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PTBC California Law Exam - The
Physical Therapy Practice Act Already
Passed
PART ONE ✔✔BUSINESS AND PROFESSIONS CODE
Article 1: Administration
Members of the Board ✔✔1) 1 PT involved in PT education,
- 3 PTs with 5 years experience,
- 3 public members who aren't licentiates of the board or any other medical board (CA citizen, not school faculty)
Priority of the Board ✔✔Protection of the public
Licensing, regulating and disciplinary roles The mission of the Physical Therapy Board of California is to promote and protect the interests of the people of California by the effective and consistent administration and enforcement of the Physical Therapy Practice Act.
Terms of Serving on the Board ✔✔1) Appointed 4 years, exp. on June 1
- 1 public and 4 PT members appt'd by governor
- Senate Rules Committee and speaker of assembly each appoint 1 public
- Members of the Board elect a president
- Board may elect an executive officer to exercise the duties required
- Board may appoint an commissioner on examination - who is suitable qualified but not a member of the Board but will be subject to the rules and regs and same fees
- Cannot serve more than 2 consecutive terms
Qualifications of Public Members ✔✔- Be a citizen of CA.
- Shall not be an officer or faculty member of any college in PT education.
- Shall not be a licentiate of the Medical Board of CA
Meetings ✔✔1 regular meeting annually in Sacramento, LA or SF or from time to time till business is complete
Duties of the Members of the Board ✔✔1) May inspect PT facilities
- May review patient charts
- Can suspend and revoke licenses (notice must be given)
How is this Chapter cited? ✔✔This chapter may be cited as the Physical Therapy Practice Act
Public Employees ✔✔PT consultants under contract for the board are considered a public
employee; or clerical or other employees necessary to carry out powers and duties of Board
Article 2
Minimal Time that Patient Records must be kept for ✔✔7 years.
1 ) Patient records shall be kept for a period of no less than 7 years following the discharge of the patient
- Records of unemancipated minors shall be kept at least 1 year after the minor has reached 18 years of age. No less than 7 years in any case
Documentation ✔✔- evaluation, goals, treatment plan, summary of treatment
- any actual intervention given
- sign legibly
PTs cannot do what ✔✔1) PTs cannot diagnose disease
- PTs cannot provide prognostic interpretation of data
- PTs cannot prescribe medicines
- Perform medicine, surgery or any other healing art
PT Aide
Duties & Regulations ✔✔PT may use 1 aide to assist in PT
- Patient related - services directly to the patient, excluding non patient related tasks
- Non patient related tasks :Observation of patient, transport, physical support only during gait training/transfers, housekeeping duties, clerical duties, and similar functions
- Under direct, continuous and immediate PT supervision at all time. Direction and order from PT
- no authority for aide to independently perform PT or a PT procedure
- must be same facility and in proximity to PT aide when performing patient related tasks.
- when patient related tasks are performed at some point in that day, PT must provide direct services to the pt for their condition, or to further evaluate and monitor patient progress and document in patient's record
Who is allowed to use "P.T."and "D.P.T." ✔✔1) Only a licensed PT can use the letters "P.T."
- A licensed PT who has received a doctoral degree in PT may use "D.P.T."use unabbreviated qualification in speaking and writing after using Dr. but must specify it is in PT
- Can use DPT, PhD or EdD as appropriate with approved doctoral degrees
- WASC approval for doctoral degree for accreditation
PT Applicant Qualifications ✔✔1) Over 18 years old.
- Successful education and training.
- Not addicted to drugs/alcohol.
- No crimes (constituting denial of license).
Examinations required before licensing ✔✔1) Laws & regulations to the practice of PT.
- National Physical Therapy Examination
Education ✔✔- Shall be a graduate of a professional degree program of an accredited
postsecondary institution or institutions approved by the board, and shall have completed a professional education including academic coursework and clinical internship (at least 18 weeks full time) in physical therapy.
