Ptbc California Law Exam The - Flashcards

Q: Definition of PT

\"art and science of physical or corrective rehab of any bodily or mental condition of any person by use of physical, chemical or other properties of heat, light, water, electricity...active, passive and resistive exercise and shall include PT evals, treatment planning, instruction and consultative services\"

Q: ARTICLE 1: Admin - Members of the Board

1 PT involved in PT education, 3 PT\'s with 5 years experience, 3 public members who aren\'t licentiates of the board or any other medical board (CA citizen, not school faculty)

Q: ARTICLE 2: General Provisions - Misc

Pt\'s records are held for no less than 7 years following D/C -Records of minors are held for 7 years or 1 year after minor turns 18 -PT cannot diagnose disease -PT\'s cannot provide prognostic interpretation of data

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Definition of PT

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"art and science of physical or corrective rehab of any bodily or mental condition of any person by use of physical, chemical or other properties of heat, light, water, electricity...active, passive and resistive exercise and shall include PT evals, treatment planning, instruction and consultative services"

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ARTICLE 1: Admin - Members of the Board

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1 PT involved in PT education, 3 PT's with 5 years experience, 3 public members who aren't licentiates of the board or any other medical board (CA citizen, not school faculty)

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ARTICLE 1: Admin - Terms

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Appointed 4 years, exp. on June 1 1 public and 4 PT members appt'd by governor Cannot serve more than 2 consecutive terms

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ARTICLE 1: Admin - Meetings

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1 regular meeting annually in Sacramento, LA or SF

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ARTICLE 1 Admin - Members Duties

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May inspect PT facilities May review pt charts Can suspend and revoke licenses (notice must be given

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ARTICLE 2 General Provisions

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The use of roentgen rays/radioactive materials or electricity for surgical purposes is not authorized

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ARTICLE 2: General Provisions - Topical Medications

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Can apply but CANNOT prescribe medications (require MD referral)

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ARTICLE 2: General Provisions - Neuro Re-Ed

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Can perform tissue penetration for evaluation neuro performance Only if authorized by MD and PT has certification

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ARTICLE 2: General Provisions - Misc

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Pt's records are held for no less than 7 years following D/C -Records of minors are held for 7 years or 1 year after minor turns 18 -PT cannot diagnose disease -PT's cannot provide prognostic interpretation of data

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ARTICLE 3: Licensing of Practitioners - PT Aide

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-Observation, transport, physical support only during gait training/transfers -Under direct, continuous and immediate PT supervision at all times

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ARTICLE 3: Licensing - Applicants

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Qualifications: -Over 18 years old -Not addicted to drugs/alcohol -Completed schooling -No crimes (constituting denial of license)

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ARTICLE 3: Licensing - Applicants

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Reciprocity Applicant (Foreign) Issue license without written exam IF: -licensed in another state deemed equal/higher than CA -graduated PT Edu program -files an app and meets requirements -may need oral exam if issued only a certificate -has PTLA

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ARTICLE 3: Licensing - Graduate Practice

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-PTLA in effect until regular, renewable license is issued or licensure denied by board -Upon failure, PTLA cannot practice PTLA good for 90 days -PTLA is under direct and immediate supervision of PT

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ARTICLE 4: Edu Standards

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- School accredited by CAPTE of APTA -Completed at least 18 weeks of full-time clinical experience w/ variety -During internships, use "PT student"

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ARTICLE 4: Edu Standars - Foreign schools

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- if from foreign school, submit docs to prove equivalence, pass written exam, complete 9 months clinical service - During those 9 mod, can work as PTLA - Same req's apply to American student from non-accredited school

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ARTICLE 4.5: PTA

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1 PT: 2PTAs -board may permit more if adequate supervision available BUT - # of PTAs never exceeds 2X # of PTs

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ARTICLE 4.5: PTA

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-Same req's as PT, same reciprocity - must take law exam -VIOLATION OF FALSE IDENTITY IS A MISDEMEANOR -Issued PTAA upon graduation to work (like PTLA)

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ARTICLE 5: Suspension of License

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Can suspend for 12 months for: -Wrongful ads, fraud,impersonating a PT -Negligence, verbal/sexual harassment/abuse -Habitual intemperance (alcholism) -Not following infection control guidelines

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ARTICLE 5: Reinstatement

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Person whose license has been revoked can petition for reinstatement after: -Unprofessional contact: 3 years -Early termination of prob: 2 years of prob -Mental or physical illness: 1 years of prob Petition must include 2 letters from PTs Petition not considered while under sentence for criminal offense

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ARTICLE 5.5: Diversion Program

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Alcohol/drug rehab for PT/PTAs -Diversion committee evaluates -3 members -Has previous experience in substance abuse edu -Board considers appt'ing MD certified in psych -Term is 4 years

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ARTICLE 6 Offenses and Enforcement

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Violations = misdemeanor: fine not exceeding $1000 or imprisonment in county jail <6 months or both

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ARTICLE 7: FIscal Administration

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Within 10 days of each calendar month, all reports go to state controller - accredited PT fund -Any license or approval for PT shall expire at midnight on last day of birth month of licensee

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ARTICLE 7: Fiscal Administration

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-Renewal of license with form and fee (at this time report any misdemeanor or crime) -60 days notice of expiration of licensee -App fee: no more than $75 (foreign PTs: $125) -Initial licensing fee: no more than $150 -Renewal fee: No more than $150

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ARTICLE 7: Fiscal Administration

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-License Register: name of every licensee, place of residence, date and # of disciplinary action -Deliquency fee = 50% of rental fee -Electromyography cert fees -$200 or $5000 for re-exam and re-cert -If board increases fee, must get approval of legislature

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ARTICLE 8: Physical Therapy Corp

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-The name of the PT corp should have "physical therapy" or "physical therapist" in it -Each shareholder/director/officer should be licensed PT (except secretary) -Shareholder rendered disqualified - does not get profit -Corp regulations should include bylaws of stock and adequate insurance coverage

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CALIFORNIA CODE OF REGULATIONS

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-each licensee must give residence change 30 days after move -All PT aides/apps/students must wear name tag with 18 point font -Licensee denied if fails to take exam within 1 year of original notice -App deemed abandoned if applicant fails to pay initial licensee fee within 5 years of board notification

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CALIFORNIA CODE OF REGULATIONS

