Subchapter C. PHYSICAL THERAPIST ASSISTANTS


GENERAL PROVISIONS

Sec.


40.151.    Purpose.
40.152.    Definitions.
40.153.    [Reserved].

CERTIFICATION


40.161.    Certification as physical therapist assistants; practice; exceptions.
40.162.    Application for certification.
40.163.    Requirements for certification.
40.164.    Physical therapist assistant certification examination.
40.165.    Authorization to provide services as a physical therapist assistant under indirect supervision.
40.166.    Temporary certificate to provide services as a physical therapist assistant.

SCOPE OF ACTIVITIES


40.171.    Functions of physical therapist assistants.
40.173.    Supervision of physical therapist assistant by licensed physical therapist.

DISCIPLINE


40.181.    Refusal, suspension or revocation of certification.

MAINTENANCE OF CERTIFICATION


40.191.    Renewal of certification.

CONTINUING EDUCATION


40.192.    Continuing education for certified physical therapist assistant.

Authority

   The provisions of this Subchapter C issued under sections 3(a), 6(d.1), 8(b), 9.1, 9.2 and 11(a)(6) of the Physical Therapy Practice Act (63 P. S. § §  1303(a), 1306(d.1), 1308(b), 1309.1, 1309.2 and 1311(a)(6)), unless otherwise noted.

GENERAL PROVISIONS


§ 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.

Source

   The provisions of this §  40.151 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3872.

§ 40.152. Definitions.

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

   APTA—The American Physical Therapy Association.

   Act—The Physical Therapy Practice Act (63 P.S. § §  1301—1313). CAPTE—The Commission on Accreditation in Physical Therapy Education.

   FSBPT—The Federation of State Boards of Physical Therapy.

   Indirect supervision—Supervision of a physical therapist assistant by a licensed physical therapist that is not direct on-premises supervision, as authorized under section 9.1(c) of the act (63 P.S. §  1309.1(c)) and this subchapter, including §  40.173 (relating to supervision of physical therapist assistant by licensed physical therapist).

   Physical therapist assistant—A person who has been certified in accordance with the act and this subchapter to provide services as a physical therapist assistant.

   Physical therapist assistant certification examination—An examination adopted by the Board and administered in accordance with section 812.1 of The Administrative Code of 1929 (71 P.S. §  279.3a). 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.

   Physical therapy independent private practice outpatient facility

     (i)   A practice owned and operated by a licensee under the act, or by a licensee under the act and a health care practitioner, licensed by the Commonwealth, as permitted by law.

     (ii)   The term does not include a practice owned or affiliated with a hospital or healthcare system.

Authority

   The provisions of this §  40.152 amended under 3(a), 4(a), 6, 7.2, 9.1 and 11(a) of the Physical Therapy Practice Act (63 P. S. § §  1303(a), 1304(a), 1306, 1307.2, 1309.2 and 1311(a)); and section 16 of the act of July 4, 2008 (P. L. 293, No. 38).

Source

   The provisions of this §  40.152 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3872; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652; amended May 18, 2018, effective May 19, 2018, 48 Pa.B. 2947. Immediately preceding text appears at serial page (384362).

§ 40.153. [Reserved].


Source

   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).

CERTIFICATION


§ 40.161. Certification as 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 certified 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 certified 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 CAPTE.

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

Authority

   The provisions of this §  40.161 amended under section 3(a), 4(a), 6, 7.2, 9.1 and 11(a) of the Physical Therapy Practice Act (63 P. S. § §  1303(a), 1304(a), 1306, 1307.2, 1309.1 and 1311(a)); section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3a); and section 16 of the act of July 4, 2008 (P. L. 293, No. 38).

Source

   The provisions of this §  40.161 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3872; amended August 27, 2004, effective August 28, 2004, 34 Pa.B. 4697; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652; amended May 18, 2018, effective May 19, 2018, 48 Pa.B. 2947. Immediately preceding text appears at serial page (364995).

Cross References

   This section cited in 49 Pa. Code §  40.165 (relating to authorization to provide services as a physical therapist assistant under indirect supervision); and 49 Pa. Code §  40.166 (relating to temporary certificate to provide services as a physical therapist assistant).

§ 40.162. Application for certification.

 (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 18 years of age, unless otherwise determined by the Board that the candidate has proved the capability to accept and handle the responsibilities appurtenant to certification.

   (2)  Is of good moral character.

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

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

 (b)  An applicant for certification 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 certification. If, after the Board has issued a certification, one or more events listed under subsection (b)(1) and (2) occur, the certified physical therapist assistant shall report that matter to the Board in writing on the biennial renewal application or within 90 days of its occurrence, whichever occurs sooner. The certified physical therapist assistant shall report an event occurring under subsection (b)(3) within 30 days of occurrence.