What is a PT student's title during Clinical Internship ✔✔During internships, person shall be
identified as "physical therapy student" or "physical therapy intern"
- as long as student matriculated in approved, accredited course from performing PT as part of their studies
Requirements for applying for license if foreign trained or not in an approved US program ✔✔1)
If from a foreign school, a) submit docs to prove equivalence, pass written exam (except if NPTE completed to satisfaction in another state), complete 9 months clinical service (direct, supervision, evaluated) Can be waived. b) During those 9 months, can work as PTLA c) Same req's apply to American student from non-accredited school d) If certificate under another state may oral and file of past work e) If no educational equivalent- may be eligible PTA
Article 4.5 PT Assistant
Supervision of PTA ✔✔1) 1 PT: 2PTAs
- Board may permit more if adequate supervision available if public health and safety served
of PTAs never exceeds 2X # of PTs
- Onsite & adequate supervision
PTA - Qualifications ✔✔1) Successfully pass examination
- Completed appropriate education and training
- Not addicted to drugs/alcohol.
- No crimes (constituting denial of license).
Requirements for being issued a PTA license without a written examination ✔✔1) Licensed in another state deemed equal/higher than CA
- Graduated PTA Edu program (CAPTE/APTA)
- Files an app and meets requirements
- First time applicant - qualify as PTAA
Violation of False Identity ✔✔e.g using PTA when not licensed-VIOLATION OF FALSE
IDENTITY IS A MISDEMEANOR
- punishable by a fine not exceeding one thousand dollars ($1,000) or imprisonment in a county jail not exceeding six months, or by both.
Article 5 : Suspension, Revocation and Reinstatement of License)
- Continuing medical or psychiatric treatment
- Restriction of the type or circumstances of practice
- Continuing Rehab program
- Abstentation from alcohol or drugs
- Random fluid testing
- Compliance with laws and regs governing PT
Time of Notification for Issuance of Public Letter of Reprimand ✔✔30 days.
- The board shall notify licensee to issue letter 30 days in advance.
- Licensee should agree to letter 15 days in advance
- If licensee does not agree to the letter the Board may proceed to formal accusation
Purpose and Disclosure of Public Letter of Reprimand ✔✔1) Used for only minor violations in
place of filing prosecution or accusation
- Disclosed to an inquiring member of the public
- Posted on board's website and disclosed to an enquiring member of the public
Penal code ✔✔Board can deny a physical therapist license if required to register pursuant to
Section 290 of the Penal Code. - - not apply to applicants required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code.
Conviction of crime ✔✔A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge for a felony or of any offense which substantially relates to the qualifications, functions, or duties of a physical therapist is deemed to be a CONVICTION. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, (irrespective of a subsequent order allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment).
Recovery of Investigation & Prosecution costs ✔✔1) Licensee found guilty must pay the board
the actual costs of litigation & prosecution of the case. May use an administrative law judge to set and board cannot increase. 2)Failure to pay - go to court and no license
- For a person with financial hardship, license may be conditionally re- instated for 1 year in order to assist with reimbursement (formal agreement)
Probationary monitoring ✔✔Board shall establish a probation monitoring program to monitor
probationary licenses. (b) The program may employ nonpeace officer staff to perform its probation monitoring. (c) The program shall be funded with moneys in the Physical Therapy Fund.
Article 5.5 Diversion Program
Legislative Intent of Diversion Program ✔✔Board shall seek ways and means to identify &
rehabilitate PTs and PTAs whose competency is impaired due to abuse of dangerous drugs or alcohol so that they may be treated & returned to the practice of PT in a manner they will not be a danger to public safety.
Composition of Diversion Program Board Members ✔✔-may establish one or more diversion evaluation committees. Any diversion evaluation committee
- shall operate under the direction of the diversion program manager, as designated by the executive officer of the board. The program manager has the primary responsibility to review and evaluate recommendations of the committee.
-Composed of 3 members
- Members are recovering in substance abuse but free from substance abuse in past 3 yrs or who are knowledgable in treatment and recovery of abuse -Board considers appt'ing MD certified in psych -Term is 4 years
- for business decision a minimum quorum is required (chair and vice chair elected)
- can hold closed meetings for privacy of the individual
Duties of Diversion Program ✔✔1) Evaluate eligibility of PTs and PTAs and make
recommendations, also consider any recommendations from professional consultants
- Review and receive info for those participating in program; reports, call meetings to consider requests of PTA or deal with issues from the Board. 3)In writing the terms and conditions of the diversion agreement that is approved by the program manager for each physical therapist in the program, including treatment, supervision, and monitoring requirements.