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Foreign applicants: -submit quarterly reports 15 days after each 3 month clinical service -Supervising PT must be in same facility -CCCE and CI must be APTA certified -3/9 mos of clinical service is waived if Law and Ethics course is taken -1 month waived for each month of licensed clinical practice in another state up to required 9 mos

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ARTICLE 3: Physical Therapy Schools

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-"Student" termed during academic course work -"Intern" termed after completed coursework -PT student/intern docs signed by CI on SAME DAY -Require on-site supervision

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ARTICLE 4: Physical Therapy Assistant

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-Supervising PT should be available in person/on phone at all times -PT will periodically provide observation of pt care -PT will evaluate, treatment/goals and reveal -POC communicated verbally/in writing to PTA before PTA treats pt

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ARTICLE 4: Physical Therapy Assistant

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-Within 7 days of PTA care, PT shall review, cosign and date all documentation by PTA and conduct weekly case conference and document in record -Within 7 days of D/C, PT documents it along with signature and patient's response to treatment

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ARTICLE 4: Physical Therapy Assistant

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Education Equivalents for PTA's: -Military training in hospital and PTA course including min 550 hour of courses, 350 clinical experience -Combo of training and 36 mos of full-time work experience in PT, 30 semester of instruction, 18 mos PT work -60 months of full-time PT experience, 30 months experience in acute care

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ARTICLE 5: PTA Schools

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-PTA schools accredited by US Dept of EDU -PTA student/intern supervised by PT, PTA can be CI of PTA student -CI cosigns same day, plus weekly conferences with supervising PT

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ARTICLE 6: PT Aides

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-Aide signs for patient related tasks with PT cosign -PT in same facility, providing continuous, direct and immediate supervision -AIde cannot soley treat patient

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ARTICLE 7: Practice by PTLA

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-Same day cosign with immediate supervision -Supervising PT documents receipt of PTLA and records expiration date -All duties cease if PTLA fails exam

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1

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Physical Therapy Practice Act - Chapter 5.7, of division 2, of the Business and Professions Code

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2

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California Code of Regulations Title 16, Division 13.2 - Physical Therapy Regulation Code

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3

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Related Laws and Regulations - Business and Professions Code of California

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4

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California Constitution

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5

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Code of Civil Procedure

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6

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Corporations Code of California

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7

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Family Code Section

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8

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Government Code: Penal Code Welfare & Institution Code

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The Physical Therapy Act Updates

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Updated 1/1/2014 Passage of SB198: Key provisions clarifying PT responsibility to manage patient care and added licensure renewal exemptions Passage of AB1000: Direct access to physical therapy care

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Article 1

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Administration & General Provisions (2600-2615)

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Article 2

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Scope of Regulation & Exemptions (2620-2634)

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Article 3

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Qualifications & Requirements for Licensure (2635-2639.1)

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Article 4

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Renewal of Licenses (2644-2649)

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Article 5

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Educational Standards (2650-2654)

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Article 6

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Enforcement (2660-2661.7)

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Article 7

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Substance Abuse Rehabilitation Program (2662-2669)

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The Physical Therapy Act Article 1- Administration & General Provisions

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Physical Therapy Board 2602.1 Priority of the Board 2603 Composition 2603.5 Qualification of public members 2604 Terms of membership 2605 Duties 2606 Compensation 2608 Power to suspend or revoke licenses 2611 Meeting and hearings

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The Physical Therapy Act Article 2- Scope of Regulation and Exemptions

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Defines Physical Therapy (2620) Art & Science of physical or corrective rehabilitation Directed to any bodily or mental condition Use of physical agents, massage, exercise Includes evaluation, planning, instruction and consulting as well a fitness/ wellness Does not authorize diagnosis of disease

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The Physical Therapy Act Article 2- Scope of Regulation and Exemptions cont.

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Provision for Direct Access to PT (2620.1) Any person can directly seek PT care Must refer if beyond scope of practice fail to progress Discloser of financial interest Notify the patient's physician of treatment Limited to 45 days and/or 12 visits Patient must sign and date disclosure first Continued care requires in-person exam

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The Physical Therapy Act Article 2- Scope of Regulation and Exemptions cont. again

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2620.3 Use of topical medications 2620.5 Standards for needle EMG 2620.7 Maintenance of patient records 2622 PT is responsible for managing all aspects of the care , includes limits on supervision of Aides ; PTA's 2630 Title of physical therapist 2630.3 PTA limits and supervision 2630.4 PT Aide description & supervision

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The Physical Therapy Act Article 2- Scope of Regulation and Exemptions cont. again again

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2630.5 Exemptions from licensure requirements 2633 Restrictions on use of title "physical therapist" and use of "P.T." Restriction on use of "Dr." by PT's 2633.5 Restrictions on use of PTA 2633.7 "Physical therapist student"

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The Physical Therapy Act Article 3- Qualifications and Requirements for Licensure

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2635 Qualification of license applicant 2636 Requirement for Licensure - Completion of educational coursework - Passing score on PT exam - Passing score on CA state law exam 2636.5 Requirement for filing for reciprocity. 2638 Right to retake the exam if failed. 2639 PTLA status and limitation defined. 2639.1 Alternate path for PTA applicants

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The Physical Therapy Act Article 4- Renewal of Licenses (2644 - 2649)

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2644 - 45 License expiration ; renewal 2646 Renewal of license, less than 5 year expired 2647 Renewal of license, after 5 years expired 2648 Exemptions from renewal fee 2649 Continued Competency

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The Physical Therapy Act Article 5- Educational Standards

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2650 Education requirements for PT and PTA 2651 Establishes the criteria of CAPTE as meeting the standards for the Board. 2652 Guidelines for foreign trained physical therapists seeking licensure 2653 Provision for unqualified, foreign trained license applicant to take PTA exam

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The Physical Therapy Act Article 6- Enforcement

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2660 Unprofessional Conduct defined 2660.1 Sexual activity limitations 2660.2 Disciplinary and options for unprofessional conduct. 2660.3 Public Letter of Reprimand 2660.4 Failure to provide records 2660.5 Registered sex offenders 2660.7 Subverting the Examination Process 2661 Guilty pleas, verdicts and No Contest 2661.5 Cost recovery 2661.6 Probation 2661.7 Appeals Process

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The Physical Therapy Act Article 7- Substance Abuse Rehabilitation Program

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2662 Program to rehabilitate PT and PTA's addicted to Alcohol or drugs. Goal to return the practitioner to practice in a manner that will not endanger the public health and safety. 2663 -6 Program establishment 2667-8 Confidentiality and cost recovery 2669 Not a defense before the Board

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The Physical Therapy Act Article 8 - Offenses Against This Chapter

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2670 Violation of any provision in this chapter is a misdemeanor $1000 fine 6 months in jail Both 2672 Injunctions Restraining conduct by any County Superior court may be initiated by an application from the Medical Board, or 10 or more licensed PT's.