Authority

   The provisions of this §  40.162 amended under 3(a) of the Physical Therapy Practice Act (63 P. S. §  1303(a)); and section 16 of the act of July 4, 2008 (P. L. 293, No. 38).

Source

   The provisions of this §  40.162 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3872; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652. Immediately preceding text appears at serial pages (333457) to (333458).

Cross References

   This section cited in 49 Pa. Code §  40.165 (relating to authorization to provide services as a physical therapist assistant under indirect supervision); and 49 Pa. Code §  40.166 (relating to temporary certificate to provide services as a physical therapist assistant).

§ 40.163. Requirements for certification.

 (a)  Under section 9.1(a) of the act (63 P.S. §  1309.1(a)), an applicant for certification 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 of physical therapist assistants by CAPTE.

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

 (b)  Under section 6(d.1) of the act (63 P.S. §  1306(d.1)), an applicant for reciprocal certification 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 certified as physical therapist assistants in this Commonwealth.

Authority

   The provisions of this §  40.163 amended under section 3(a), 4(a), 6, 7.2, 9.1 and 11(a) of the Physical Therapy Practice Act (63 P. S. § §  1303(a), 1304(a), 1306, 1307.2, 1309.1 and 1311(a)); section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3a); and section 16 of the act of July 4, 2008 (P. L. 293, No. 38).

Source

   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; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652; amended May 18, 2018, effective May 19, 2018, 48 Pa.B. 2947. Immediately preceding text appears at serial pages (364996) to (364997).

Cross References

   This section cited in 49 Pa. Code §  40.162 (relating to application for certification); 49 Pa. Code §  40.165 (relating to authorization to provide services as a physical therapist assistant under indirect supervision); 49 Pa. Code §  40.166 (relating to temporary certificate to provide services as a physical therapist assistant); and 49 Pa. Code §  40.191 (relating to renewal of certification).

§ 40.164. Physical therapist assistant certification examination.

 (a)  Application procedure. An applicant applying for certification by examination shall take the physical therapist assistant certification examination. The applicant who is taking the examination in 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 re-examination. In the case of failure of examination, the following apply:

   (1)  After failing the first examination, the applicant has, after the expiration of 60 days and within 1 year of the date of the first failure, the privilege of a second examination upon the filing of a new application under subsection (a) and 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.

Authority

   The provisions of this §  40.164 amended under section 3(a), 4(a), 6, 7.2, 9.1 and 11(a) of the Physical Therapy Practice Act (63 P. S. § §  1303(a), 1304(a), 1306, 1307.2, 1309.1 and 1311(a)); section 812.1 of The Administrative Code of 1929 (71 P. S. §  279.3a); and section 16 of the act of July 4, 2008 (P. L. 293, No. 38).

Source

   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; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652; amended May 18, 2018, effective May 19, 2018, 48 Pa.B. 2947. Immediately preceeding text appears at serial pages (364997) to (364998).

Cross References

   This section cited in 49 Pa. Code §  40.165 (relating to authorization to provide services as a physical therapist assistant under indirect supervision); 49 Pa. Code §  40.166 (relating to temporary certificate to provide services as a physical therapist assistant); and 49 Pa. Code §  40.191 (relating to renewal of certification).

§ 40.165. Authorization to provide services as a physical therapist assistant under indirect supervision.

 (a)  An applicant for a certificate of authority to provide services as a physical therapist assistant under indirect supervision by a licensed physical therapist shall submit to the Board on forms supplied by the Board a completed application, including all necessary supporting documents, and pay the fee in §  40.5 (relating to fees) for initial application for certification to provide services under indirect supervision.

 (b)  Unless there are grounds to deny the application under §  40.181 (relating to refusal, suspension or revocation of certification), the Board will grant a certificate of authority as described in this section to an applicant who:

   (1)  Demonstrates that the applicant satisfies the requirements in § §  40.161—40.164.

   (2)  Demonstrates that the applicant satisfies the requirements of section 9.1(c)(4) of the act (63 P.S. §  1309.1(c)(4)) for certification to provide services as a physical therapist assistant under indirect supervision of a licensed physical therapist by either verifying that the applicant:

     (i)   Has at least 2,000 hours of experience providing patient-related acts and services while certified to do so under § §  40.161—40.164 and this section or predecessor registration or equivalent authorization in another jurisdiction under the supervision of one or more licensed physical therapists, as verified by those physical therapists.

