ENROLLED
COMMITTEE SUBSTITUTE
for
H. B. 4140
(By Delegates Morgan, Stephens, Swartzmiller,
Staggers, Martin, Givens, Hartman,
Ross, C. Miller, Manypenny and Hatfield)
[Passed March 13, 2010; in effect ninety days from passage.]
AN ACT to repeal §30-20-8a of the Code of West Virginia, 1931, as
amended; to amend and reenact §30-20-1, §30-20-2, §30-20-3,
§30-20-4, §30-20-5, §30-20-6, §30-20-7, §30-20-8, §30-20-9,
§30-20-10, §30-20-11, §30-20-12, §30-20-13, §30-20-14 and §30-
20-15 of said code; and to amend said code by adding thereto
seven new sections, designated §30-20-16, §30-20-17, §30-20-
18, §30-20-19, §30-20-20, §30-20-21 and §30-20-22, all
relating to the Board of Physical Therapy; prohibiting the
practice of physical therapy without a license; providing
other applicable sections; providing definitions; providing
for board composition; setting forth the powers and duties of
the board; clarifying rulemaking authority; continuing a
special revenue account; establishing license requirements; clarifying a scope of practice; providing for licensure for
persons licensed in another state; establishing renewal
requirements; providing permit requirements; establishing a
special volunteer license; clarifying requirements for a
license that is delinquent, expired or inactive; providing
exemptions from licensure; requiring display of license;
setting forth grounds for disciplinary actions; allowing for
specific disciplinary actions; providing procedures for
investigation of complaints; providing for judicial review and
appeals of decisions; setting forth hearing and notice
requirements; providing for civil causes of action and
providing criminal penalties.
Be it enacted by the Legislature of West Virginia:
That §30-20-8a of the Code of West Virginia, 1931, as amended,
be repealed; that §30-20-1, §30-20-2, §30-20-3, §30-20-4, §30-20-5,
§30-20-6, §30-20-7, §30-20-8, §30-20-9, §30-20-10, §30-20-11, §30-
20-12, §30-20-13, §30-20-14 and §30-20-15 of said code be amended
and reenacted; and that said code be amended by adding thereto
seven new sections, designated §30-20-16, §30-20-17, §30-20-18,
§30-20-19, §30-20-20, §30-20-21 and §30-20-22, all to read as
follows:
ARTICLE 20. PHYSICAL THERAPISTS.
§30-20-1. Unlawful acts.
(a) It is unlawful for any person to practice or offer to practice physical therapy in this state without a license or permit
issued under the provisions of this article, or advertise or use
any title or description tending to convey the impression that they
are a physical therapist or a physical therapist assistant unless
the person has been duly licensed or permitted under the provisions
of this article, and the license or permit has not expired, been
suspended or revoked.
(b) A business entity may not render any service or engage in
any activity which, if rendered or engaged in by an individual,
would constitute the practice of physical therapy, except through
a licensee or permittee.
(c) A person who is not licensed under this article as a
physical therapist may not characterize himself or herself as a
"physical therapist", "physiotherapist", or "doctor of physical
therapy", nor may a person use the designation "PT", "DPT", "LPT",
"CPT", or "RPT".
(d) A person who is not licensed under this article as a
physical therapist assistant may not characterize himself or
herself as a "physical therapist assistant", nor may a person use
the designation "PTA".
§30-20-2. Applicable law.
The practices licensed under the provisions of this article
and the Board of Physical Therapy are subject to article one of
this chapter, the provisions of this article, and any rules promulgated hereunder.
§30-20-3. Definitions.
As used in this article:
(1) "Applicant" means any person making application for an
original or renewal license or a temporary permit under the
provisions of this article.
(2) "Board" means the West Virginia Board of Physical Therapy.
(3) "Business entity" means any firm, partnership,
association, company, corporation, limited partnership, limited
liability company or other entity providing physical therapy
services.
(4) "Consultation" means a physical therapist renders an
opinion or advice to another physical therapist or health care
provider through telecommunications.
(5) "Direct supervision" means the actual physical presence of
the physical therapist in the immediate treatment area where the
treatment is being rendered.
(6) "General supervision" means the physical therapist must be
available at least by telecommunications.