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The Physical Therapy Act Article 9 - Fiscal Administration

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2680 Records on licensees 2681 - 87 Physical Therapy Fund 2688 - 89 Fee assessment

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The Physical Therapy Act Article 10 - Physical Therapy Corporations (2690 - 2696)

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2692 Physical therapy corporations are bound by the same statutes and regulations that bind the person holding the license under this chapter. 2693 Naming of Physical Therapy Corporations 2694 Ownership of Physical Therapy Corporations

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Physical Therapy Regulations California Code of Regulations (1398 - 1399.99)

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1398.6 Filing of Addresses 1398.10 Advertising 1398.11 Identification tags requirements 1398.13 Patient Record requirements 1398.21.1 Failure to pass examination 1395.26.5 Clinical service requirements for foreign trained practitioners. 1398.37 Identification of students and interns 1398.44 Supervision of the PTA 1398.47 Equivalent training or experience: PTA

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Physical Therapy Regulations California Code of Regulations (1398 - 1399.99) cont

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1399 Requirements for use of Aides 1399.10 Supervision of PT license Applicants 1399.20 Substantial Relationship Criteria 1399.25 Administrative Citations 1399.35 Requirements for Professional Corps. 1399.50 Outline of Physical Therapist Fees 1399.60 EMG Certification defined 1399.75 -79 Topical Medication regulations 1399.90-99 Continued Competency

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Related Laws ; Regulations Highlights

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Disclosure of "significant beneficial interest" (B ;P Code: 654.2) Excessive prescribing or treatment (B;P Code:725) Insurance fraud (B;P Code: 810) Prominent display of license (B; P Code: 680 -680.5)

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Penal Code Highlights

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Report of injuries (Penal Code: section 11160) Child Abuse and Neglect Reporting Act (Penal Code 11164 - 11174.3) Sexual Assault Sexual exploitation Neglect (Penal Code: section 11165.2) Severe neglect General neglect Mandated Reporter (Penal Code: section 11165.7)

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PART ONE

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BUSINESS AND PROFESSIONS CODE

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Article 1: Administration Members of the Board

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1) 1 PT involved in PT education, 2) 3 PTs with 5 years experience, 3) 3 public members who aren't licentiates of the board or any other medical board (CA citizen, not school faculty)

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Priority of the Board

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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.

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Terms of Serving on the Board

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1) Appointed 4 years, exp. on June 1 2) 1 public and 4 PT members appt'd by governor 3) Senate Rules Committee and speaker of assembly each appoint 1 public 4) Members of the Board elect a president 5) Board may elect an executive officer to exercise the duties required 6) 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 3) Cannot serve more than 2 consecutive terms

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Qualifications of Public Members

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- 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

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Meetings

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1 regular meeting annually in Sacramento, LA or SF or from time to time till business is complete

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Duties of the Members of the Board

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1) May inspect PT facilities 2) May review patient charts 3) Can suspend and revoke licenses (notice must be given)

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How is this Chapter cited?

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This chapter may be cited as the Physical Therapy Practice Act

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Public Employees

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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

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Article 2 General Provisions Definition of Physical Therapy

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"art and science of physical or corrective rehab of any bodily or mental condition of any person by use of physical, chemical or other properties of heat, light, water, electricity...active, passive and resistive exercise and shall include PT evals, treatment planning, instruction and consultative services"

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ARTICLE 2 General Provisions

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- NOT ALLOWED: - use of roentgen rays/radioactive materials for diagnostic or therapeutic purposes - electricity for surgical purposes is authorized - diagnosis of disease not under Physical Therapy - can apply topical meds if comply with regs and administration act (conferred with Medical Board of California as to which ones and protocols; but NOT prescribe them

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Neuromuscular evaluation

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1) Can perform tissue penetration for evaluation neuro performance 2) Must have authorization from MD/surgeon 3) PT must be certified by the board 4) PT CANNOT develop or make diagnostic or prognostic interpretations of data obtained (violation of the Medical Practice Act)

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Minimal Time that Patient Records must be kept for

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7 years. 1) Patient records shall be kept for a period of no less than 7 years following the discharge of the patient 2) 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

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Documentation

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- evaluation, goals, treatment plan, summary of treatment - any actual intervention given - sign legibly

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PTs cannot do what

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1) PTs cannot diagnose disease 2) PTs cannot provide prognostic interpretation of data 3) PTs cannot prescribe medicines 4) Perform medicine, surgery or any other healing art

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PT Aide Duties ; Regulations

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PT may use 1 aide to assist in PT 1) Patient related - services directly to the patient, excluding non patient related tasks 2) 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

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Who is allowed to use "P.T."and "D.P.T."

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1) Only a licensed PT can use the letters "P.T." 2) 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 3) Can use DPT, PhD or EdD as appropriate with approved doctoral degrees 4) WASC approval for doctoral degree for accreditation

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PT Applicant Qualifications

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1) Over 18 years old. 2) Successful education and training. 3) Not addicted to drugs/alcohol. 4) No crimes (constituting denial of license).

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Examinations required before licensing

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1) Laws & regulations to the practice of PT. 2) National Physical Therapy Examination

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Requirements for Reciprocity Applicant

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Requirements for being issued a license without a written examination 1) Licensed in another state, district or territory 2) Graduated PT Edu program deemed equal/higher than CA, passed NPTE or equivalent (and or met the requirements for foreign applicants if applicable) 3) Files an app and meets requirements 4) Application based on a license certificate from another state - May need oral exam and present file of past work to board 5) May perform as a PTLA while waiting for license (from receipt of application till license - only for 1 st time applicants)

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Conditions of Graduate Practice as a PTLA

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- Letter of authorization after completing approved course and applied to board for 1st time - will be able to be PTLA PTLA in effect until regular, renewable license is issued or licensure denied by board. - Upon failure or license denied by Board, licensee can no longer practice as a PTLA - only allowed to practice as PTLA once - PTLA is under direct and immediate supervision of PT - not considered a graduate till passed all training and clinical internships required for graduation - if fail to take next succeeding exam, fails to pass or obtain a license - all priviledges of PTLA are lost - if Computerized test - 90 days to do exam plus all above requirements and procedure.