     (ii)   Worked as a physical therapist assistant for at least 3 years between October 2, 2003, and October 2, 2008, the 5-year period immediately preceding the effective date of section 9.1(c)(4) of the act, and providing a detailed resume or other adequate documentation to corroborate the verification. Part-time work will be acceptable if it is at least equivalent to 3 years of full-time work.

Authority

   The provisions of this §  40.165 issued under 3(a) of the Physical Therapy Practice Act (63 P. S. §  1303(a)); and section 16 of the act of July 4, 2008 (P. L. 293, No. 38); amended under sections 3(a), 4(a), 6, 7.2, 9.1 and 11(a) of the Physical Therapy Practice Act (63 P.S. § §  1303(a), 1304(a), 1306, 1307.2, 1309.1 and 1311(a)).

Source

   The provisions of this §  40.165 adopted December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652; amended May 18, 2018, effective May 19, 2018, 48 Pa.B. 2947. Immediately preceding text appears at serial pages (364998) to (364999).

Cross References

   This section cited in 49 Pa. Code §  40.166 (relating to temporary certificate to provide services as a physical therapist assistant); 49 Pa. Code §  40.173 (relating to supervision of physical therapist assistant by licensed physical therapist); and 49 Pa. Code §  40.181 (relating to refusal, suspension or revocation of certification).

§ 40.166. Temporary certificate to provide services as a physical therapist assistant.

 (a)  An applicant for a temporary certificate to provide services as a physical therapist assistant under section 9.1(a.1) of the act (63 P. S. §  1309.1(a.1)) shall apply to the Board on forms provided by the Board including all necessary supporting documents and pay the fee in §  40.5 (relating to fees) for application for temporary certificate to provide services as a physical therapist assistant.

 (b)  Unless there are grounds to deny the application under §  40.181 (relating to refusal, suspension or revocation of certification), the Board will grant a temporary certificate as described in this section to an applicant who:

   (1)  Demonstrates that the applicant satisfies the requirements of § §  40.161—40.164 except the certification examination requirement in §  40.163(a)(2) (relating to requirements for certification).

   (2)  Has applied for certification to provide services as a physical therapist assistant in accordance with § §  40.161—40.164 or §  40.165.

   (3)  Has not previously sat for the certification examination.

   (4)  Has not previously received a temporary certificate under this section.

 (c)  The Board may rescind a temporary certificate issued under this section if the Board determines that the certificate was issued based upon fraudulent information, such as the applicant’s identity or educational, criminal, or professional or occupational licensure record.

 (d)  A temporary certificate issued under this section will expire upon the earlier of failing the certification examination or 6 months after issuance. A temporary certificate issued under this section will become void upon issuance of a certificate to provide services as a physical therapist assistant under § §  40.161—40.165.

 (e)  A temporary certificate may not be renewed or extended beyond its expiration. The holder of a temporary certificate shall return the certificate to the Board within 10 days after its expiration.

 (f)  The holder of a temporary certificate may provide services as a physical therapist assistant only under the direct on-premises supervision of a licensed physical therapist.

Authority

   The provisions of this §  40.166 issued under 3(a) of the Physical Therapy Practice Act (63 P. S. §  1303(a)); and section 16 of the act of July 4, 2008 (P. L. 293, No. 38).

Source

   The provisions of this §  40.166 adopted December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652.

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 the supervision of a licensed physical therapist shall be on the basis of not more than three physical therapist assistants for a licensed physical therapist.

 (d)  The initial patient contact shall be made by a licensed physical therapist for evaluation of the patient and establishment of a plan of care.

Authority

   The provisions of this §  40.171 amended under 3(a) of the Physical Therapy Practice Act (63 P. S. §  1303(a)); and section 16 of the act of July 4, 2008 (P. L. 293, No. 38).

Source

   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; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652. Immediately preceding text appears at serial page (333460).

Cross References

   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 certification).

§ 40.173. Supervision of physical therapist assistant by licensed physical therapist.

 (a)  General rule. A physical therapist assistant may provide patient care services only under the supervision of a licensed physical therapist. Except as otherwise provided in the act or this subchapter, a physical therapist assistant may provide patient care services only under the direct on-premises supervision of a licensed physical therapist.

 (b)  Supervision generally. The required level of supervision depends upon the following factors:

   (1)  The performance of selected acts and services by the physical therapist assistant is the responsibility of the licensed physical therapist at all times.

   (2)  Supervision shall be based upon the following:

     (i)   The complexity and acuity of the patient’s needs.

     (ii)   The proximity and accessibility of the licensed physical therapist to the certified physical therapist assistant.

     (iii)   The amount of supervision available in the event of an emergency or critical event.

     (iv)   The type of practice setting in which the service is provided.

