Subchapter C. PHYSICAL THERAPIST ASSISTANTS

§ 40.151. Purpose.

 This subchapter implements section 9.1 of the act (63 P. S. §  1309.1) which provides for the registration of physical therapist assistants.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Physical Therapy Practice Act (63 P. S. § §  1301—1313).

   Physical therapist assistant—A person who has been registered in accordance with the act and this subchapter and who provides patient-care services only in compliance with this chapter.

   Physical Therapist Assistant Registration Examination—An examination adopted by the Board and administered in accordance with section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3(a)). The term also includes an examination administered by another state, territory or the District of Columbia if it is the same examination adopted by the Board.

   The provisions of this §  40.153 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3872; amended May 14, 1993, effective May 15, 1993, and apply retroactively to fees for the March 1993 examinations, 23 Pa.B. 2333; amended December 30, 1994, effective December 31, 1994, 24 Pa.B. 6567; amended December 22, 1995, effective December 23, 1995, apply to examination fees charged on and after Septemer 1, 1995, 25 Pa.B. 5968; reserved January 26, 2001, effective January 27, 2001, 31 Pa.B. 537. Immediately preceding text appears at serial page (230669).

REGISTRATION

§ 40.161. Registration of physical therapist assistants; practice; exceptions.

 (a)  A person may not perform or hold himself out as being able to perform as a physical therapist assistant in this Commonwealth unless the person is registered by the Board under section 9.1 of the act (63 P. S. §  1309.1) and this subchapter or exempted under this section.

 (b)  A person or business entity may not use in connection with a business name or activity the words ‘‘physical therapist assistant,’’ the letters ‘‘P.T.A.’’ or similar words and related abbreviations to imply that physical therapist assistant services are being provided, unless the services are provided by a physical therapist assistant registered under the act and this subchapter.

 (c)  This subchapter does not prohibit physical therapist assistant students from assisting a physical therapist licensed to practice without restriction in this Commonwealth under the direct on-premises supervision of the physical therapist as is incidental to their course of study in a program which has been approved for the education and training for physical therapist assistants by the Commission on Accreditation in Physical Therapy Education (CAPTE).

 (d)  Physical therapist assistants shall identify themselves to patients as physical therapist assistants.

   The provisions of this §  40.161 amended under section 3(a) of the Physical Therapy Practice Act (63 P. S. §  1303(a)); and section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3a).

 (a)  The applicant shall submit evidence satisfactory to the Board, on forms supplied by the Board, that the applicant has met the following criteria. The applicant:

   (1)  Is at least 20 years of age, unless otherwise determined by the Board that the candidate has proved the capability to accept and handle the responsibilities appurtenant to registration.

   (2)  Is of good moral character.

   (3)  Is not addicted to the habitual use of alcohol, or narcotics or other habit-forming drugs.

   (4)  Has met the professional requirements for registration under §  40.163 (relating to requirements for registration).

 (b)  An applicant for a registration issued by the Board shall apprise the Board of the following:

   (1)  A license, certificate, registration or other authorization to practice a profession issued, denied or limited by another state, territory or possession of the United States, a branch of the Federal government or another country.

   (2)  Disciplinary action instituted against the applicant by a licensing authority of another state, territory or possession of the United States, a branch of the Federal government or another country.

   (3)  A finding or verdict of guilt, an admission of guilt or a plea of nolo contendere to a felony offense or an offense involving moral turpitude.

 (c)  The reporting responsibilities enumerated in subsection (b) continue after the Board issues a registration. If, after the Board has issued a registration, one or more of the events listed under subsection (b)(1) and (2) occur, the registrant shall report that matter to the Board in writing on the biennial reregistration application or within 90 days of its occurrence, whichever occurs sooner. The registrant shall report an event occurring under subsection (b)(3) within 30 days of occurrence.