(7) "License" means a physical therapist license or license to
act as a physical therapist assistant issued under the provisions
of this article.
(8) "Licensee" means a person holding a license under the
provisions of this article.
(9) "On-site supervision" means the supervising physical
therapist is continuously on-site and present in the building where
services are provided, is immediately available to the person being
supervised, and maintains continued involvement in appropriate
aspects of each treatment session.
(10) "Permit" or "temporary permit" means a temporary permit
issued under the provisions of this article.
(11) "Permittee" means any person holding a temporary permit
issued pursuant to the provisions of this article.
(12) "Physical therapy aide" means a person trained under the
direction of a physical therapist who performs designated and
routine tasks related to physical therapy services under the
direction supervision of a physical therapist.
(13) "Physical therapist" means a person engaging in the
practice of physical therapy who holds a license or permit issued
under the provisions of this article.
(14) "Physical therapist assistant" means a person holding a
license or permit issued under the provisions of this article who
assists in the practice of physical therapy by performing patient
related activities delegated to him or her by a physical therapist
and performs under the supervision of a physical therapist and
which patient related activities commensurate with his or her
education and training, including physical therapy procedures, but
not the performance of evaluative procedures or determination and modification of the patient plan of care.
(15) "Practice of physical therapy" or "physiotherapy" means
the care and services as described in section nine of this article.
(16) "Telecommunication" means audio, video or data
communication.
§30-20-4. West Virginia Board of Physical Therapy.
(a) The West Virginia Board of Physical Therapy is continued.
The members of the board in office on July 1, 2010, shall, unless
sooner removed, continue to serve until their respective terms
expire and until their successors have been appointed and
qualified.
(b) To be effective July 1, 2010, the Governor shall appoint,
by and with the advice and consent of the Senate:
(1) One person who is a physical therapist assistant for a
term of five years; and
(2) One citizen member, who is not licensed under the
provisions of this article and who does not perform any services
related to the practice of the professions regulated under the
provisions of this article or have a financial interest in any
health care profession, for a term of three years.
(c) Commencing July 1, 2010, the board shall consist of the
following seven members:
(1) Five physical therapists;
(2) One physical therapist assistant; and
(3) One citizen member.
(d) After the initial appointment term, the term shall be for
five years. All appointments to the board shall be made by the
Governor by and with the advice and consent of the Senate.
(e) Each licensed member of the board, at the time of his or
her appointment, must have held a license in this state for a
period of not less than five years immediately preceding the
appointment.
(f) Each member of the board must be a resident of this state
during the appointment term.
(g) A member may not serve more than two consecutive full
terms. A member may continue to serve until a successor has been
appointed and has qualified.
(h) A vacancy on the board shall be filled by appointment by
the Governor for the unexpired term of the member whose office is
vacant and the appointment shall be made within sixty days of the
vacancy.
(i) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.
(j) A licensed member of the board immediately and
automatically forfeits membership to the board if his or her
license to practice is suspended or revoked.
(k) Any member of the board immediately and automatically
forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident
of this state.
(l) The board shall elect annually one of its members as
chairperson who serves at the will of the board.
(m) Each member of the board is entitled to compensation and
expense reimbursement in accordance with article one of this
chapter.
(n) A majority of the members of the board constitutes a
quorum.
(o) The board shall hold at least two annual meetings. Other
meetings may be held at the call of the chairperson or upon the
written request of two members, at the time and place as designated
in the call or request.
(p) Prior to commencing his or her duties as a member of the
board, each member shall take and subscribe to the oath required by
section five, article four of the Constitution of this state.
§30-20-5. Powers and duties of the board.
(a) The board has all the powers and duties set forth in this
article, by rule, in article one of this chapter and elsewhere in
law.
