of roentgen rays/radioactive materials for diagnostic or therapeutic purposes

- electricity for surgical purposes is authorized

- diagnosis of disease not under Physical Therapy

- can apply topical meds if comply with regs and administration act (conferred with Medical Board of California as to which ones and protocols; but NOT prescribe them

Neuromuscular evaluation

1) Can perform tissue penetration for evaluation neuro performance

2) Must have authorization from MD/surgeon

3) PT must be certified by the board

4) PT CANNOT develop or make diagnostic or prognostic interpretations of data obtained (violation of the Medical Practice Act)

Minimal Time that Patient Records must be kept for

7 years.

1) Patient records shall be kept for a period of no less than 7 years following the discharge of the patient

2) Records of unemancipated minors shall be kept at least 1 year after the minor has reached 18 years of age.

No less than 7 years in any case

Documentation

- evaluation, goals, treatment plan, summary of treatment

- any actual intervention given

- sign legibly

PTs cannot do what

1) PTs cannot diagnose disease

2) PTs cannot provide prognostic interpretation of data

3) PTs cannot prescribe medicines

4) Perform medicine, surgery or any other healing art

PT Aide

Duties & Regulations

PT may use 1 aide to assist in PT

1) Patient related - services directly to the patient, excluding non patient related tasks

2) Non patient related tasks :Observation of patient, transport, physical support only during gait training/transfers, housekeeping duties, clerical duties, and similar functions

- Under direct, continuous and immediate PT supervision at all time. Direction and order from PT

- no authority for aide to independently perform PT or a PT procedure

- must be same facility and in proximity to PT aide when performing patient related tasks.

- when patient related tasks are performed at some point in that day, PT must provide direct services to the pt for their condition, or to further evaluate and monitor patient progress and document in patient's record

Who is allowed to use "P.T."and "D.P.T."

1) Only a licensed PT can use the letters "P.T."

2) A licensed PT who has received a doctoral degree in PT may use "D.P.T."use unabbreviated qualification in speaking and writing after using Dr. but must specify it is in PT

3) Can use DPT, PhD or EdD as appropriate with approved doctoral degrees

4) WASC approval for doctoral degree for accreditation

PT Applicant Qualifications

1) Over 18 years old.

2) Successful education and training.

3) Not addicted to drugs/alcohol.

4) No crimes (constituting denial of license).

Examinations required before licensing

1) Laws & regulations to the practice of PT.

2) National Physical Therapy Examination

Requirements for Reciprocity Applicant

Requirements for being issued a license without a written examination

1) Licensed in another state, district or territory

2) Graduated PT Edu program deemed equal/higher than CA, passed NPTE or equivalent (and or met the requirements for foreign applicants if applicable)

3) Files an app and meets requirements

4) Application based on a license certificate from another state - May need oral exam and present file of past work to board

5) May perform as a PTLA while waiting for license (from receipt of application till license - only for 1 st time applicants)

Conditions of Graduate Practice as a PTLA

- Letter of authorization after completing approved course and applied to board for 1st time - will be able to be PTLA

PTLA in effect until regular, renewable license is issued or licensure denied by board.

- Upon failure or license denied by Board, licensee can no longer practice as a PTLA - only allowed to practice as PTLA once

- PTLA is under direct and immediate supervision of PT

- not considered a graduate till passed all training and clinical internships required for graduation

- if fail to take next succeeding exam, fails to pass or obtain a license - all priviledges of PTLA are lost

- if Computerized test - 90 days to do exam plus all above requirements and procedure.

Article 3

Education

- Shall be a graduate of a professional degree program of an accredited postsecondary institution or institutions approved by the board, and shall have completed a professional education including academic coursework and clinical internship (at least 18 weeks full time) in physical therapy.

What is a PT student's title during Clinical Internship

During internships, person shall be identified as "physical therapy student" or "physical therapy intern"

- as long as student matriculated in approved, accredited course from performing PT as part of their studies

Requirements for applying for license if foreign trained or not in an approved US program

1) If from a foreign school,

a) submit docs to prove equivalence, pass written exam (except if NPTE completed to satisfaction in another state),

complete 9 months clinical service (direct, supervision, evaluated) Can be waived.

b) During those 9 months, can work as PTLA

c) Same req's apply to American student from non-accredited school

d) If certificate under another state may oral and file of past work

e) If no educational equivalent- may be eligible PTA

Article 4.5 PT Assistant

Supervision of PTA

1) 1 PT: 2PTAs

2) Board may permit more if adequate supervision available if public health and safety served

3) # of PTAs never exceeds 2X # of PTs

4) Onsite & adequate supervision

PTA - Qualifications

1) Successfully pass examination

2) Completed appropriate education and training

3) Not addicted to drugs/alcohol.

4) No crimes (constituting denial of license).

Requirements for being issued a PTA license without a written examination

1) Licensed in another state deemed equal/higher than CA

2) Graduated PTA Edu program (CAPTE/APTA)

3) Files an app and meets requirements

4) First time applicant - qualify as PTAA

Violation of False Identity

e.g using PTA when not licensed-VIOLATION OF FALSE IDENTITY IS A MISDEMEANOR

- punishable by a fine not exceeding one thousand dollars ($1,000) or imprisonment in a county jail not exceeding six months, or by both.

Article 5 :

Suspension, Revocation and Reinstatement of License)

Cause for Suspension of License

Suspend for not more than 12 months, revoke, or impose probationary conditions upon any license, certificate, for unprofessional conduct

-Wrongful ads, fraud in obtaining a license, impersonating a PT

-conviction of violating this Act or Medical Practice Act or helping others to do so - or others to practice unlawful PT

- procuring or aiding or offering to aid and procure in criminal abortion.

-conviction of a crime that may effect role as a therapist (including fraudulent, dishonest, corrupt acts)

- Gross negligence, verbal/sexual harassment/abuse

-Habitual intemperance (alcoholism); addiction to drugs

-Not following infection control guidelines

Sexual activity

A patient, client, or customer of a licentiate is conclusively presumed to be incapable of giving free, full, and informed consent to any sexual activity which is a violation of Section 726.

Requirements for issuance of a probationary license to applicants

Board may refuse a license to any applicant guilty of unprofessional conduct or sexual activity referred to in Section 2660. A probationary license may be issued to any applicant for a license who is guilty of unprofessional conduct but has met all other requirements pending:

1) Medical or Psychiatric evaluation

2) Continuing medical or psychiatric treatment

3) Restriction of the type or circumstances of practice

4) Continuing Rehab program

5) Abstentation from alcohol or drugs

6) Random fluid testing

7) Compliance with laws and regs governing PT

Time of Notification for Issuance of Public Letter of Reprimand

30 days.

1) The board shall notify licensee to issue letter 30 days in advance.

2) Licensee should agree to letter 15 days in advance

3) If licensee does not agree to the letter the Board may proceed to formal accusation

Purpose and Disclosure of Public Letter of Reprimand

1) Used for only minor violations in place of filing prosecution or accusation

2) Disclosed to an inquiring member of the public

3) Posted on board's website and disclosed to an enquiring member of the public