 (a)  Under section 9.1(a) of the act (63 P. S. §  1309.1(a)), an applicant for registration by examination shall submit evidence of the following:

   (1)  Graduation from a physical therapist assistant program which has been approved for the education and training for physical therapist assistants by the Commission on Accreditation in Physical Therapy Education (CAPTE).

   (2)  A passing grade on the physical therapist assistant registration examination.

 (b) Under section 6(d.1) of the act (63 P. S. §  1306(d.1)), an applicant for reciprocal registration shall submit evidence of a valid license, certificate or registration as a physical therapist assistant issued by another state, territory or the District of Columbia, where the requirements for licensure, certification or registration were on the date of issuance substantially the same as those required by this Commonwealth, and which accords similar privileges to persons registered as physical therapist assistants in this Commonwealth.

   The provisions of this §  40.163 amended under section 3(a) of the Physical Therapy Practice Act (63 P. S. §  1303(a)); and section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3a).

   The provisions of this §  40.163 adopted July 24, 1992, effective April 28, 1993, 22 Pa.B. 3872; corrected October 9, 1992, 22 Pa.B. 5030; amended August 27, 2004, effective August 28, 2004, 34 Pa.B. 4697. Immediately preceding text appears at serial pages (274474) and (230671).

 (a)  Application procedure. An applicant applying for registration by examination shall take the physical therapist assistant registration examination. The applicant who is taking the examination within this Commonwealth shall comply with the following:

   (1)  The applicant shall complete application forms for admission to the examination obtained from the Board and return the completed form with a check or money order for the appropriate fee.

   (2)  The applicant shall present the required credentials of professional education at the time of application.

 (b)  Failure and reexamination. In the case of failure of examination, the following apply:

   (1)  After failing the first examination, the applicant has, after the expiration of 6 months and within 2 years of the date of the first failure, the privilege of a second examination upon the filing of a new application under subsection (a) and upon payment of the appropriate fee.

   (2)  After a second or successive failure to pass the examination, an applicant desiring to take a third or successive examination shall file a new application. The Board may require evidence of additional training prior to allowing a candidate to take a third or successive examination.

   (3)  The granting of permission to take a third or successive examination is subject to:

     (i)   Authorization by the Board at its discretion to include an oral or practical examination, or both, in connection with the written examination to further test the knowledge, skills and competence of the applicant.

     (ii)   The applicant otherwise qualifying under requirements in force at the time that permission to take the examination is sought.

   The provisions of this §  40.164 amended under section 3(a) of the Physical Therapy Practice Act (63 P. S. §  1303(a)); and section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3a).

   The provisions of this §  40.164 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3872; amended August 27, 2004, effective August 28, 2004, 34 Pa.B. 4697. Immediately preceeding text appears at serial pages (230671) to (230672).

SCOPE OF ACTIVITIES

§ 40.171. Functions of physical therapist assistants.

 (a)  A physical therapist assistant may perform only activities for which the physical therapist assistant has received formal education and training, including the following activities:

   (1)  Providing patient-care services as specified in the patient’s plan of care.

   (2)  Modifying treatment techniques as indicated in the patient’s plan of care.

   (3)  Responding to acute changes in the patient’s physiological state.

   (4)  Performing selected tests and measurements consistent with the physical therapist assistant’s formal education and training.

 (b)  Physical therapist assistants may not interpret referrals or tests, perform evaluation procedures, initiate treatment programs, assume responsibility for planning patient care or perform activities which require the formal education or training and the skill and knowledge of a licensed physical therapist.

 (c)  Patient care services performed by a physical therapist assistant under direct on-premises supervision of a physical therapist shall be on a basis of not more than two physical therapist assistants for a physical therapist.

   The provisions of this §  40.171 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3872; amended October 16, 1992, effective July 25, 1992, 22 Pa.B. 5163. Immediately preceding text appears at serial page (171286).

   This section cited in 49 Pa. Code §  40.52 (relating to unprofessional conduct; physical therapists); and 49 Pa. Code §  40.181 (relating to refusal, suspension or revocation of registration).

DISCIPLINE

§ 40.181. Refusal, suspension or revocation of registration.

