Chapter 152
2003 -- S 0829 SUBSTITUTE A AS AMENDED
Enacted
07/10/03
AN ACT
RELATING TO BUSINESSES AND
PROFESSIONS -- PHYSICAL THERAPISTS
Introduced By: Senator Leo R. Blais
Date Introduced:
February 26, 2003
It is enacted by the General
Assembly as follows:
SECTION
1. Sections 5-40-1, 5-40-2, 5-40-3, 5-40-5, 5-40-6, 5-40-6.1, 5-40-7, 5-40-7.1,
5-40-11 and 5-40-13 of the General
Laws in Chapter 5-40 entitled "Physical Therapists" are
hereby amended to read as follows:
5-40-1.
Definitions. -- (a) "Administrator" means the
administrator of the division of
professional regulation.
(b)
(a) "Board" means the board of physical therapy established by
section 5-40-2.
(c)
(b) "Division" means the division of professional
regulation. “Department” means
the department of health.
(d)
(c) "Examination" means an examination approved by the board.
department in
consultation with the board.
(e)
(d) "License" means a license issued by the board department
to practice physical
therapy.
(f)
(e) "Physical therapist" means an individual who is licensed
by the board department
to practice physical therapy.
(g)
(f) "Physical therapist assistant" means an individual who is
licensed by the board to
assist in the practice of physical
therapy under the supervision of a physical therapist.
(h)
(g) (1) "Practice physical therapy" means the examination,
treatment, and instruction
of human beings to detect, assess, prevent,
correct, alleviate and limit physical disability, physical
dysfunction, and pain from injury,
disease and any other bodily conditions, and includes the
administration, interpretation, and
evaluation of tests and measurements of bodily functions and
structures; the planning,
administration, evaluation, and modification of treatment and instruction,
including the use of physical
measures, activities, and devices, for preventive and therapeutic
purposes; and the provision of consultative,
educational, and other advisory services for the
purpose of reducing the incidence
and severity of physical disability, physical dysfunction and
pain.
(2)
The practice of physical therapy does not include the practice of medicine as defined
in chapter 37 of this title.
(i)
(h) "Supervision" means that a licensed physical therapist isat
is at all times
responsible for supportive
personnel and students.
5-40-2.
Board of physical therapy -- Creation -- Composition. -- Within the
division
of professional regulation of the
department of health there is a board of physical therapy
consisting of five (5) seven
(7) members as provided by section 5-40-3.
5-40-3.
Board of physical therapy -- Composition -- Appointment, terms, oath and
removal of members. -- (a) In the month of June, 1983, and annually
thereafter, the director of
health with the approval of the
governor, appoints the appropriate number of persons to serve on
the board for terms of three (3)
years and until his or her successor has been appointed and
qualified. The board shall
consist of seven (7) members appointed by the director of the
department of health with the
approval of the governor. Four (4) members shall be licensed
physical therapists; one (1) member
shall be a licensed physical therapist assistant; one (1)
member shall be a physician
licensed to practice medicine in this state; and one (1) member shall
be a consumer.
(b)
No member shall serve for more than two (2) successive terms. The director of
health
may remove any member from the
board for neglect of any duty required by law or for any
incompetency, unprofessional or
dishonorable conduct. Vacancies created by voluntary
resignation or removal by the
director of health are filled in the same manner as the original
appointment is made for the
remainder of the term not exceeding the original two-term limitation.
(c)
Before beginning a term, each member of the board takes the oath prescribed by
law
for state officers which is filed
with the secretary of state.
5-40-5.
Board of physical therapy -- General powers. -- The board is authorized
to
recommend to the director of health
for his or her approval the adoption and revision of rules and
regulations not inconsistent with law,
that are necessary to enable it to carry into effect the
provisions of this chapter. The
board recommends for licensure only qualified applicants. The
board reviews applicants at least
twice a year. It determines The board recommends the tests
which applicants for licensure
take. The division of professional regulation department adopts
policies to be followed in the
examination, licensure, and renewal of license of duly qualified
applicants. The board conducts
hearings upon charges calling for the discipline of a licensee or
revocation of a license. The administrator
of professional regulation department has the power to
issue subpoenas and compel the
attendance of witnesses and administer oaths to persons giving
testimony at hearings. The board or
the director of health prosecutes all persons violating this
chapter and has the power to incur
necessary expenses of prosecution. The board keeps a record
of all of its proceedings. The
board may utilize other persons as necessary to carry on the work of
the board.
5-40-6.