(b) The board shall:
(1) Hold meetings, conduct hearings and administer
examinations;
(2) Establish requirements for licenses and permits;
(3) Establish procedures for submitting, approving and
rejecting applications for licenses and permits;
(4) Determine the qualifications of any applicant for licenses
and permits;
(5) Prepare, conduct, administer and grade examinations for
licenses;
(6) Determine the passing grade for the examinations;
(7) Maintain records of the examinations the board or a third
party administers, including the number of persons taking the
examinations and the pass and fail rate;
(8) Hire, discharge, establish the job requirements and fix
the compensation of the executive secretary;
(9) Maintain an office, and hire, discharge, establish the job
requirements and fix the compensation of employees, investigators
and contracted employees necessary to enforce the provisions of
this article;
(10) Investigate alleged violations of the provisions of this
article, legislative rules, orders and final decisions of the
board;
(11) Conduct disciplinary hearings of persons regulated by the
board;
(12) Determine disciplinary action and issue orders;
(13) Institute appropriate legal action for the enforcement of
the provisions of this article;
(14) Maintain an accurate registry of names and addresses of
all persons regulated by the board;
(15) Keep accurate and complete records of its proceedings,
and certify the same as may be necessary and appropriate;
(16) Establish the continuing education requirements for
licensees;
(17) Issue, renew, combine, deny, suspend, restrict, revoke or
reinstate licenses and permits;
(18) Establish a fee schedule;
(19) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article; and
(20) Take all other actions necessary and proper to effectuate
the purposes of this article.
(c) The board may:
(1) Contract with third parties to administer examinations
required under the provisions of this article;
(2) Sue and be sued in its official name as an agency of this
state; and
(3) Confer with the Attorney General or his or her assistant
in connection with legal matters and questions.
§30-20-6. Rulemaking.
(a) The board shall propose rules for legislative approval, in
accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article,
including:
(1) Standards and requirements for licenses and permits;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare or administer,
or both, examinations and reexaminations;
(4) Educational and experience requirements;
(5) The passing grade on the examinations;
(6) Standards for approval of courses and curriculum;
(7) Procedures for the issuance and renewal of licenses and
permits;
(8) A fee schedule;
(9) The scope of practice and supervision of physical
therapist assistants;
(10) Responsibilities of a physical therapist and physical
therapist assistant concerning the practice and supervision of
physical therapy aides;
(11) Continuing education requirements for licensees;
(12) Establishing a maximum ratio of physical therapist
assistants, or physical therapy aides involved in the practice of
physical therapy, or any combinations that can be supervised by a
physical therapist at any one time;
(13) Exceptions to the ratio of physical therapist assistants
a physical therapist may supervise including emergencies, safety and temporary situations;
(14) Permitting a physical therapist assistant to directly
supervise a physical therapy aide in an emergency situation;
(15) The procedures for denying, suspending, restricting,
revoking, reinstating or limiting the practice of licensees and
permittees;
(16) Adopt a standard for ethics;
(17) Requirements for inactive or revoked licenses or permits;
and
(18) Any other rules necessary to effectuate the provisions of
this article.
(b) The board shall promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code, to establish a maximum ratio of physical therapist
assistants, or physical therapy aides involved in the practice of
physical therapy, or any combinations that can be supervised by a
physical therapist at any one time.
(c) All of the board's rules in effect on July 1, 2010, shall
remain in effect until they are amended or repealed and references
to provisions of former enactments of this article are interpreted
to mean provisions of this article.
§30-20-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative fines,
received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the "West Virginia
Board of Physical Therapy Fund", which is continued. The fund is
used by the board for the administration of this article. Except
as may be provided in article one of this chapter, the board
retains the amount in the special revenue account from year to
year. No compensation or expense incurred under this article is a
charge against the General Revenue Fund.
(b) Any amounts received as fines pursuant to this article
shall be deposited into the General Revenue Fund of the State
Treasury.
§30-20-8. License to practice physical therapy.
(a) To be eligible for a license to engage in the practice of
physical therapy, the applicant must:
(1) Submit an application to the board;
(2) Be at least eighteen years of age;
(3) Be of good moral character;
(4) Have graduated from an accredited school of physical
therapy approved by the Commission on Accreditation in Physical
Therapy Education or a successor organization;
(5) Pass a national examination as approved by the board;
(6) Not be an alcohol or drug abuser, as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code:
Provided, That an applicant in an active recovery
process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or
process, may be considered;
(7) Not have been convicted of a felony in any jurisdiction
within ten years preceding the date of application for license
which conviction remains unreversed;
(8) Not have been convicted of a misdemeanor or felony in any
jurisdiction if the offense for which he or she was convicted
related to the practice of physical therapy, which conviction
remains unreversed; and
(9) Has fulfilled any other requirement specified by the
board.