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Article 3 Education

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- 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.

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What is a PT student's title during Clinical Internship

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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

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Requirements for applying for license if foreign trained or not in an approved US program

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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

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Article 4.5 PT Assistant Supervision of PTA

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1) 1 PT: 2PTAs 2) Board may permit more if adequate supervision available if public health and safety served 3) # of PTAs never exceeds 2X # of PTs 4) Onsite & adequate supervision

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PTA - Qualifications

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1) Successfully pass examination 2) Completed appropriate education and training 3) Not addicted to drugs/alcohol. 4) No crimes (constituting denial of license).

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Requirements for being issued a PTA license without a written examination

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1) Licensed in another state deemed equal/higher than CA 2) Graduated PTA Edu program (CAPTE/APTA) 3) Files an app and meets requirements 4) First time applicant - qualify as PTAA

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Violation of False Identity

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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.

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Article 5 : Suspension, Revocation and Reinstatement of License) Cause for Suspension of License

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Suspend for not more than 12 months, revoke, or impose probationary conditions upon any license, certificate, for unprofessional conduct -Wrongful ads, fraud in obtaining a license, impersonating a PT -conviction of violating this Act or Medical Practice Act or helping others to do so - or others to practice unlawful PT - procuring or aiding or offering to aid and procure in criminal abortion. -conviction of a crime that may effect role as a therapist (including fraudulent, dishonest, corrupt acts) - Gross negligence, verbal/sexual harassment/abuse -Habitual intemperance (alcoholism); addiction to drugs -Not following infection control guidelines

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Sexual activity

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A patient, client, or customer of a licentiate is conclusively presumed to be incapable of giving free, full, and informed consent to any sexual activity which is a violation of Section 726.

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Requirements for issuance of a probationary license to applicants

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Board may refuse a license to any applicant guilty of unprofessional conduct or sexual activity referred to in Section 2660. A probationary license may be issued to any applicant for a license who is guilty of unprofessional conduct but has met all other requirements pending: 1) Medical or Psychiatric evaluation 2) Continuing medical or psychiatric treatment 3) Restriction of the type or circumstances of practice 4) Continuing Rehab program 5) Abstentation from alcohol or drugs 6) Random fluid testing 7) Compliance with laws and regs governing PT

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Time of Notification for Issuance of Public Letter of Reprimand

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30 days. 1) The board shall notify licensee to issue letter 30 days in advance. 2) Licensee should agree to letter 15 days in advance 3) If licensee does not agree to the letter the Board may proceed to formal accusation

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Purpose and Disclosure of Public Letter of Reprimand

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1) Used for only minor violations in place of filing prosecution or accusation 2) Disclosed to an inquiring member of the public 3) Posted on board's website and disclosed to an enquiring member of the public

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Penal code

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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.

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Conviction of crime

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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).

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Recovery of Investigation ; Prosecution costs

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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 2) For a person with financial hardship, license may be conditionally re- instated for 1 year in order to assist with reimbursement (formal agreement)

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Probationary monitoring

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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.

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Petitions for reinstatement of license

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If license has been revoked or suspended, probation, may petition the Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum periods has elapsed: 1) At least three years for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years. (2) At least two years for early termination of probation of three years or more. (3) At least one year for modification of a condition, or reinstatement of a license or approval revoked for mental or physical illness, or termination of probation of less than three years. - require facts presented by the Board - verification of 2 license PT of activity - may use an administrative law judge to decide - may consider all activities since the disciplinary action was taken, the offense , the petitioner's activities during the time the license was in good standing,rehabilitative efforts, general reputation for truth, and professional ability. - not considered if under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. - No petition shall be considered while there is an accusation or petition to revoke probation pending against the person. - The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.

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Article 5.5 Diversion Program Legislative Intent of Diversion Program

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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.

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Composition of Diversion Program Board Members

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-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

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Duties of Diversion Program

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1) Evaluate eligibility of PTs and PTAs and make recommendations, also consider any recommendations from professional consultants 2) 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. 3) Review ; designate treatment facilities 4) Hold a general open, meeting at least twice a year to evaluate program's progress and report to the board on proposals 5) Assess the return of participant in diversion program to safely resume PT practice

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Criteria for being able to enter diversion program

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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. - shall agree in writing to cooperate with all elements of the treatment program designed for him or her. - may be denied participation in the program if the board, the program manager, or a diversion evaluation committee determines that the applicant will not substantially benefit from participation in the program or that the applicant's participation in the program creates too great a risk to the public health, safety, or welfare. (b) A participant may be terminated from the program for any of the following reasons: (1) The participant has successfully completed the treatment program. (2) The participant has failed to comply with the treatment program designated for him or her. (3) The participant fails to meet any of the criteria set forth in subdivision (a) or (c). (4) It is determined that the participant has not substantially benefited from participation in the program or that his or her continued participation in the program creates too great a risk to the public health, safety, or welfare. - if denied entry to program or not completed successfully Whenever an applicant is denied participation in the program or a participant is terminated from the program for any reason other than the successful completion of the program, shall be reported, with documents to the executive officer of the board, with possible disciplinary action. (c) In addition to the criteria in (a), the board may set forth in its regulations additional criteria for admission to the program or causes for termination from the program. - participant to pay fee - 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.

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Article 6 ; Offenses and enforcement Violations are a misdemeanor

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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 ;6 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.

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Article 6.5 Continuing education and competency

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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

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Article 7 Fiscal Administration Reports to Fiscal Administration

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The Board reports within 10 days of each calendar month to state controller: - Accredited PT fund - List of persons seeking to be licensed

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When does the license expire? When must an expired license be renewed?

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- 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

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Fiscal Administration keeps records about licensee regarding:

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-License Register: 1) Name of every licensee 2) Place of residence 3) Date and # of his/her license 4) Any disciplinary action

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Fiscal money procedure

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Within 10 days after the beginning of each calendar month the board shall report to the State Controller the amount and source of all collections made from persons licensed or seeking to be licensed and pay all such sums into the State Treasury, where they shall be credited to the Physical Therapy Fund.

