Chapter 152

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.     

=======

LC02158/SUB A

=======