(b) A physical therapist shall use the letters "PT"
immediately following his or her name to designate licensure under
this article.
(c) A license to practice physical therapy issued by the board
prior to July 1, 2010,is considered a license issued under this
article:
Provided, That a person holding a license issued prior to
July 1, 2010, must renew the license pursuant to the provisions of
this article.
§30-20-9. Scope of practice of a physical therapist.
A physical therapist may:
(1) Examine, evaluate and test patients or clients with
mechanical, physiological and developmental impairments, functional
limitations, and disabilities or other health and movement related conditions in order to determine a diagnosis, prognosis and plan of
treatment intervention, and to assess the ongoing effects of
intervention:
Provided, That electromyography examination and
electrodiagnostic studies other than the determination of chronaxia
and strength duration curves shall not be performed except under
the supervision of a physician electromyographer and
electrodiagnostician;
(2) Alleviate impairments, functional limitations and
disabilities by designing, implementing and modifying treatment
interventions that may include, but are not limited to: therapeutic
exercise; functional training in self-care in relation to motor
control function; mobility; in home, community or work integration
or reintegration; manual therapy techniques including mobilization
of the joints; therapeutic massage; fabrication of assistive,
adaptive, orthothic, prosthetic, protective and supportive devices
and equipment; airway clearance techniques; integumentary
protection and repair techniques; patient-related instruction;
mechanical and electrotherapeutic modalities; and physical agent or
modalities including, but not limited to, heat, cold, light, air,
water and sound;
(3) Reduce the risk of injury, impairment, functional
limitation and disability, including the promotion and maintenance
of fitness, health and wellness in populations of all ages; and
(4) Engage in administration, consultation and research.
§30-20-10. License to act as a physical therapist assistant.
(a) To be eligible for a license to act as a physical
therapist assistant, the applicant must:
(1) Submit an application to the board;
(2) Be at least eighteen years of age;
(3) Be of good moral character;
(4) Have graduated from a two-year college level education
program for physical therapist assistants which meets the standards
established by the Commission on Accreditation in Physical Therapy
Education and the board;
(5) Have passed the examination approved by the board for a
license to act as a physical therapist assistant;
(6) Not be an alcohol or drug abuser, as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code:
Provided, That an applicant in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in a twelve-step program or other similar group or
process, may be considered;
(7) Not have been convicted of a felony in any jurisdiction
within ten years preceding the date of application for license
which conviction remains unreversed;
(8) Not have been convicted of a misdemeanor or felony in any
jurisdiction if the offense for which he or she was convicted
related to the practice of physical therapy, which conviction remains unreversed; and
(10) Meet any other requirements established by the board.
(b) A physical therapist assistant shall use the letters "PTA"
immediately following his or her name to designate licensure under
this article.
(c) A license to act as a physical therapist assistant issued
by the board prior to July 1, 2010,is considered a license issued
under this article:
Provided, That a person holding a license
issued prior to July 1, 2010, must renew the license pursuant to
the provisions of this article.
§30-20-11. License to practice physical therapy from another
jurisdiction.
(a) The board may issue a license to practice physical therapy
to an applicant who holds a valid license or other authorization to
practice physical therapy from another state, if the applicant:
(1) Holds a license or other authorization to practice
physical therapy in another state which was granted after
completion of educational requirements substantially equivalent to
those required in this state;
(2) Passed an examination that is substantially equivalent to
the examination required in this state;
(3) Does not have charges pending against his or her license
or other authorization to practice, and has never had a license or
other authorization to practice revoked;
(4) Has not previously failed an examination for a license to
practice physical therapy in this state;
(5) Has paid the applicable fee;
(6) Is a citizen of the United States or is eligible for
employment in the United States; and
(7) Has fulfilled any other requirement specified by the
board.
