HB2638 H GO AM 2-1
C. Roskovensky 3338
The Committee on Government Organization moves to amend the bill on page two, line one, after the word "authorized" by striking the period and inserting in lieu thereof a comma and the words, "with the following amendments:
On page two, by striking 2.15a in its entirety and inserting in lieu thereof the following:
‘2.15.a. A physical therapy aide works under the direct supervision of a physical therapist; Provided, That a physical therapist assistant may directly supervise a physical therapy aide in emergency situations necessary to provide patient safety.’
On page 3, by striking out section 5 in its entirety and inserting in lieu thereof the following:
‘§16-1-5. Issuance, Renewal or Reinstatement of License.
5.1. The Board reserves the right to evaluate the applicant according to the testing, licensure, and procedural requirements as initiated by the agency responsible for the ownership and development of the National exam.
5.2. Licenses expiring on December 3l, of each particular year must be renewed by payment of applicable fee along with completed renewal application.
5.3. A license not renewed with no specific request to place it in “inactive” status will automatically “lapse”.
5.4. Delinquent licensee is responsible for penalty fees including but not limited to: application fee, delinquent license fee, and the current year renewal fee. A licensee must also complete and show proof of board approved continuing education requirements.
5.5. To reinstate an "inactive" license, the licensee must submit an application for renewal along with a non-refundable application fee and license renewal fee.
5.6. A volunteer license will be marked as a "volunteer" license and is restricted to practicing in accordance with §30-20-13.
5.7. Any change in personal contact and employer/supervisor information must be submitted in writing to the board as changes occur.’
On page 4, by striking out section 6.1 in its entirety and inserting in lieu thereof the following:
'6.1. An individual possessing a temporary permit issued by the Board to practice Physical Therapy or act as a physical therapist assistant in the State of West Virginia shall practice under the on-site supervision of a Physical Therapist. All progress notes written by the Physical Therapist or physical therapist assistant with a temporary permit shall be cosigned by a Physical Therapist supervisor within twenty-four (24) hours.’
On page six, by inserting a new subsection 7.7, to read as follows:
‘7.7. A licensee must report to the board any discipline received in another jurisdiction within 30 days of that discipline. The board reserves the right to discipline up to and including revocation of a license until disciplinary process in the other jurisdiction is completed. If the licensee fails to report discipline in another jurisdiction, they are subject to disciplinary procedures in our jurisdiction determined by the board.’
On page seven, by striking 8.2.a in its entirety and inserting in lieu thereof the following:
'8.2.a. When care is delivered in a hospital or other acute-care center, free-standing, outpatient, or independent practice setting, a Physical Therapist must provide on-site supervision, with the exception that general supervision is permitted in a hospital or other acute-care center, free-standing, outpatient, or independent practice setting 40% of the time once the physical therapist assistant performing treatment has at least 1000 hours of experience.’
On page seven, by striking out 8.2.b. in its entirety and inserting in lieu thereof the following:
'8.2.b. General supervision may be utilized when care is delivered in a skilled/unskilled nursing facility, distinct part skilled/unskilled nursing unit or swing-bed unit in an acute-care hospital, home health, or school system setting, and the following requirements must be observed and documented in the patient records when general supervision is used:’
On page seven, by striking 8.2.b.1 in its entirety and inserting in lieu thereof the following:
‘8.2.b.1. A physical therapist must be accessible by telecommunications to the physical therapist assistant at all times that the physical therapist assistant is treating patients; and available to make a joint onsite visit with the physical therapist assistant within 24 hours as prudent practice indicates.’
On page seven, by striking 8.2.b.2 in its entirety and inserting in lieu thereof the following:
‘8.2.b.2 The physical therapist must visit the patient at least once every 10 physical therapist assistant visits, or within 30 calendar days, whichever occurs first.’
On page seven, by striking 8.2.b.3 in its entirety and inserting in lieu thereof the following:
‘8.2.b.3. In the event that the supervising physical therapist changes, the new supervising physical therapist assistant must discuss the patient's diagnosis and plan of care with the previous supervising physical therapist before the next physical therapist assistant visit is made. Either physical therapist must document such communication.’