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Fee Schedule for Application, Licensing ; Renewal Fee

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-Application fee: -Licensing fee: $125 / $200 (foreign) -License issue - $100 -Renewal fee: $200 after April 2009 - expires midnight last day of birth month during the 2nd year of a 2 year term - pay fee, submit CE info, and admit any offenses (found guilty, pleaded guilty or no contest) - within 5 years can renew if meet above and pay all the unpaid fees - establish by regulation suitable application and renewal fees of not more than two hundred dollars ($200), for persons certified to perform electromyographical - board shall charge an examination and reexamination fee of $500 to applicants who are examined and who have been found to otherwise meet the board's standards for certification.

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ARTICLE 8 Physical Therapy Corp Definition of Physical Therapy Corporations

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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.

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PT Corporation Name

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The name of the PT corp should have "physical therapy" or "physical therapist" in it and wording or abbreviations denoting corporate existence.

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Qualification of Directors & Officers of PT Corporation

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Each shareholder/director/officer should be licensed PT (except secretary and assistant treasurer)

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Income of PT Corporation

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Shareholder rendered disqualified - does not get profit

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Regulations of PT Corporation

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Corp regulations should include: 1) 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) 2) adequate insurance coverage

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BREATHE

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Next....

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PART 2

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PHYSIOTHERAPY REGULATIONS

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Notice of Address/Name Change required within:

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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.

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Advertising

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- advertising provision of any services authorized by a PT, in keeping with Section 651 code and not promote, excessive unnecessary use of such services

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Information documented in Patient Records (by PT)

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PT shall document & sign the following information: 1) Exam & Eval (and reexam/reeval) 2) Diagnosis/Prognosis 3) Interventions 4) Treatment plan & modification of POC 5) Each treatment provided by PT or PT aide 6) D/C summary

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Notice to consumers

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- PT provide Form NTC 12-01 teach patient - notice can be provided by - displaying form NTC 12-01 to prominently or giving patient a copy of the form - acknowledgement signed, dated by patient or rep in patient records.

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Information documented in Patient Records (by PTA)

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PTA shall indicate in the patient record: 1) Date & nature of service provided 2) Name & title of any individual who provided such service - not include 'non-patient related care'

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Identification Name Tag needed for PT Aide, Intern, & Applicant

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All PT aides/apps/students must wear name tag with 18 point font

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Article 2

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Applications and Examinations

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Identification & Supervision of Students & Interns

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1) Students shall only be identified as physical therapist student/intern 2) Must wear identification tag 3) CI must provide ON SITE supervision 4) CI shall countersign all entries in the patient's record on the same day as patient related tasks were provided by the student

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Time given to pass NPTE before license application is denied

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1 year from original notice Application for licensure can be denied when an applicant fails to pass the examination within 1 year from the date of original notice - can re-apply for new application with fees.

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Time given to pay initial license fee before application is considered abandoned

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5 years. An application is deemed abandoned if applicant fails to pay initial license fee within 5 years and any examination not passed . Can be eligible again for licensure upon re-exam and filing updated application - application can also be considered 'abandoned' if the not competed application, incomplete documents or additional info, payment of fees.

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Processing Time for PT applications (apply to those who take and pass the exam within 60 days from ATT)

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1) Shall inform applicant of complete application within 30 days 2) Inform applicant about completion of examination requirements within 60 days 3) Minimum processing time ~ 46 days 4) Median processing time ~ 88 days 5) Maximum processing time ~ 365 days

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Credential evaluation services (requirements)

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1) Use of PT consultants in the US and used in an advisory capacity to review individual for comparability with US training 2)Service can document the experience of tis employees by producing positive letters from other state licensing agencies, educational inst. or prof. organizations 3) Able to submit a report, whether foreign trained PT is equivalent and is entitled to practice in own country as PT.

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Documentation of equivalence degree for licensure FSBPT CWT

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- transcripts, credential review authenticated by official PT program, all submitted direct to agency. - translated - if instances beyond control and applicant can't provide all info - the Board may use their discretion and accept other docs - CA accept CWT based on year of qualifying

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Clinical Service Requirements for Foreign Educated Applicants

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1) At least one supervising PT (APTA certified clinical instructor) must be ONSITE in the same facility (center co-ordinator of clinical education and/or clinical instructor) approved by Board, even if licensed in another jurisdiction 2) Applicant must be evaluated using the PT CPI - report that the PTLA has skills to perform any PT exam or procedure in Ca healthcare system. 2 evaluations - midway and end to form report 3) Complete 9 months of clinicals 4) 3/9 mos of clinical service is waived if Law and Ethics course is taken or if 4 CE units in ethics by Board approved CE site 5) 1 month waived for each month of licensed clinical practice in another state up to required 9 mos

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Processing time for foreign applications (apply to those who take exam within 60 days of ATT)

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1) Shall inform applicant of complete application within 30 days 2) Inform applicant about completion of examination requirements within 150 days 3) Minimum processing time ~ 95 days 4) Medial processing time ~ 400 days 5) Maximum processing time ~ 550 days

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Processing time for PTA Applications

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1) Shall inform applicant of complete application within 30 days 2) Inform applicant about completion of examination requirements within 60 days 3) Minimum processing time ~ 67 days 4) Medial processing time ~ 127 days 5) Maximum processing time ~ 166 days

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Article 3

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Physical Therapy Schools

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Approved schools

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On file Sacramento - kept by executive officer and accredited by a National association or agency recognized by Council on Post Secondary Education and or Dept. Of Educ. (both the institution and program) - teaching programs not< than 1400 hours may be established in hospitals for those meeting requirements of 2650 business and prof code and the program is accredited

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Supervision required for PTA

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1) Supervising PT should be ONSITE 2) PT must provide "adequate supervision" including ability to communicate in person/on phone at all times 3) PT will periodically provide observation of pt care 4) PT will evaluate, treatment/goals and reveal 5) POC communicated verbally/in writing to PTA before PTA treats patient

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Criteria for approval of PT facilities for foreign trained clinical service

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1) PT facility completes a form entitled CLINICAL SITE 2) Info form (CSIF) - APTA; certifying facility has staffing, clinical instructors, experience to provide PTLA 3) CSIF to board, with Board's notice of Intent to Supervise a foreign educated student (F1B).