(b) The board may issue a license to practice physical therapy
to an applicant who has been educated outside of the United States,
if the applicant:
(1) Provides satisfactory evidence that the applicant's
education is substantially equivalent to the educational
requirements for physical therapists under the provisions of this
article;
(2) Provides written proof that the applicant's school of
physical therapy is recognized by its own ministry of education;
(3) Has undergone a credentials evaluation as directed by the
board that determines that the candidate has met uniform criteria
for educational requirements as further established by rule;
(4) Has paid the applicable fee;
(5) Is eligible for employment in the United States; and
(6) Complete any additional requirements as required by the
board.
(c) The board may issue a restricted license to an applicant who substantially meets the criteria established in subsection (b)
of this section.
§30-20-12. Temporary permits.
(a) Upon completion of the application and payment of the
nonrefundable fees, the board may issue a temporary permit, for a
period not to exceed 90 days, to an applicant to practice as a
physical therapist in this state or act as a physical therapist
assistant in this state, if the applicant has completed the
educational requirements set out in this article, pending the
examination and who works under a supervising physical therapist
with the scope of the supervision to be defined by legislative
rule.
(b) The temporary permit expires thirty days after the board
gives written notice to the permittee of the results of the first
examination held following the issuance of the temporary permit, if
the permittee receives a passing score on the examination. The
permit shall expire immediately if the permittee receives a failing
score on the examination.
(c) A temporary permit may be revoked by a majority vote of
the board.
(d) An applicant may be issued only one temporary permit, and
upon the expiration of the temporary permit, may not practice as a
physical therapist or act as physical therapist assistant until he
or she is fully licensed under the provisions of this article.
§30-20-13. Special volunteer physical therapist license, physical
therapist assistant license; civil immunity for voluntary
services rendered to indigents.
(a) There is established a special volunteer license for
physical therapists or physical therapist assistants, as the case
may be, retired or retiring from active practice who wish to donate
their expertise for the care and treatment of indigent and needy
patients in the clinical setting of clinics organized, in whole or
in part, for the delivery of health care services without charge.
The special volunteer license provided by this section shall be
issued by the West Virginia Board of Physical Therapy to physical
therapists or physical therapist assistants licensed or otherwise
eligible for licensure under this article and the legislative rules
promulgated hereunder without the payment of an application fee,
license fee or renewal fee, and the initial license shall be issued
for the remainder of the licensing period, and renewed consistent
with the boards other licensing requirements. The board shall
develop application forms for the special volunteer license
provided in this section which shall contain the applicant's
acknowledgment that:
(1) The applicant's practice under the special volunteer
license will be exclusively devoted to providing physical therapy
care to needy and indigent persons in West Virginia;
(2) The applicant may not receive any payment or compensation, either direct or indirect, or have the expectation of any payment
or compensation, for any physical therapy services rendered under
the special volunteer license;
(3) The applicant shall supply any supporting documentation
that the board may reasonably require; and
(4) The applicant shall continue to participate in continuing
education as required by the board for special volunteer physical
therapists or physical therapist assistants license, as the case
may be.
(b) Any physical therapist or physical therapist assistant who
renders any physical therapy service to indigent and needy patients
of a clinic organized, in whole or in part, for the delivery of
health care services without charge under a special volunteer
license authorized under subsection (a) of this section without
payment or compensation or the expectation or promise of payment or
compensation is immune from liability for any civil action arising
out of any act or omission resulting from the rendering of the
physical therapy service at the clinic unless the act or omission
was the result of gross negligence or willful misconduct on the
part of the physical therapist or physical therapist assistant. In
order for the immunity under this subsection to apply, there must
be a written agreement between the physical therapist or physical
therapist assistant and the clinic stating that the physical
therapist or physical therapist assistant will provide voluntary uncompensated physical therapy services under the control of the
clinic to patients of the clinic before the rendering of any
services by the physical therapist or physical therapist assistant
at the clinic:
Provided, That any clinic entering into such
written agreement is required to maintain liability coverage of not
less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed
liability for the negligent acts of a physical therapist or
physical therapist assistant rendering voluntary physical therapy
services at or for the clinic under a special volunteer license
authorized under this section.