   (3)  The supervising licensed physical therapist may determine and require that the physical therapist assistant provide services under greater supervision than would otherwise appear to be required under section 9.1(c)(3) of the act (63 P. S. §  1309.1(c)(3)) or this section, including requiring that the physical therapist assistant provide services under direct on-premises supervision.

 (c)  Practice setting. A physical therapist assistant holding a current certificate of authority to provide services under indirect supervision may do so in accordance with this section and section 9.1(c) of the act.

   (1)  When care is delivered to an individual in an acute care hospital, acute inpatient rehabilitation center, long-term acute care hospital setting or as otherwise required by Federal or State law or regulation, the physical therapist assistant shall be under the direct on-premises supervision of a licensed physical therapist.

   (2)  When care is provided to an individual in a preschool, primary school, secondary school or other similar educational setting, a licensed physical therapist shall make an onsite visit and examine the patient at least every four patient visits or every 30 days, whichever occurs first.

   (3)  When care is provided to an individual in an early intervention setting, a licensed physical therapist shall make an onsite visit and examine the patient at least every four patient visits or every 30 days, whichever occurs first.

   (4)  When care is provided to a patient in a physical therapy independent private practice outpatient facility, a licensed physical therapist shall provide direct on-premises supervision for a physical therapist assistant for at least 50% of the hours worked by the physical therapist assistant during the calendar week unless otherwise required under Federal law. The physical therapist shall be immediately available by telecommunication when not providing direct on-premises supervision.

   (5)  When care is provided to a patient in an outpatient facility of a practice owned or affiliated with a hospital or healthcare system, a licensed physical therapist shall provide direct on-premises supervision for a physical therapist assistant for at least 50% of the hours worked by the physical therapist assistant during the calendar week unless otherwise required under Federal law. The physical therapist shall be immediately available by telecommunication if not providing direct on-premises supervision.

   (6)  For home health care, a licensed physical therapist shall make an onsite visit and actively participate in the treatment of the patient at least every seven patient visits or every 14 days, whichever occurs first. For purposes of this paragraph, active participation includes examination of the patient. Multiple visits on a single date constitute only a single patient visit in determining whether the licensed physical therapist is required to make an onsite visit.

   (7)  For care provided in a long-term care nursing facility, skilled nursing facility or extended care facility, a licensed physical therapist shall make an onsite visit and actively participate in the treatment of the patient at least every seven patient visits or every 14 days, whichever occurs first. For purposes of this paragraph, active participation includes examination of the patient. Multiple visits on a single date constitute only a single patient visit in determining whether the licensed physical therapist is required to make an onsite visit.

 (d)  Emergency situations. The emergency situation provisions of section 9.1(i) of the act apply only to those current certified physical therapist assistants who are authorized by the Board under section 9.1(c)(4) of the act and §  40.165 (relating to authorization to provide services as a physical therapist assistant under indirect supervision) to provide services under supervision of a licensed physical therapist other than direct on-premises supervision.

Authority

   The provisions of this §  40.173 issued under 3(a) of the Physical Therapy Practice Act (63 P. S. §  1303(a)); and section 16 of the act of July 4, 2008 (P. L. 293, No. 38).

Source

   The provisions of this §  40.173 adopted December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652.

Cross References

   This section cited in 49 Pa. Code §  40.152 (relating to definitions); and 49 Pa. Code §  40.181 (relating to refusal, suspension or revocation of certification).

DISCIPLINE


§ 40.181. Refusal, suspension or revocation of certification.

 (a)  Under section 9.1(f) of the act (63 P.S. §  1309.1(f)), the Board may refuse, suspend or revoke the certification 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, country or 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.

   (10)  Provided services as a physical therapist assistant under indirect supervision without having a current certificate of authorization to practice under indirect supervision issued under §  40.165 (relating to authorization to provide services as a physical therapist assistant under indirect supervision).

   (11)  Provided services as a physical therapist assistant under indirect supervision other than as authorized by section 9.1(c) of the act and §  40.173 (relating to supervision of physical therapist assistant by licensed physical therapist).

   (12)  Harassed, abused or intimidated a patient.

   (13)  Revealed information obtained as a result of the therapist-patient relationship to a third party who is not involved in the patient’s care, without the prior written consent of the patient, except as authorized or required by statute.

   (14)  Violated a provision of the act or this chapter that establishes a standard of conduct.

 (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 Administrative Agency Law).

Authority

   The provisions of this §  40.181 amended under 3(a), 4(a), 6, 7.2, 9.1 and 11(a) of the Physical Therapy Practice Act (63 P. S. § §  1303(a), 1304(a), 1306, 1307.2, 1309.1 and 1311(a)); and section 16 of the act of July 4, 2008 (P. L. 293, No. 38).