On page 8, by striking out section 8.5 in its entirety and inserting in lieu thereof the following:
'8.5. In an emergency situation, such as serious illness of the therapist or therapist's family member or death of a family member, which causes the unanticipated absence of the supervising physical therapist for not more than 3 consecutive days, a licensed physical therapist assistant may continue to render services, under the supervision of another physical therapist, to only those patients for which the licensed physical therapist assistant has previously participated in the intervention for established plans of care not to exceed the regularly scheduled operational hours of the particular day or days the supervising physical therapist is absent.'
On page 8, by striking out section 8.6 in its entirety and inserting in lieu thereof the following:
'8.6. In a temporary situation which causes the unanticipated absence of the supervising physical therapist up to 1 day, a licensed physical therapist assistant may continue to render services, under the supervision of another physical therapist, to only those patients for which the licensed physical therapist assistant has previously participated in the intervention for established plans of care not to exceed the regularly scheduled operational hours of the particular day or days the supervising physical therapist is absent.'
On page 9, by inserting a new section ten to read as follows:
‘§16-1-10. Continuing Education.
10.1. A "unit" is one clock hour spent in a continuing education activity unless otherwise defined in this section.
10.2. All licensees desiring to remain "active" and in good standing must complete 24 units of board approved continuing education within the two year licensing period. If the licensee does not complete the 24 units of board approved continuing education within the license period, that licensee will be placed on delinquent status and will be subject to all fees associated with delinquent status.
10.2.a. For those applicants reinstating their license for a period of 6 months or less, only 6 units are required for that year.
10.2.b. Volunteer licensees need only to complete twenty (20) units of board approved continuing education activities within a two year renewal cycle.
10.2.c. Accumulated CEU's may not be carried over from one renewal period to another.
10.3. Completion of examinations, residencies, fellowships, tools, and courses for continuing education credit.
10.3.a. A maximum of 8 units per license period can be obtained from any combination of clinical instruction or competency tools.
10.3.b. Passing the following specialty examinations will qualify for twenty-four contact hours of continuing education in the year the examination is taken:
10.3.b.1 Specialty examinations administered by the American board of physical therapy specialties (ABPTS).
10.3.b.2. The hand therapy certification commission (HTCC) certification examination.
10.3.c. The successful completion of an American physical therapy association credentialed residency or fellowship program will qualify for twenty-four contact hours of continuing education in the year the residency or fellowship is completed.
10.3.d. The successful completion of a practice review tool of the federation of state boards of physical therapy pertaining to continued competence will qualify for continuing education.
10.3.d.1. Eight contact hours of continuing education will be awarded for completion of a practice review tool.
10.3.d.2. Licensees may use a practice review tool identified in paragraph 3.d.1 of this section no more than every other renewal period.
10.3.e. Clinical instruction.
10.3.e.1. Providing clinical instruction to PT or PTA student(s) enrolled in a CAPTE approved physical therapist or physical therapist assistant program can qualify for up to a maximum 8 units per year.
10.3.e.2. Four weeks of clinical instruction is equal to 1 unit of continuing education.
10.3.f. Continuing education courses are subject to board approval.
10.3.f.1 One unit per hour of class instruction time will be awarded for board approved continuing education courses in the year the course is taken.
10.3.g. One unit per hour of class instruction time shall be awarded for American Physical Therapy Association or West Virginia Physical Therapy Association sponsored continuing education courses in the year the course is taken.
10.4. The West Virginia Board of Physical Therapy may grant a waiver of the continuing education requirements in the case of illness, disability or undue hardship.
10.4.a. A request for waiver form must be completed in full. In the case of illness or disability, a physician's statement is required.
10.4.b. All completed forms must be received by the Board for consideration no later than the first day of October of the year preceding the renewal date.
10.4.c. A waiver may be granted for any period of time not to exceed one renewal cycle.
10.4.d. In the event that the illness, disability or hardship continues to the next renewal cycle, then a new waiver request is required.
10.4.e. Should a waiver be granted due to disability or illness, the section may require the individual to provide appropriate documentation from a physician or another qualified and appropriate practitioner to verify the individual's competency and ability to practice physical therapy in the state of West Virginia prior to the return to active practice of physical therapy in West Virginia.' ”