(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure for a physical therapist or physical therapist assistant,
as the case may be, except the fee requirements.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer license to any physical
therapist or physical therapist assistant whose license is or has
been subject to any disciplinary action or to any physical
therapist or physical therapist assistant who has surrendered a
license or caused a license to lapse, expire and become invalid in
lieu of having a complaint initiated or other action taken against his or her license, or who has elected to place a license in
inactive status in lieu of having a complaint initiated or other
action taken against his or her license or who has been denied a
license.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any physical therapist or physical therapist assistant covered
under the provisions of this article shall be read so as to contain
a provision or endorsement whereby the company issuing such policy
waives or agrees not to assert as a defense on behalf of the policy
holder or any beneficiary there of the policy, to any claim covered
by the terms of the policy within the policy limits, the immunity
from liability of the insured by reason of the care and treatment
of needy and indigent patients by a physical therapist or physical
therapist assistant who holds a special volunteer license.
§30-20-14. Renewal requirements.
(a) All persons regulated by this article shall annually or
biannually before January 1, renew his or her license by completing
a form prescribed by the board and submitting any other information
required by the board.
(b) The board shall charge a fee for each renewal of a license
and shall charge a late fee for any renewal not paid by the due
date.
(c) The board shall require as a condition of renewal that each licensee complete continuing education.
(d) The board may deny an application for renewal for any
reason which would justify the denial of an original application
for a license.
§30-20-15. Delinquent and expired license requirements.
(a) If a license is not renewed when due, then the board shall
automatically place the licensee on delinquent status.
(b) The fee for a person on delinquent status shall increase
at a rate, determined by the board, for each month or fraction
thereof that the renewal fee is not paid, up to a maximum of
thirty-six months.
(c) Within thirty-six months of being placed on delinquent
status, if a licensee wants to return to active practice, he or she
must complete all the continuing education requirements and pay all
the applicable fees as set by rule.
(d) After thirty-six months of being placed on delinquent
status, a license is automatically placed on expired status and
cannot be renewed. A person whose license has expired must reapply
for a new license.
§30-20-16. Inactive license requirements.
(a) A licensee who does not want to continue an active
practice shall notify the board in writing and be granted inactive
status.
(b) A person granted inactive status is not subject to the payment of any fee and may not practice physical therapy or act as
a physical therapist assistant in this state.
(c) When the person wants to return to the practice of
physical therapy or act as a physical therapist assistant, the
person shall submit an application for renewal along with all
applicable fees as set by rule.
§30-20-17. Exemptions from licensure.
(a) The following persons are exempt from licensing
requirements under the provisions of this article:
(1) A person who practices physical therapy pursuant to a
course of study at an institution of higher learning, including,
but not limited to, activities conducted at the institution of
higher learning and activities conducted outside the institution if
under the on-site supervision of a physical therapist;
(2) A person who practices physical therapy in the United
States Armed Services, United States Public Health Service or
Veterans Administration pursuant to federal regulations for state
licensure of health care providers;
(3) A physical therapist who is licensed in another
jurisdiction of the United States or credentialed to practice
physical therapy in another country if that person is teaching,
demonstrating or providing physical therapy services in connection
with teaching or participating in an educational seminar of no more
than sixty calendar days in a calendar year;
(4) A physical therapist who is licensed in another state if
that person is consulting;
(5) A physical therapist who is licensed in another
jurisdiction, if that person by contract or employment is providing
physical therapy to individuals affiliated with or employed by
established athletic teams, athletic organizations or performing
arts companies temporarily practicing, competing or performing in
the state for no more than sixty calendar days in a calendar year;
(6) A physical therapist who is licensed in another
jurisdiction who enters this state to provide physical therapy
during a declared local, state or national disaster or emergency.
This exemption applies for no longer than sixty calendar days in a
calendar year following the declaration of the emergency. The
physical therapist shall notify the board of their intent to
practice;
(7) A physical therapist licensed in another jurisdiction who
is forced to leave his or her residence or place of employment due
to a declared local, state or national disaster or emergency and
due to the displacement seeks to practice physical therapy. This
exemption applies for no longer than sixty calendar days in a
calendar year following the declaration of the emergency. The
physical therapist shall notify the board of their intent to
practice; and
(8) A person administering simple massages and the operation of health clubs so long as not intended to constitute or represent
the practice of physical therapy.
(9) A physical therapist assistant assisting an exempt
physical therapist.