Source

   The provisions of this §  40.181 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3872; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652; amended May 18, 2018, effective May 19, 2018, 48 Pa.B. 2947. Immediately preceding text appears at serial pages (365002) to (365003).

Cross References

   This section cited in 49 Pa. Code §  40.165 (relating to authorization to provide services as a physical therapist assistant under indirect supervision); 49 Pa. Code §  40.166 (relating to temporary certificate to provide services as a physical therapist assistant); 49 Pa. Code §  40.191 (relating to renewal of certification); 49 Pa. Code §  40.192 (relating to continuing education for certified physical therapist assistant); 49 Pa. Code §  40.302 (relating to procedural matters); and 49 Pa. Code §  40.304 (relating to disciplinary action).

MAINTENANCE OF CERTIFICATION


§ 40.191. Renewal of certification.

 (a)  A certification 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 certified physical therapist assistant. The certified physical therapist assistant shall notify the Board in writing within 10 days after making an address change. Failure of the Board to send or of the certified physical therapist assistant to receive a biennial renewal application does not relieve the certified physical therapist assistant of the biennial renewal responsibility.

 (c)  To retain the right to provide services as a physical therapist assistant, the certified physical therapist assistant’s certification shall be renewed by the certified physical therapist assistant in the manner prescribed by the Board, and the required fee shall be paid by the certified physical therapist assistant prior to the expiration of the next biennium. A certified physical therapist assistant applying for biennial certificate renewal shall:

   (1)  Complete and submit the renewal application, including payment of the biennial renewal fee in §  40.5 (relating to fees) for application for biennial renewal of physical therapist assistant certificate.

   (2)  Disclose any license, certificate, registration or other authorization to provide services as a physical therapist assistant in another state, territory, possession or country.

   (3)  Disclose any disciplinary action pending before the appropriate healthcare licensing authority in any other jurisdiction or taken since the most recent application for renewal, whether or not licensed, registered or certified to practice in that other jurisdiction.

   (4)  Disclose any pending criminal charges and any finding or verdict of guilt, admission of guilt, plea of nolo contendere or other criminal conviction since the most recent application for renewal.

   (5)  Verify that the certified physical therapist assistant has complied with the continuing education requirements mandated by section 9.1(j) of the act (63 P. S. §  1309.1(j)) during the biennial period immediately preceding the period for which renewal is sought in accordance with §  40.192 (relating to continuing education for certified physical therapist assistant). The Board will not renew a physical therapist assistant certification if the certified physical therapist assistant has not completed the continuing education required under section 9.1(j) of the act during the biennial period immediately preceding the period for which renewal is sought.

 (d)  When a certification is renewed beyond December 31 of an even-numbered year, a late fee of $5 for each month or part of a month that the certified physical therapist assistant has provided services as a physical therapist assistant beyond the renewal date will be charged, in addition to the renewal fee. Payment of a late fee does not preclude the Board from taking disciplinary action for providing services as a physical therapist assistant without a current certification.

 (e)  A certified physical therapist assistant who does not intend to provide services as a physical therapist assistant in this Commonwealth and who does not desire to renew the certification shall inform the Board in writing. Written confirmation of the Board’s receipt of the request and notice that the certification has been classified as inactive will be forwarded to the certified physical therapist assistant.

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

 (g)  To reactivate an inactive certification, the certified physical therapist assistant shall apply on forms supplied by the Board and answer all questions fully. The certified physical therapist assistant shall:

   (1)  Include the documentation required under §  40.192(b) for the immediately preceding biennium, which may be completed during the current biennium. Unless waived by the Board under §  40.192(a)(4), the Board will not reactivate a certificate until the required continuing education for the preceding biennium has been successfully completed.

   (2)  Pay the current renewal fee and the reactivation application fee in §  40.5.

   (3)  Verify that the certified physical therapist assistant did not provide services as a physical therapist assistant in this Commonwealth while the certification was inactive.

 (h)  A certified physical therapist assistant who does not make the verification of subsection (g)(3) shall also pay prior biennial renewal fees and late fees as required under this subsection. Unless previously paid, the certified physical therapist assistant shall pay the renewal fee for each biennial renewal period after the certificate became inactive and during which the certified physical therapist assistant provided services as a physical therapist assistant in this Commonwealth. The certified physical therapist assistant shall also pay a late fee of $5 per month or part of month from the first date the certified physical therapist assistant provided services as a physical therapist assistant in this Commonwealth after the certificate became inactive until the date the certified physical therapist assistant files a fully-completed reactivation application. The applicant for certification reactivation will not be assessed a fee or penalty for preceding biennial periods in which the applicant did not provide services as a physical therapist assistant in this Commonwealth. Payment of a late fee does not preclude the Board from taking disciplinary action for providing services as a physical therapist assistant without a current certification.