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Students and Interns

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Students = academic training Intern= completed coursework - onsite supervise by supervisor of CI of assigned patient care to student or intern - document each treatment with signature. CI countersign first initial and second name, all entries ON THE SAME DAY.

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ARTICLE 4

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PTA

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Duties of PTA

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1) Notify the PT of record 2) Document in patient record any change in patient's condition not within planned progress 3) Document any change in patient's general condition 4) Document date, service, name ; title

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PTA supervision

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Supervising PT available at all times, phone or in person PT periodic observation pt care PT evaluate, form Rx goals, and reveal POC -Document communication verbally and in writing to PTA BEFORE PTA Rx's patient

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When is Co-signature of PTA documentation needed

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within 7 days. 1) Within 7 days of PTA care, PT shall review, cosign and date all documentation by PTA and conduct weekly case conference and document in record 2) Within 7 days of D/C, PT documents patient discharge along with signature and patient's response to treatment

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Education considered 'equivalent training' for PTA

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Education Equivalents for PTA's: 1) Military training in hospital and PTA course including min 550 hour of tech courses related to PT, 350 hours clinical experience 2) Combo of training and 36 mos of full-time work experience in PT, 30 semester of instruction, 18 mos PT work in acute care facility 3) 60 months of full-time PT experience, 30 months experience in acute care + education a/a. 4) Supervised by an PT license or approved out of state PT. 5) Work experience obtained in past 10 years, one half obtained in last 5 years of application. 6) General education requirements

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Supervision of PTA 'Adequate' supervision defined

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- PT responsible at all times for PTA and services provided and must ensure that PTA does not practice autonomously - PT responsible to follow progress of each patient, and which elements of treatment plan may be assigned - PT who performs the initial evaluation, will be the PT of record unless re-assigned - with a written transfer system to succeeding PT - PT of record provides supervisor and direction, PTA should identify and be in communication with PT of record at all times during treatment of a pt

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Supervison PTA (continued)

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A PTA CANNOT - perform measurements, data collection, or care prior to PT evaluation - document patient evaluation and reevaluation - write a discharge summary - establish, change plan of care - write progress notes to another professional (exc daily chart notes) - be sole PT rep. responsible in meeting where patient's plan of care is assessed or modified - supervise a PT aide performing pt related tasks - provide treatment if the PTA holds management position in the PT business where care is given (control or influence of scheduling, hiring or firing

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ARTICLE 5

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PTA SCHOOLS

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Criteria for schools and definition of PTA students and interns, name badge

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AS PER PT schools - supervise by PT supervisor or PTA under supervision of a PT may perform as clinical supervisor - PT onsite supervision, immediate - PTA student or intern document each treatment , sig, CI countersign, first initial and last name; ON THE SAME DAY as patient related tasks performed. - supervising PT conduct a weekly conference and document in record.

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ARTICLE 6

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PT AIDES

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PT aide

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- unlicensed - patient and non patient related tasks - PT evaluate and record aides' level of competency, for performing the patient related task. Record of competencies - pt related - PT service direct to patient excluding non pt related tasks 9 obsv of pt, transport of pt, physical support only during gait and transfers, housekeeping and clerical and similar).

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Under orders and immediate supervision means-

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-evaluation of patient by PT prior to pt related tasks assigned to aide -PT formulate Rx program based on naval and any other info, determine patient related tasks assigned to aide that can be performed safely and effectively - responsible at all times for the conduct of the aide, - continuous and immediate supervision of aide - same facility, immediate proximity pt related tasks - able to give immediate advice, instruction or intervention - at some point in day, give PT will give direct service to the patient, as treatment or eval and or monitor progress - PT make the necessary periodic adjustment in patient treatment program, documented.

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Article 7

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Practice by Applicants

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Supervision PTLA

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- direct and immediate supervision - PT responsible - close proximity to location where PTLA is Rx patients. - document Rx, signature - PT countersign with initial and second name ON THE SAME day as patient related tasks provided - PT shall document receipt of letter authorizing PTLA and record of expiration, in employee record - PT require documentation of the license then issued at end of PTLA status. -if fail exam, all priviledges of PTLA are lost. Unprofessional conduct if PT allows PTLA to continue to work. - PTA LICENCE applicants - same as above, but supervising PT will also conduct a weekly case conference, and document this in the case record

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Model guidelines for issuing citations and imposing discipline

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In deciding to impose a disciplinary action the board shall consider these guidelines from 2009. - Board can deviate from its rems of probation, orders, guidelines with discretion - e.g. mitigating factors, age,

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Issuance of an initial probationary license

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- delegated to exec officer or board president, VP - use terms and conditions as per point 91

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Article 8

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Discipline and reinstatement of license

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Substantial Relationship Criteria for denial, suspension, or revocation of a license

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Denial, suspension, or revocation of a license shall be considered if the person commits a crime that is substantially related to qualifications, functions, or duties of a license holder, - if it presents strong evidence of present of potential unfitness of a person too perform function - for safety, PH, or welfare. Incl: 1) Conspiring to violate directly or indirectly any term of the Physical Therapy Practice Act. 2) Conviction of a crime involving fiscal dishonesty 3) Violating any term of the Medical Practice Act

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Rehabilitation Criteria for Suspensions or Revocations of Licensure

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When considering the SUSPENSION/REVOCATION OF A LICENSE, criteria for evaluating the rehabilitation of the applicant and his/her present eligibility for a license are: 1) Nature & severity of the act 2) Total criminal record 3) Time that has elapsed since offense 4) Extent to which the applicant has complied with any terms of parole, probation, restitution 5) Evidence of any rehabilitation submitted by the licensee 6) Evidence if any of expungement proceedings to the section of Penal Code

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Required Actions against Sex Offenders

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If an individual is required to register as a sex offender, or the equivalent in another state, or territory or military of referral law - the admin law judge shall the proposed decision is to: 1) Promptly revoke the individual's license - not stay the revocation or allow probation 2) Not reinstate or reissue the individual's license Not apply to the following: - those relieved of their duty to register , or terminated under CA law, or the law of the area requiring jurisdiction, - Board can discipline - those required to register sole because of a misdemeanor under the Penal code - though Board can use its discretion to discipline a licensee -

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Provisions considered Unprofessional Conduct

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The following provisions are considered "unprofessional conduct": Allowing the following in an agreement to settle a civil dispute from PT practice: 1) Prohibiting the other party from filing a complaint with the board 2) Asking the other party to withdraw the filed complaint 3) Prohibiting the other party from disclosing the nature of the settlement or declares it 'confidential' 4) Failure to comply or cooperate with the board during investigation, court order, of the Ix pending against the PT. Not deprive the licensee of the 5TH amendment privilege guarantees or other constitutional or statutory privileges (and any use of these by PT not be used against them in a regulatory or disciplinary proceedings. 5) Failure to notify the board within 30 days - indictment or info about a felony - arrest of the licensee - conviction, inc verdict of guilty, or pleas of guilty or no contest, of any felony or misdemeanor - any disciplinary matter taken by another licensing entity, agency, fed government, or US military - any report regarding settlements, judgements or arbitration awards - failure to comply with a court order, issued with the enforcement of a subpoena, mandating release of records to the Board.