- Review & designate treatment facilities
- Hold a general open, meeting at least twice a year to evaluate program's progress and report to the board on proposals
- Assess the return of participant in diversion program to safely resume PT practice
Criteria for being able to enter diversion program ✔✔a) - licensed as a physical therapist
- abuse dangerous drugs or alcoholic which may affect his or her ability to practice physical therapy safely or competently.
- voluntarily requested admission to the program or shall be accepted into the program in accordance with terms and conditions resulting from a disciplinary action.
- agree to undertake any medical or psychiatric examination ordered to evaluate the applicant for participation in the program.
- shall cooperate with the program by providing medical information, disclosure authorizations, and releases of liability as may be necessary for participation in the program.
- review the activities and performance of the contractor (if used) on a biennial basis. The board shall review files of participants in the program. However, the names shall remain confidential, except when the review reveals misdiagnosis, case mismanagement, or noncompliance by the participant.
Participation in a diversion program shall not be a defense to any disciplinary action which may be taken by the board. This section does not preclude the board from commencing disciplinary action against a PT who is terminated unsuccessfully from the program under this section. That disciplinary action may not include as evidence any confidential information.
- All board and diversion evaluation committee records and records of proceedings and participation of a physical therapist in a program shall be confidential and are not subject to discovery or subpoena.
Article 6 ; Offenses and enforcement
Violations are a misdemeanor ✔✔Any person who violates any provision of this chapter shall be
guilty of a misdemeanor, punishable fine not exceeding $1000 or imprisonment in county jail < months or both
- can be effected by superior court of any county, Medical Board of Ca, the Board or 10 or more licensed PT to get an injunction or other order to stop the conduct.
Article 6.
Continuing education and competency ✔✔Required to have 30 hours every 2 years
Not require further degree but can use this as evidence Random audits Admin funded license and/or CE courses provider fees, course approval fees
Article 7 Fiscal Administration
Reports to Fiscal Administration ✔✔The Board reports within 10 days of each calendar month to
state controller:
- Accredited PT fund
- List of persons seeking to be licensed
When does the license expire? When must an expired license be renewed? ✔✔- License shall expire at midnight on the last day of birth month of licensee
- Notice of expiration given 60 days in advance -Expired license may be renewed within 5 years
Fiscal Administration keeps records about licensee regarding: ✔✔-License Register:
- Name of every licensee
- Place of residence
Definition of Physical Therapy Corporations ✔✔A physical therapy corporation is a corporation
that is authorized to render professional services, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are physical therapists are in compliance with the Moscone-Knox Professional Corporation Act,
- constitutes unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws
- In the conduct of its practice, it shall observe and be bound by such statutes and regulations to the same extent as a person holding a license under this chapter.
PT Corporation Name ✔✔The name of the PT corp should have "physical therapy" or "physical
therapist" in it and wording or abbreviations denoting corporate existence.
Qualification of Directors & Officers of PT Corporation ✔✔Each shareholder/director/officer
should be licensed PT (except secretary and assistant treasurer)
Income of PT Corporation ✔✔Shareholder rendered disqualified - does not get profit
Regulations of PT Corporation ✔✔Corp regulations should include:
- bylaws of stock(e.g. capital stock owned by a disqualified person, or deceased - shall be sold to the corp or to remaining shareholders of the corp within time as regs allow)
- adequate insurance coverage
BREATHE ✔✔Next....
PART 2 ✔✔PHYSIOTHERAPY REGULATIONS
Notice of Address/Name Change required within: ✔✔1) Each licensee (active, delinquent,
suspended, certified, expired, authorized to practice PT or EMG) BUT not canceled or revoked) - must report any change in residence/name/email address to the Board no later than 30 days after change has occurred.
Advertising ✔✔- advertising provision of any services authorized by a PT, in keeping with
Section 651 code and not promote, excessive unnecessary use of such services
Information documented in Patient Records (by PT) ✔✔PT shall document & sign the following
information:
- Exam & Eval (and reexam/reeval)
- Diagnosis/Prognosis
- Interventions
- Treatment plan & modification of POC
- Each treatment provided by PT or PT aide
- D/C summary
Notice to consumers ✔✔- PT provide Form NTC 12-01 teach patient
