Physical Therapy Practice Act Exam 2 – Flashcards
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objectives:
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1) analyze purpose of practice act 2) why government regulates professionals 3) diff licensure, certification, registration 4) identify & compare key elements related to practice privileges 5) key elements related to practice act 6) compare rights, privileges & conditions 7) referral requirements & direct access 8) qualifications for licensure 9) requirements for continuing ed 10) suspension or revocation of licensure 11) abuse reporting 12) credentialing other professionals 13) credentialing PTA's 14) prohibiting non PT's 15) role & functions of PA state board 16) current rules & regulations 17) duties of PA state board of PT's 18) processing of a complaint 19) key elements of finding fact 20) sanctions for violations 21) credentialing, scope of activities of PTA's 22) functions of supportive personnel, APTA
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right to practice PT is a privilege, with responsibilities
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laws assure public that particular services will be provided by those who meet statutory qualifications. - have licensure
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regulatory boards
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- autonomous board - umbrella board - combined boards - super boards
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autonomous board have the
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greatest representation from PT's & greatest decision-making authority
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autonomous board made up of who
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PT board PT PT PT PTA Public member
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umbrella board =
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PT members do not make final decisions, they make recommendations to the "superior" board
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umbrella board made up of
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board of medical examiners PT board of committees PT PT PT PTA Public member
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combined boards =
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representatives from more than 1 health care profession makes licensure decisions about member of each of the representative professions
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combined board made up of:
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allied health board PT PT OT OT ATC ATC Public Public
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Super boards =
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board of directors adopts rules about procedures, while a governing board for each representative profession makes decisions about issuing licenses & disciplinary actions
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super boards made up of
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super board medical nursing PT OT Public committee member member PT Committee PT PT PT PTA Public member
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"shall" and "will" require or mandate
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action
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"if" and "when" imply that
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a condition must occur before certain actions are required
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"conviction" definition examples
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- guilty verdicts - admissions of guilt - pleas of nolo contendere
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who defines scope of practice definitions & practice policies. represent "ideal" & generally drive legislature changes
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Professional organizations (APTA)
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do professional organizations have statutory authority for practice regulation, however their policies & procedures are valuable references for legislative bodies & courts
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NO
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Sunset laws =
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- laws that require state regulatory bodies to provide convincing data that the actual function of the regulatory body is a benefit to the public
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sunset laws have provisions to eliminate board that can't provide convincing evidence that they are effectively protecting the public from incompetent practitioners
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(Lewis DK in management & supervisory principles for PT's)
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PA state board of PT
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-
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Practice act is a ____ law, passed by ___ law, and it's primary purpose it to _____
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statutory state protect the public
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PA state board of PT established by
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practice act 110 in 1975
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PA state board of PT amended in
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July 4, 2008
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PA state board of PT prior to 1975 licensed regulated by
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medical board
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one of 29 professional licensing boards & commissions under the
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Bureau of professional & occupational affairs
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members are appointed by
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the Governor, approved by the Senate
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Activities are overseen by:
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- Senate committee on consumer protection & professional licensure - house committee on professional licensure
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IRRC:
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independent regulatory review commission oversees bureau of professional & occupational affairs
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any decision regarding penalty/violation of practice act is reviewed by
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commonwealth court
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commonwealth of PA chain of command
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Governor Commonwealth court Department of state IRRC House, senate Bureau of occupational affairs state board of PT
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Practice act is appointed by
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governors
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then the __ & then __
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state board of examiners
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do governors have authority over your license
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yes
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Practice act in comparison to
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APTA/ PPTA (CAPTE)
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APTA/PPTA have below them
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standards then board of directors
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who elects house of delegates
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APTA
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who elects membership
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PPTA
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can the APTA/PPTA take away your license
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NO
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what is the purpose of the state board
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protection of public's health, safety & welfare
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ACT 110 - PA PT practice act defines
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what profession of PT is & is not
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practice act establishes what & charges the board with ___ main responsibilities
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state board of PT examiners 5
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does the practice act specify penalties for violations of practice act
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YES
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what act amended act 110 and was passed on july 4, 2008
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ACT 38
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Practice act v
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Rules & Regulations
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what type of law is the practice act
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public law
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practice act sets