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Article 8.5

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Administrative Citations

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Administration of citations

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Exec officer will determine when and against whom a citation will be issued. - may contain an admin fine, an order of abatement, or both - violation of PT practice Act -violation f relation adopted by the Board - other statutes or regs for which can authorize a citation - citation will be in writing and describe the detail of nature and facts, incl statute number that has been violated. - every citation shall be disclosed to an enquiring member of the public

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Circumstances for Administrative Citations of $100-$2,500 fine

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Circumstances for an administrative fine of $100-$2,500: 1) Good or bad faith of cited person 2) Nature/severity of violation 3) Evidence that violation was willful 4) History of violations same or similar 5) Extent of cited person's cooperation 6) Extent of cited person's mitigation of any damage/

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Circumstances for Administrative Citations of $5,000 fine

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Circumstances for an administrative fine of up to $5,000: 1) Violation presenting an immediate threat to health/safety of another person 2) Multiple violation of the PT Practice Act or willful disregard of the Law 3) Violations against senior citizen/disabled person 4) History of 2 or more prior citations of same/similar

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Length of Time Administrative Citations Stay on Record

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5 years. A citation is erased from licensee records 5 years from the date of issuance. If citation withdrawn or dismissed, the are removed immediately from the licensee record.

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Compliance with orders of abatement

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- if issued an order of abatement and cited person unable to complete correction within time limit, due to reasons outwit his control and reasonable diligence - may request an extension in writing to the exec officer - when order of abatement not contested or if appeal fails; failure to abate the violation within time allowed is a violation and failure to comply. Time starts when order is served or received. Such violation can result in disciplinary action by Board or other judicial relief taken.

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Citations for unlicensed practice

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- the exec officer can determine when and against whom a citation is issued and to issue citations contains order of abatement and fines against persons, corp, associations, partnerships, who are performing or have performed services as a licensee under PT practice Act. - each citation will contain an order of abatement - Board can also issue fine for unlicensed activity, - procedure is applied as above 100-105

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Time given to request for informal conference to contest citation

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10 days. 1) The person cited may request an informal conference with the executive officer within 10 days of the citation 2) Executive officer must hold an informal conference with the person cited within 30 days or his legs rep and may affirm, modify, or dismiss the citation, including any fine, or order of abatement. - executive officer mail within 10 days a reasons for action of the conference - this is a final order with regard to the citation, including fine and order of abatement - person cited does not waive her request for a hearing to contest a citation by requesting an informal conference - after which the citation is affirmed by the exec officer. If citation is dismissed - after the conference - the request for a hearing on the matter shall be deemed withdrawn. If the citation is modified, the citation withdrawn and new one drawn up. If hearing requested subsequent, it shall be requested in 30 days.

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Article 9

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PT Corps

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Regs definition

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PT Professional Corporation Regulations

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Requirements for Professional Corporations

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1) Follows general corporation law and is a professional corp within the Moscone Knox Professional Corp Act 2) Each shareholder, director, officer & professional employee holds a valid PT license. A PT may be a shareholder in >1 professional corp.

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Share: ownership and transfer

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> 2 shareholders and one dies or is disqualified for >90 days, - shares sold and transferred to the corp, its shareholders, or other eligible licensed person on such terms as are agreed upon - not later than 6 months after death and not later than 90 days after date of disqualification - corp and shareholders can decide or not to resale the shares from a disqualified person when eligible shareholder again. - share certificate shall contain an appropriate legend to the restrictions of latter point - no restriction on owning shares in a unprofessional corp.

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Corporate Activities

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A professional corp can perform any act authorized in its articles, or incorporation or bylaws, so ling as that act is not in conflict with or prohibited by these regs, the physical therapy practice act or new regs. - a professional corp may enter into partnership agreements with other physical therapists, practicing individually or in a group, or other PT corps.

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Article 10

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Fees

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PT/PTA Application Fee

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$125.00

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PT Application Fee for Foreign Graduates

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$200.00

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PT License issue

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$100.00

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Renewal of License

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$200

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PT/PTA Examination & Re-examination Fee for NPTE

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PT fee: $400.00 PTA fee: $400.00

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PT/PTA Examination & Re-examination Fee for Jurisprudence Exam in CA

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$30.00

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Electromyography Certification Fee (Application & Biennial Fee)

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Application fee/renewal: $200 Exam/certification $500 Certification renewed with each holder's license Subject to suspension and revocation Unprofessional conduct to perform either EMG or electroneuromyography without authorization - unless to meet experience requirements for the board and is supervised.

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Article 11

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EMG certification

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Definition of Electroneuromyography

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"Electroneuromyography" means the performance of tissue penetration for the purpose of evaluating neuromuscular performance INCLUDING the evaluation of specific abnormal potentials ; evoked responses

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Definition of Kinesiological Electromyography

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"Kinesiological Electromyography" means the study of the phasic activity of individual or multiple muscles in relation to another physiological event or exercise and DOES NOT include the evaluation of specific abnormal potentials and evoked responses

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Certification required

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Forbidden: - tissue penetration for the purpose of making an EMG eval unless he or she is certified / or supervised in order to meet experience requirements for examination by the Board for certification - kinesiological emg eval without additional authorization by Board as indicated on her certification - no PT certified to perform electroneuromyographical without additional Board authorization as indicated on her certification

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Requirements for Kinesiological Electromyography certification