Qualification of physical therapists. -- Any applicant for licensure
shall submit
to the board written evidence on
forms furnished by the division of professional regulation
department of health, verified by oath, that the applicant meets all of
the following requirements:
(1)
Is at least eighteen (18) years of age;
(2)
Is of good moral character;
(3)
Has graduated from a school of physical therapy approved by the board an
education
program in physical therapy
accredited by the Commission on Accreditation of Physical Therapy
Education (CAPTE) or other
accrediting agency as approved by the department in consultation
with the board, in the year of the applicant's graduation; and
(4)
Has passed to the satisfaction of the board an examination conducted by it
the
National Physical Therapy
Examination (NPTE) of the Federation of State Boards of Physical
Therapy (FSBPT) or other
physical therapy certification examination as approved by the
department in consultation with
the board to determine the
applicant's fitness to engage in the
practice of physical therapy.
5-40-6.1.
Qualifications of physical therapist assistants. -- (a) Any applicant
for
licensure shall submit to the board
written evidence on forms furnished by the division of
professional regulation department of health, verified by oath, that
the applicant meets all of the
following requirements:
(1)
Is at least eighteen (18) years of age;
(2)
Is of good moral character;
(3)
Has graduated from an accredited educational program leading to professional
qualification as a physical
therapist assistant and approved by the board; an educational program
in physical therapy accredited by
the Commission on Accreditation of Physical Therapy
Education (CAPTE) or other
accrediting agency as approved by the department in consultation
with the board, in the year of
said applicant’s graduation; and
(4)
Has passed to the satisfaction of the board an examination conducted or
approved by
it. the National Physical Therapy Examination (NPTE)
of the Federation of State Boards of
Physical Therapy (FSBPT) or
other physical therapy assistant certification examination as
approved by the department in
consultation with the board to determine the applicant’s fitness to
engage in the practice of
physical therapy.
(b) For a period of two (2) years from June 9, 1988, any applicant for
licensure who has
not graduated from an accredited
educational program pursuant to subsection (a)(3) shall
nonetheless be qualified as a
physical therapist assistant if the applicant:
(1) Meets the requirements of subsections (a)(1) and (a)(2);
(2) Has been practicing as a physical therapist assistant for at least two (2)
of the past ten
(10) years;
(3) Submits to the board the official "job description" under which
the applicant most
recently performed, attested to
by applicant's employer (administrator, personnel director or other
comparable person approved by
the board), and duly notarized by a notary public;
(4) Submits to the board two (2) letters of recommendation on a form furnished
by the
board. The letters of
recommendation must come from the applicant's supervising licensed
physical therapist and will be
considered only when completed in every aspect and the signature
is notarized by a notary public;
and
(5) Has passed to the satisfaction of the board an examination conducted or
approved by
the board, if requested by it.
5-40-7.
Licensing of physical therapists. -- (a) By Examination. - The
applicant is
required to pass with a grade
determined by the board, an examination approved by the
department in consultation with
the board; physical therapists
licensed under the provisions of
this chapter on August 31, 1982,
shall continue to be licensed.
(b)
Without Examination by Endorsement. - A license to practice physical therapy
may
be issued without examination to an
applicant who has been licensed by examination as a
physical therapist under the laws
of another state or territory or District of Columbia, if, in the
opinion of the board, the applicant
meets the qualifications required of physical therapists in this
state.
(c)
(1) Graduate Practice. - Every graduate of a board approved physical therapy
school
who has filed a physical therapy
application may, upon receiving a receipt permit from the
division of professional
regulation department of health,
perform as a physical therapist under the
supervision of a physical therapist
licensed in this state.
(2)
During this period, the applicant identifies him or herself only as a
"graduate physical
therapist".
(3)
If the applicant fails to take the next succeeding examination, as
specified in section
5-40-7(a), within ninety (90)
days from effective date of graduate status, without cause, or fails
to pass the examination and receive
a license, all privileges provided in (c)(1) and (2)
automatically cease.
(d)
(1) Foreign-Trained Applicants. - If the foreign-trained applicant has
successfully
met the requirements of the board
rules and regulations, the applicant's credentials will be
accepted by the board.
(2)
Prior to becoming licensed in this state, the foreign-trained applicant must
also meet
all of the appropriate requirements
described in this section or its equivalent as defined by the
board established in rules and regulations.
5-40-7.1.
Licensing of physical therapist assistants. -- (a) By Examination. -
The
applicant is required to pass with
a grade determined by the board an examination approved by
the department in consultation
with the board.
(b)
Without Examination by Endorsement. - A license may be issued without
examination to an applicant who has
been licensed by examination as a physical therapist
assistant under the laws of another
state or territory or District of Columbia, if, in the opinion of
the board, the applicant meets the qualifications
required of physical therapist assistants in this
state.
(c)
(1) Graduate Practice. - Every graduate of a board approved physical therapist
assistant educational program who
has filed a physical therapy application may, upon receiving a
receipt permit from the division of professional
regulation department of health, perform as a
physical therapist assistant under
the supervision of a physical therapist licensed in this state.
(2)
During this period, the applicant shall identify him or herself only as a
"graduate
physical therapist assistant."