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standards of conduct & violation of results in judicial proceeding
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Rules & regulations promulgated by
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state board
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RR must go through what
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regulatory review process - approx 22 steps
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what is the intention
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to apply tenets of practice act to everyday PT practice
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state board of PT composition defined by practice act:
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7 licensed PTs 1 PTA 2 public (consumer) members 1 physician general consumer protection commissioner of the Bureau of Professional & occupational affairs deputy commissioner of the bureau of professional & occupational affairs esquire board counsel esquire board prosecutor regulatory council board administrator
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5 duties of SBPT = state board practice act
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1) establish education criteria & qualifications necessary to enter profession 2) establish, administrate, & enforce testing & licensing standards & procedures (FSBPT) 3) promulgate rules & regulations to further define standards of professional conduct & practice 4) investigate & adjudicate cases of alleged professional misconduct 5) administer certain special programs
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what type of law does the 3rd duty follow to develop rules & regs
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administrative law
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what is the standard for the 4th duty
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standard is preponderance of evidence when adjuncting a case
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what are the 3 special programs of duty 5
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impaired professional program reporting child abuse sexual misconduct
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5 duties of SBPT need what accreditation
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CAPTE (if not accredited have to transfer program)
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state board of examiner duties
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- establishes education criteria & qualifications to enter the profession - establishes & enforces testing & licensing standards
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1) they can license PT's which is least/most restrictive
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MOST
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licensure:
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regulatory restriction that limits health care personnel in provision of patient care
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state law defines ____ to be regulated & the educational testing requirements that must be met to engage in that practice
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scope of practice
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what is the intention
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restrict entry or practice & prevent the use of professional titles by those who lack predetermined qualifications
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what exam do you use
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national licensing exam - developed and administered bu the FSBPT
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2) Certifies PTA's
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certification is a regulatory process under which the regulatory agency attests to the educational achievements & performance abilities of persons in that field of practice
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is it less/most restrictive compared to licensure
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LESS
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indicates that the person who is certified has
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:advanced or specialized" training in that area of practice basically means advanced to an aide, athletic trainer, ex phys not board special
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PTA has to work under who
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licensed PT
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allows for public, employers, and 3rd party payers to determine what
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which practitioners are appropriately qualified in the specialty or occupation
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does it also require national licensing exam by FSBPT
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YES
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certifying PTA's became effective when
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July 4, 2008
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processing of a complaint involves what
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complaint received investigator prosecutors office direct investigation case brought up for prosecution need finding of fact
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finding of fact differs from criminal law because
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reasonable presumption of guilt not guilty beyond a shadow of a doubt
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finding of fact establishes a __
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conclusion
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issues __ or ___ based on degree of guilt/innocence
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sanction or penalty
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warning or caution sanction for
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benign, borderline activity
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fine for
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must be reasonable based on relative value
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suspend or revoke license
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goes on record
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felony, drug or alcohol offenses
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special considerations plea of nolo contendere = plea of no consent
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professional misconduct sanction =
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immediate suspension of license if charges brought to board
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PA law definitions
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-
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physical therapist =
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shall mean a person who has met all thee requirements of this act & is licensed to practice physical therapy i accordance w/this act
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physical therapy means 4 things
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1) eval, exam, dx, prognosis, intervention, outcome 2) performance of T&M to aid dx & aid tx w/modalities, manual therapy 3) use of therex & rehab procedures, assistive devices 4) reduce risk of injury, promote overall health & wellness
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mobilization/ manual therapy =
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group of techniques compromise continuum of skilled passive movements through normal PROM & varying speeds, amps w/o limitation
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certificate of authorization (direct access) =
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certificate approved by board to practice PT w/o referral
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consultation by means of telecommunication =
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communicating info to other PTs/ health care over comp/phone etc using proper protection & privacy laws
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'direct on premise supervision" =
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physical presence of licensed PT including buildings in proximity, immediately available to be a PT
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practice of PT -
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need referral from physician, nurse practitioner, podiatrist & dentist otherwise practice only PT
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if you don't have direct access certificate can only
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evaluate
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to practice w/o referral need:
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license 1/1/90 - diff dx course 10 hours on screening procedure continuous 200 hours/2 yrs on direct patient care professional liability insurance (1 mill) 30 hours CE, at least 10 focused on w/o referral
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practice requirements:
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must display certificate can't delegate care w/o PT referral refer pt to physician treat upto 30 days from 1st tx, need referral for after can't treat non-muscular,skeletal,neurological unless consulted to do so
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PTA
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met requirements of act & registered w/accordance of act - passed exam - CAPTE program
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PTA's are allowed too
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provide service specific to patient plan of care modify tx as indicated on plan respond to acute physiological state perform t&m that they educated to do
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PTAs can't
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initiate treatment, evaluation, discharge PT has to be 1st point of contact
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only progress patient
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within plan of care of PT provided
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PTA non-deligible activities
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screening mobilizations
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supervision :
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PT fully responsible - complexity & acuity of pt - proximity & accessibility - amount needed in event of emergency - type of practice setting
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direct on premise supervision of licensed PT
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acute care hospital acute inpatient rehab long term acute care hospital facility required by federal or state law or regulation
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onsite visit at least every 4 visits or every 30 days
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preschool primary school secondary school education setting early intervention setting
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independent private practice outpatient facility
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direct on premise supervision at least 50% PTA hours during week - immediately available on telecommunication if not there
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outpatient privately owned/affiliated w/hospital or healthcare system
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direct on premise supervision at least 50% PTA hours during week or by federal law - immediately available on telecommunication if not there
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home health care or practice not from above: long term care nursing, skilled nursing or extended care
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onsite visit & actively participates in tx & examination every 7 visits or every 14 days - multiple visits on same day = 1 visit
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emergency situation:
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PTA has to be certified & authorized under board
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PTA allow practice w/o onsite supervision if they:
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at least 2000 hours of exp verified by licensed PT employment as PTA at least 3 of 5 yrs when above done can do PT things when: - all working hours available or accessible in person or telecommunication - present w/in 100 mile radius of location
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licensed PT: PTA supervision ratio =
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1:3 (not more than 3)
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if supervising PT leaves who is responsible for PTA
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subsequent supervisor
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emergency situation where PT absent for not more than 2 days a month PTA can do what
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work with patients only previously worked with for duration of PTs normal operational hours
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effort should be made to get __
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supervision in the care
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licensed PT needs to record date & emergency and can use the provision no more than __ days/ calendar year
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10
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supportive personnel =
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person other then PTA who helps PTA - RN, LPN, ex phys, ATC - NOT admin people
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function of supportive personnel =
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activities that don't involve formal education of PT/PTA
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can supportive personnel carry out activities w/o on-site supervision
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NO
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supportive personnel can do what
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- prep treatment, assist during & at end of tx - application of superficial heat & cold as adjunct to tx
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reasons to refuse, suspend or revoke license
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- violated any of section 9 - obtain fraud license - engage in conduct that undermines integrity of exam & process - repeated negligence or incompetence - convicted of felony/crime of moral turpitude (includes admission of guilt, guilty verdict, plea of nolo contendere) - narcotics, drugs or alcohol - unprofessional conduct - treated or undertaken to treat human ailments otherwise than by PT - license refused/revoked in another state - fraudulent, deceptive in violation of this act - failed to support PTA/ personnel - knowingly allowing unlicensed to carry out practice
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if license is revoked, board shall not reinstate license & will have to wait after a __ year period
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5
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penalties: fine min __ max __, imprisonment min days __ max days __ or __
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$500, $1000 30, 90 both
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additional offenses fines & imprisonment terms
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not less than $1000 not 1 year
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3 certain special programs:
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impaired professional program reporting child abuse sexual misconduct
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impaired professional program
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- help alcohol & drug abuse professionals - licensees can come forward & get help from approved rehab program - board can dismiss & defer if making satisfactory progress - (doesn't apply if convicted under felony or drug act)
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reporting child abuse
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- required to report it - people report it to person in charge & they are responsible - photos if clinically indicated (radiological exam or other medical tests)
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immunity from civil & criminal liability:
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PT or PTA, who reports in good faith, cooperates w/investigation, testifies in a proceeding
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mandatory training & CE in child abuse recognition & reporting requirements enacted by
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bureau of professional & occupational affairs funeral directors health-related licensees
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for people applying for initial license need __ hours of approved training
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3
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people renewing license need __ hours of approved training (effective if 1st renewal > 2015)
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2
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sexual misconduct provisions
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- defines PT/PTA professional relationship w/patient - defines sexual impropriety - ineligible for rehab if conduct in sexual violence - begins w/1st prof conduct or consultation - ends w/ discharge or discontinued service
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CE requirements: Jan 1,2013 effective
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- biennial renewal period - 30 contact hours of CE - @ least 2 hours in law or ethics applicable to PT - waivers for physical disability, illness or undue hardship - don't need to complete CE during 1st biennial period after being licensed
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professional liability: effective Jan 1, 2013
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- need it for minimum of $1,000,000 per claim coverage provided through: - self-insurance that meets insurance in PA - personally purchased prof liability - prof liability purchased by employer - similar type of insurance