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

 (j)  A certified physical therapist assistant who has not renewed the certification may not provide services as a physical therapist assistant in this Commonwealth until the certification has been renewed or reactivated. A certified physical therapist assistant who provides services as a physical therapist assistant in this Commonwealth after the certification has expired and before it has been renewed or reactivated is subject to disciplinary action under section 9.1(d) and (f) of the act, as set forth in §  40.181(a)(6) (relating to refusal, suspension or revocation of certification). A certified physical therapist assistant who has provided services as a physical therapist assistant during a period in which the certified physical therapist assistant’s certification was not active may be subject to criminal prosecution under section 12 of the act (63 P. S. §  1312).

 (k)  In addition to the other requirements of this section, a certified physical therapist assistant whose certification has been inactive for 5 years or more shall demonstrate current competence to provide services as a physical therapist assistant by one or both of the following:

   (1)  Successful completion of the certification examination required under §  40.164 (relating to physical therapist assistant certification examination).

   (2)  Satisfaction of the requirements of §  40.163(b) (relating to requirements for certification) and proof of licensed or certified provision of services as a physical therapist assistant in one or more other jurisdictions of the United States or Canada for at least 36 months of the 5 years immediately preceding application for reactivation.

Authority

   The provisions of this §  40.191 amended under 3(a) of the Physical Therapy Practice Act (63 P. S. §  1303(a)); and section 16 of the act of July 4, 2008 (P. L. 293, No. 38).

Source

   The provisions of this §  40.191 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3872; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652. Immediately preceding text appears at serial pages (333461) to (333462).

Cross References

   This section cited in 49 Pa. Code §  40.192 (relating to continuing education for certified physical therapist assistant); and 49 Pa. Code §  43b.26 (relating to schedule of civil penalties—physical therapists and physical therapist assistants).

CONTINUING EDUCATION


§ 40.192. Continuing education for certified physical therapist assistant.

 (a)  Contact hour requirements. Beginning with the January 1, 2013—December 31, 2014 biennial renewal period, a certified physical therapist assistant shall satisfy the following continuing education requirements.

   (1)  During each biennial renewal period, a certified physical therapist assistant shall complete qualifying continuing education equal to at least 30 contact hours of continuing physical therapy education, including at least 4 contact hours in identifying and responding to emergency health conditions and at least 2 contact hours in law or ethics applicable to the practice of physical therapy.

   (2)  Except as permitted in §  40.191(g)(1) (relating to renewal of certification), paragraph (4) or as directed by the Board, continuing education may satisfy the requirement of paragraph (1) only for the biennium during which it was completed. A contact hour of continuing education may not be used to satisfy the requirement of paragraph (1) for more than 1 biennium.

   (3)  Unless otherwise excused by the act or this subchapter, failure to complete the minimum required amount of continuing education during the applicable renewal period as required under section 9.1(j) of the act (63 P. S. §  1309.1(j)) and this section will subject the certified physical therapist assistant to disciplinary action under section 9.1(f) of the act as provided in §  40.181(6) (relating to refusal, suspension or revocation of certification).

   (4)  The Board may, in individual cases involving physical disability or illness, or undue hardship, grant a waiver of the continuing education requirements or grant an extension of time to complete the requirements. A waiver or extension of time will not be granted unless a written request is submitted by or on behalf of the certified physical therapist assistant. In case of physical disability or illness, the request must include supporting documentation provided by a physician licensed in this Commonwealth or another state or territory of the United States or the District of Columbia and whose license is in good standing. The necessary documentation must be received by the Board no later than 90 days preceding the biennial renewal. If the physical disability or illness or undue hardship for which the waiver has been granted continues beyond the period of the waiver, the certified physical therapist assistant shall reapply for an extension of the waiver. The Board may, as a condition of a waiver granted, require the certified physical therapist assistant to make up all or part of the continuing education involved.

   (5)  A certified physical therapist assistant is not required to complete continuing education during the biennial renewal cycle in which the certified physical therapist assistant was first certified.

 (b)  Reporting completion of continuing education. Continuing education shall be reported and documented in the following manner.

   (1)  In general, proof of completion of a course or program of continuing education must consist of a certificate of completion or other documentation issued by the course or program provider, including:

     (i)   The name of the participant.

     (ii)   The name of the provider.

     (iii)   The date or dates of the course or program.

     (iv)   The name and any Board issued approval number of the course or program.