(10) Nothing contained in this article prohibits a person from
practicing within his or her scope of practice as authorized by
law.
§30-20-18. Display of license.
(a) The board shall prescribe the form for a license and
permit, and may issue a duplicate license or permit upon payment of
a fee.
(b) Any person regulated by the article shall conspicuously
display his or her license or permit at his or her principal
business location.
§
30-20-19. Complaints; investigations; due process procedure;
grounds for disciplinary action.
(a) The board may upon its own motion based on credible
information, and shall upon the written complaint of any person,
cause an investigation to be made to determine whether grounds
exist for disciplinary action under this article or the legislative
rules promulgated pursuant to this article.
(b) Upon initiation or receipt of the complaint, the board
shall provide a copy of the complaint to the licensee or permittee.
(c) After reviewing any information obtained through an investigation, the board shall determine if probable cause exists
that the licensee or permittee has violated subsection (g) of this
section or rules promulgated pursuant to this article.
(d) Upon a finding that probable cause exists that the
licensee or permittee has violated subsection (g) of this section
or rules promulgated pursuant to this article, the board may enter
into a consent decree or hold a hearing for the suspension or
revocation of the license or permit or the imposition of sanctions
against the licensee or permittee. Any hearing shall be held in
accordance with the provisions of this article.
(e) Any member of the board or the executive secretary of the
board may issue subpoenas and subpoenas duces tecum to obtain
testimony and documents to aid in the investigation of allegations
against any person regulated by the article.
(f) Any member of the board or its executive secretary may
sign a consent decree or other legal document on behalf of the
board.
(g) The board may, after notice and opportunity for hearing,
deny or refuse to renew, suspend, restrict or revoke the license or
permit of, or impose probationary conditions upon or take
disciplinary action against, any licensee or permittee for any of
the following reasons once a violation has been proven by a
preponderance of the evidence:
(1) Obtaining a license or permit by fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral
turpitude;
(3) Being guilty of unprofessional conduct which placed the
public at risk, as defined by legislative rule of the board;
(4) Intentional violation of a lawful order or legislative
rule of the board;
(5) Having had a license or other authorization revoked or
suspended, other disciplinary action taken, or an application for
licensure or other authorization revoked or suspended by the proper
authorities of another jurisdiction;
(6) Aiding or abetting unlicensed practice; or
(7) Engaging in an act while acting in a professional capacity
which has endangered or is likely to endanger the health, welfare
or safety of the public.
(h) For the purposes of subsection (g) of this section,
effective July 1, 2010, disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Restrictions;
(4) Administrative fine, not to exceed $1,000 per day per
violation;
(5) Mandatory attendance at continuing education seminars or
other training;
(6) Practicing under supervision or other restriction; or
(7) Requiring the licensee or permittee to report to the board
for periodic interviews for a specified period of time.
(i) In addition to any other sanction imposed, the board may
require a licensee or permittee to pay the costs of the proceeding.
§
30-20-20. Procedures for hearing; right of appeal.
(a) Hearings are governed by the provisions of section eight,
article one of this chapter.
(b) The board may conduct the hearing or elect to have an
administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law
judge, at the conclusion of a hearing he or she shall prepare a
proposed written order containing findings of fact and conclusions
of law. The proposed order may contain proposed disciplinary
actions if the board so directs. The board may accept, reject or
modify the decision of the administrative law judge.
(d) Any member or the executive secretary of the board has the
authority to administer oaths, examine any person under oath and
issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee or
permittee has violated provisions of this article or the board's
rules, a formal written decision shall be prepared which contains
findings of fact, conclusions of law and a specific description of
the disciplinary actions imposed.
§
30-20-21. Judicial review.
Any licensee or permittee adversely affected by a decision of
the board entered after a hearing may obtain judicial review of the
decision in accordance with section four, article five, chapter
twenty-nine-a of this code, and may appeal any ruling resulting
from judicial review in accordance with article six, chapter
twenty-nine-a of this code.
§
30-20-22. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a licensee or
permittee has committed a criminal offense under this article, the
board may bring its information to the attention of an appropriate
law-enforcement official.
(b) A person violating section one of this article is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than $100 nor more than $5,000 or confined in jail not more
than six months, or both fined and confined.
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