(3)
If the applicant fails to take the next succeeding examination, as
specified in section
5-40-7(a), within ninety (90)
days from the effective date of graduate status, without cause or
fails to pass the examination and receives a license, all privileges provided in
(c)(1) and (2)
automatically cease.
(d)
(1) Foreign-Trained Applicants. - If the foreign-trained applicant has
successfully
met the requirements of the board
rules and regulations, the applicant's credentials will be
accepted by the board.
(2)
Prior to becoming licensed in this state, the foreign-trained applicant must
also meet
all of the appropriate requirements
described in this section or its equivalent as defined by the
board established in rules and regulations.
5-40-11.
Register of physical therapists -- Records -- Issuance of licenses. --
(a) The
administrator of professional
regulation department
maintains a register of all persons licensed
under this chapter which is open at
all reasonable times to public inspection and the administrator
department is the custodian of all records pertaining to the
licensure of physical therapists, or
physical therapist assistants.
(b)
The director of health issues licenses only upon the recommendation of the
board to
applicants who meet the
requirements of this act.
5-40-13.
Grounds for discipline of licensees. -- (a) The board has power to
deny,
revoke, or suspend any registration
license issued by the administrator of professional regulation
department or applied for in accordance with this chapter, or to
discipline a person licensed under
this chapter upon proof that the
person said person has engaged in unprofessional conduct
including, but not limited to:
(1) Is
guilty of fraud Fraud or deceit in procuring or attempting to
procure a registration
license or in the practice of
physical therapy;
(2)
Is habitually intemperate or is addicted to the use of habit forming drugs;
(3)
Is mentally and/or professionally incompetent;
(4) Has
willfully or repeatedly violated Has repeatedly violated any of the
provisions of
this chapter;
(5)
Is guilty of fraud or deceit in the practice of physical therapy;
(6)
(5) Providing services to a person who is making a claim as a result of
a personal
injury, who charges or collects
from the person any amount in excess of the reimbursement to the
physical therapist by the insurer
as a condition of providing or continuing to provide services or
treatment.;
(6)
Conviction, including, a plea of nolo contendere, of one (1) or more of the
offenses
listed in section 23-17-37;
(7)
Abandonment of a patient;
(8)
Promotion by a physical therapist or physical therapist assistant of the sale
of drugs,
devices, appliances, or goods or
services provided for a patient in a manner as to exploit the
patient for the financial gain
of the physical therapist or physical therapist assistant;
(9)
Making or filing false reports or records in the practice of physical therapy;
(10)
Repeated failure to file or record, or impede or obstruct a filing or
recording, or
inducing another person to fail
to file or record physical therapy reports;
(11)
Failure to furnish patient records upon proper request;
(12)
Practice as a physical therapist assistant without supervision by a physical
therapist
licensed in the state of Rhode
Island;
(13)
Incompetent or negligent misconduct in the practice of physical therapy;
(14)
Revocation, suspension, surrender, or limitation of privilege based on quality
of care
provided or disciplinary action
against a license to practice as a physical therapist or physical
therapist assistant in another
state, jurisdiction, or country;
(15)
Failure to furnish the board, administrator, investigator, or representatives
information legally requested by
the board;
(16)
Violation of this chapter or any of the rules and regulations or departure from
or
failure to conform to the
current standards of acceptable and prevailing practice and code of
ethics of physical therapy.
(b)
Whenever a patient seeks or receives treatment from a physical therapist
without
referral from a doctor of medicine,
osteopathy, dentistry, podiatry, or chiropractic the physical
therapist shall:
(1)
Disclose to the patient, in writing, the scope and limitations of the practice
of
physical therapy and obtain their
consent in writing; and
(2)
Refer the patient to a doctor of medicine, osteopathy, dentistry, podiatry, or
chiropractic within ninety (90)
days after the date treatment commenced; provided, that a physical
therapist is not required to make
this a referral after treatment is concluded;
(3)
No physical therapist who has less than one year clinical experience as a
physical
therapist shall commence treatment
on a patient without a referral from a doctor of medicine,
osteopathy, dentistry, podiatry, or
chiropractic.
SECTION
2. Chapter 5-40 of the General Laws entitled "Physical Therapists" is
hereby
amended by adding thereto the
following sections:
5-40-8.1.
Application fee for physical therapist assistants. – When an application
is
submitted to the department for
a license to practice physical therapy in Rhode Island pursuant to
this chapter, either by
endorsement or by examination, the applicant shall pay a fee of ninety-
three dollars and seventy-five
cents ($93.75) to the general treasurer, state of Rhode Island.
5-40-22.
Construction of references. – Whenever in chapter 5-40, physical
therapists,
the words “division of
professional regulation” or “administrator of professional regulation” shall
appear, the same shall be deemed
to refer to and mean the “department of health.”
SECTION 3. This act shall take effect on January 1,
2004.
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LC02158/SUB A
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