     (v)   The number of contact hours of continuing education or academic credit.

   (2)  A certified physical therapist assistant shall retain proof of completion of continuing education for 5 years after completion of the continuing education or after the completion of the renewal period during which the continuing education was required or applied, whichever is later.

   (3)  The Board will audit certified physical therapist assistants to verify compliance with continuing education requirements. A certified physical therapist assistant shall fully respond to an audit notice within 30 days or other time period allowed in the notice.

 (c)  Credit for approved continuing education. Credit for continuing education will be determined in accordance with the following.

   (1)  Credit for continuing education will be granted only for courses or programs offered by providers preapproved under subsection (d)(1) or approved by the Board under subsection (d)(2) or for authoring publications as authorized under subsection (e).

   (2)  Unless limited by this section, continuing education credit may be earned in a course or program or by authoring a publication relating to any of the following:

     (i)   Subject matter falling within the definition of ‘‘physical therapy’’ in section 2 of the act (63 P. S. §  1302).

     (ii)   Law or ethics applicable to the practice of physical therapy.

     (iii)   Subject matter that otherwise keeps the certified physical therapist assistant apprised of advancements and new developments in the practice of the profession of physical therapy.

   (3)  Continuing education credit may not be earned in a course in office management or practice building.

   (4)  A certified physical therapist assistant may not receive credit more than once in a given renewal period for repetition of courses or programs with substantially similar content and objectives.

   (5)  A certified physical therapist assistant teaching a course or conducting a program of continuing education may receive the same credit that a certified physical therapist assistant attending the course or program would receive and may also receive credit for time spent in preparation. Credit for time spent in preparation may not exceed the credit available for a certified physical therapist assistant attending the course or program.

   (6)  If a course or program extends beyond a single biennial renewal period, credit will be awarded in the period in which the course or program is finally completed.

 (d)  Approval of continuing education courses. Continuing education courses or programs may be approved in accordance with this subsection.

   (1)  Provided that the course or program otherwise meets the requirements in subsection (c)(2) and the course or program provider issues to each attending certified physical therapist assistant a certificate of completion record in accordance with subsection (b)(1), a course or program of continuing education from a provider preapproved under this paragraph is approved by the Board.

     (i)   The following providers are preapproved:

       (A)   APTA or its components.

       (B)   FSBPT and its jurisdictions.

       (C)   A physical therapist or physical therapist assistant educational program accredited by CAPTE.

       (D)   The American Heart Association and the American Red Cross and their component organizations, only for purposes of providing continuing education in identifying and responding to emergency health conditions as required under subsection (a)(1).

       (E)   Any provider whose course or program is certified by FSBPT’s ProCert, approved by FSBPT or its jurisdictions, or approved by APTA or its components, for those courses or programs so certified or approved.

     (ii)   Any other provider seeking preapproved provider status shall:

       (A)   Apply to the Board on forms supplied by the Board.

       (B)   Pay the required fee.

       (C)   Demonstrate that the provider is competent to provide continuing education to physical therapist assistants without direct review by the Board.

     (iii)   The Board may terminate its prior approval of a course or program of continuing education when the applicant made one or more false or misleading material statements on the application. The Board may also terminate in part or in whole its prior approval of a course or program when it is later determined that the Board has grounds to deny approval in accordance with this section. Termination of approval will not forfeit credit for a course or program completed prior to termination of approval.

     (iv)   The Board will maintain a list of preapproved providers and make the list publicly available.

   (2)  A continuing education course or program offered by a provider not preapproved under paragraph (1) may be approved as provided in this paragraph.

     (i)   The provider shall apply at least 60 days prior to the date the continuing education course or program is scheduled to take place on forms provided by the Board and fully provide the information required on the application forms for the Board to fulfill its duties under this section. The application shall be submitted to the Board with payment of the fee as required under §  40.5 (related to fees).

     (ii)   The provider shall apply for approval of each course or program of continuing education, which may include multiple presentations of the course or program at one or more locations. Unless approved by the Board, a significant change in content or use of an instructor or instructors other than those described in the application for approval is a separate course or program for which Board approval is required.

     (iii)   The Board may deny approval of a course or program of continuing education when the provider has previously failed or is not currently able to comply with the provider responsibilities of paragraph (3) or the course or program does not qualify under subsection (c)(1). The Board may approve in part and deny in part an application for approval of a course or program. The Board may deny an application for approval that does not comply with the act or this chapter.

     (iv)   The Board may terminate its prior approval of a course or program of continuing education when the applicant made one or more false or misleading material statements on the application. The Board may also terminate in part or in whole its prior approval of a course or program when it is later determined that the Board has grounds to deny approval in accordance with this section. Termination of approval will not forfeit credit for a course or program completed prior to termination of approval.