 (a)  Under section 9.1(f) of the act (63 P. S. §  1309.1(f)), the Board may refuse, suspend or revoke the registration of a person who has:

   (1)  Performed physical therapist assistant functions outside the scope of activities under §  40.171 (relating to functions of physical therapist assistants).

   (2)  Attempted to obtain or obtained registration by fraud or misrepresentation.

   (3)  Committed an act of gross negligence, or gross incompetence or repeated acts of negligence or incompetence in the providing of physical therapist assistant services.

   (4)  Been convicted of a felony or of a misdemeanor which relates to the person’s suitability for registration as a physical therapist assistant in a Federal, state, territorial or foreign court of competent jurisdiction. Conviction as used in this paragraph includes a finding, or verdict of guilt, an admission of guilt or a plea of nolo contendere.

   (5)  Become addicted to alcohol or hallucinogenic, narcotic or other drugs which tend to impair judgment or coordination.

   (6)  Been found guilty of unprofessional conduct, which includes departure from or failure to conform to the minimal standards of acceptable and prevailing practice for physical therapist assistants in which proceeding actual injury to a patient need not be established.

   (7)  Been adjudged mentally incompetent by a court of competent jurisdiction.

   (8)  Had a certificate, license or registration to practice as a physical therapist assistant revoked, suspended or refused or otherwise been subjected to other disciplinary action taken by another state, territory or country or by the District of Columbia.

   (9)  Made misleading, deceptive, untrue or fraudulent representations in violation of the act or otherwise in the rendering of physical therapist assistant services.

 (b)  Actions taken by the Board regarding the refusal, suspension or revocation of a registration are taken subject to the right of notice, hearing and adjudication, and the right of appeal therefrom under 2 Pa.C.S. § §  501—508 and 701—704 (relating to the Administrative Agency Law).

   The provisions of this §  40.181 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3872.

   This section cited in 49 Pa. Code §  40.302 (relating to procedural matters); and 49 Pa. Code §  40.304 (relating to disciplinary action).

MAINTENANCE OF REGISTRATION

§ 40.191. Renewal of registration.

 (a)  A registration issued under this subchapter expires on December 31 of every even numbered year unless renewed for the next biennium.

 (b)  Biennial renewal forms and other forms and literature to be distributed by the Board will be forwarded to the last mailing address given to the Board by the registrant. The registrant shall notify the Board in writing within 10 days after making an address change.

 (c)  To retain the right to engage in practice, the registrant’s registration shall be renewed by the registrant in the manner prescribed by the Board, and the required fee shall be paid by the registrant prior to the expiration of the next biennium.

 (d)  When a registration is renewed beyond December 31 of an even numbered year, a penalty fee of $5 for each month or part of a month that the registrant has engaged in practice beyond the renewal date will be charged, in addition to the renewal fee.

 (e)  A registrant who does not intend to practice in this Commonwealth and who does not desire to renew the registration shall inform the Board in writing. Written confirmation of the Board’s receipt of the request and notice that the registration has been classified as inactive will be forwarded to the registrant.

 (f)  The registrant who either fails to pay the biennial renewal fee or who notifies the Board of the desire not to renew the registration will not be sent biennial renewal forms for the following biennial renewal periods unless the registrant requests the Board, in writing, to reactivate the registration.

 (g)  A registrant who is applying to return to active status is required to pay the current fees and submit a notarized affidavit stating the period of time during which the registrant was not engaged in practice in this Commonwealth.

 (h)  The applicant for registration renewal will not be assessed a fee or penalty for preceding biennial periods in which the applicant did not engage in practice in this Commonwealth.

 (i)  If other conditions of the act and this chapter have been met, active status will be restored upon payment of fees and penalties which have accrued.

 (j)  A registrant who has engaged in practice during a period in which the registrant was not registered may be subject to criminal prosecution under section 12 of the act (63 P. S. §  1312).

   The provisions of this §  40.191 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3872.