     (v)   The Board will maintain a list of approved courses and programs in a form accessible to certified physical therapist assistants and the public.

     (vi)   If the provider has not separately sought approval under this paragraph, a certified physical therapist assistant attending the course or program may apply for approval of a course or program of continuing education in accordance with this paragraph. The certified physical therapist assistant shall apply for approval prior to attending the course or program. The Board may waive the requirements in paragraph (3) when a certified physical therapist assistant attending a course or program applies for approval.

   (3)  For each course or program of continuing education, the provider shall:

     (i)   Disclose in advance to prospective attendees the objectives, content, teaching method and the number of hours of continuing education credit approved by the Board.

     (ii)   Provide physical facilities adequate for the number of anticipated participants and the teaching methods to be used.

     (iii)   Provide accurate instructional materials.

     (iv)   Utilize qualified instructors who are knowledgeable in the subject matter.

     (v)   Evaluate the course or program through the use of questionnaires of the participants and instructors.

     (vi)   Issue a certificate of completion to each participant.

     (vii)   Retain attendance records, written outlines and a summary of evaluations for 5 years.

 (e)  Authoring publications. A certified physical therapist assistant may earn continuing education credit for authoring publications as provided in this subsection.

   (1)  Prior to the end of the biennial renewal period for which credit is sought, the certified physical therapist assistant shall apply to the Board on forms provided by the Board and submit the documentation necessary to establish entitlement to credit.

   (2)  Subject to the limitations of paragraph (3), 1 contact hour of continuing education credit will be awarded for each hour spent in research or writing. Credit will not be awarded if the total research and writing time was less than 1 hour.

   (3)  Within the subject matter limitations of subsection (c), a certified physical therapist assistant may earn credit for authoring a publication as follows:

     (i)   Authoring or editing a book, not to exceed 15 contact hours.

     (ii)   Authoring or editing a chapter of a book, not to exceed 10 contact hours.

     (iii)   Authoring or reviewing a published peer-reviewed article, not to exceed 10 contact hours.

     (iv)   Authoring a non-peer-reviewed article published in a physical therapy publication, not to exceed 5 contact hours.

   (4)  Credit for authoring a publication will be awarded only for the biennial renewal period in which it was published.

 (f)  Disciplinary action authorized. Unless otherwise excused by the act or this chapter, failure to complete the minimum required amount of continuing education during the applicable renewal period will subject the certified physical therapist assistant to discipline under section 12(c) of the act (63 P.S. §  1312(c)) in accordance with the schedule of civil penalties in §  43b.26 (relating to schedule of civil penalties—physical therapists and physical therapist assistants). Within 6 months after the issuance of a citation under §  43b.26 for failure to complete the required amount of continuing education, the physical therapist assistant shall make up the deficiency and provide proof, in accordance with subsection (b), of completion of the entire amount of continuing education required under subsection (a). In addition to a civil penalty assessed under this subsection, failure to complete the required amount of continuing education and to provide the Board with proof of completion of the required amount of continuing education within 6 months after the issuance of a citation under §  43b.26 will subject the certified physical therapist assistant to disciplinary action under section 9.1(f) of the act for committing unprofessional conduct as provided in §  40.181(a)(6). This subsection does not apply to a certified physical therapist assistant who permitted the physical therapist assistant’s certificate to expire at the conclusion of a biennial renewal period for which the physical therapist assistant did not complete the required amount of continuing education and did not provide patient services prior to reactivating that certificate under §  40.191(g) upon a demonstration that the physical therapist assistant subsequently completed the required deficient continuing education.

Authority

   The provisions of this §  40.192 issued under section 3(a) of the Physical Therapy Practice Act (63 P.S. §  1303(a)); section 16 of the act of July 4, 2008 (P.L. 293, No. 38); amended under section 3(a), 4(a), 6, 7.2, 9.1 and 11(a) of the Physical Therapy Practice Act (63 P.S. § §  1303(a), 1304(a), 1306, 1307.2, 1309.1 and 1311(a)).

Source

   The provisions of this §  40.192 adopted December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652; amended October 21, 2016, effective October 22, 2016, 46 Pa.B. 6639; amended May 18, 2018, effective May 19, 2018, 48 Pa.B. 2947. Immediately preceding text appears at serial pages (384364), (365007) to (365008) and (384365) to (384368).

Cross References

   This section cited in 49 Pa. Code §  40.191 (relating to renewal of certification); and 49 Pa. Code §  43b.26 (relating to schedule of civil penalties—physical therapists and physical therapist assistants).



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