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1) Licensure 2) Training in tissue penetration - evidence of training under licensed physician or PT certified to perform EMG; tissue penetration for the purpose of evaluation of muscular or neuromuscular performance (pertinent anatomy and physiology; choice of equipment; proper technique; hazards and complications, post test care; satisfactory performance by training in skills of tissue penetration. 3) Education: evidence of 1 of the following: - completion course work pertinent to EMG obtained in a Uni or college (approved) - gain academic creditor CW which is acceptable to the Board. - completion of self-study prepared enough to pass certification exam, provide evidence and any supervising EMG proctor named and statements provided. - authorization to provide EMG in another state with similar requirements 4) Experience : evidence of following requirements 1) -provide evidence of (200 hours in kinesiological electromyography providing progressive EMG training under a certified PT in this state or another or licensed physician who uses this technique. -2) Provide Documentation of completion of 50 kinesiological electromyographic examinations

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Requirements for Electroneuromyography Authorization

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In addition to POINT 124: provide evidence in one of the following for Education: (Licensure, training in tissue penetration as above 1/2 as before) - in addition to regular course Uni /College as point 3 /124 - additional course work _ neuroanatomy, clinical neurology, clinical science of electoneuromyography, - completion of self study, to pass supplemental exam provide evidence; any named proctors name and statements. - authorization in another state same requirements Experience: 1) 400 hours in kinesiological electromyography - evidence progressive training under a PT certified in this or other state; or an electrophysiological clinical specialist (ABPTS) or licensed physician who uses technique 2)Provide Documentation of completion of 200 electroneuromyography examinations

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EMG Reports

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' this study has been performed in accordance with the Physical therapy Practice Act and with PT regs, The findings of this report do not represent diagnostic interpretations or medical diagnosis. The results by EMG exam by certified EMer are intended for integration by the physician and surgeon with the patients ....and the results of other tests in establishing a medical diagnosis' -data collection, presentation and summarization

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Article 12

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Topical Medications

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Compliance

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A PT may administer or apply topical meds to a patient - 'applied locally to skin or underlying tissue where there is a break in or absence of the skin where such meds require a prescription or order under federal state law'

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Topical Medication Prescription

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1) Topical medication must be prescribed by an MD 2) Written protocol of meds including description, indications/contraindications, ; proper procedure/technique

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Administration of Medications

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1) Direct application 2) Iontophoresis 3) Phonophoresis

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Authorization and protocols required

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1) Prescribed bt a practitioner legally (under fed.law) able to order it 2) Written protocols shall be prepared for application of each of the groups of meds - description of med, its actions, it's indications and CI and proper procedure and technique for application

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List of Authorized Topical Medications that can be applied by a PT

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A physical therapist may apply the following topical medications: 1) Bacteriocidal agents 2) Debriding agents 3) Topical anesthetic agents 4) Anti-inflammatory agents 5) Antispasmodic agents 6) Adrenocortico-steroids

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Article 13

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Continuing competency requirements and inactive license status

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CPD required

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30 hours of continuing competency in each license cycle- provide evidence First time license renewals - if renewal submitted prior to the expiration of original license the the CPD hours is half (15 hours) For license accumulating CE units; under the CE requirements of APTA; OR CPTA one CEU is equal to 10 hours.

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Content standards for Continuing Competency

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- subjects related to either prof PT practice or patient management - prof. practice of PT includes but not limited to prof accountability, prof behavior; prof development - patient client management includes but not limited to examination, evaluation, and diagnosis, prognosis; plan of care; implementation; education and discharge

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For each cycle

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- 2 hours of ethics, laws, regs or some combination - 4 hours in life support for HCP, comparable to or more advanced than American Heart Association basic life support course

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Authorized pathways for gaining hours

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- must be via authorized pathway - traditional or alternate 1) Traditional pathways: approved provider. No limit to hours - continuing education courses, incl home and self study courses approved through an agency recognized by the board - college coursework from an accredited institution 2) Alternate pathways :entity other than approved provider - specified by the board. Number must not exceed the cap below and via the board formula for hours: (See attached card)

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Standards for approval agencies

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Approval agency must be recognized by the Board (met standards below): - capacity to evaluate the course offered by the provider and shall conduct audits of at least 10% of it approved provider's courses - procedure for periodic review of its courses to ensure content quality and currency - procedure to respond to complaints - shall provide services to all persons without discrimination - if agency offers CE courses direct to a licensee - shall have means to avoid a conflict of interest between its functions as a provider, and its function as an approval agency - if offering retroactive approval for a course, must evaluate the course for compliance of standards and record retention - upon written approval that an agency has been approved by the Board, must advertise this fact - Board may ask agency to submit records of compliance with this section - failure of approval to comply fully, or a material misrepresentation to the Board, will lead to a withdrawals of recognition(Board members after written notice with reasons and giving time for agency to response)

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Standards for approved providers

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- topics pertinent to PT practise - instructors competent and qualified appropriately, training, experience, scope of practice, licensure - syllabus, learning obj, bibliography and a schedule - (in person course) and an outline (-online courses) - written educational goals, specific learning obj, measurable and serve as basis for effectiveness of the course - if joint sponsorship (provider works with others on distribution and or presentation of a CE course, procedures to identify and document each parties role. -review of course periodically to ensure content quality and currency - opportunity for participants to give feedback - use in evaluations for updating courses - procedure to respond to complaints - no discrimination - maintain records, re course content and licenses for 7 YEARS - disclose any financial interest, in products recommended during a course - provide a certificate of attendee - advertise is true and not misleading - and incl a statement with name of the approval agency, and it can be contacted about any concerns, any agency providers ID no. and no.of hours for which the course has been approved.

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Record keeping (CPD diary)

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- keep and maintain records for each course or activity - title, date, record of participation - KEEP FOR 5 YEARS

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Inactive Status

answer

- written request Board grants inactive status if the license is current and not suspended, revoked or otherwise punitively restricted - no activity if license inactive - renewal fee for inactive license is same as an active license - to restore an inactive license - pay fees and continuing competence fees; complete CE equivalent to that required for a single renewal period of an active license within the last 2 years prior to to applying to restore the license to active

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Exemption from continuing competency

answer

- evidence that the licensee was living in another country for 1 year or longer, - absent due to military service 1 year or longer - health or other good cause a) Total physical or mental disability for 1 year, or longer and inability to work verifiable or an immediate family member you are totally responsible for; - not granted for 2 consecutive renewal periods; need to renew license in an an inactive status if not meet CE requirements following an exemption,

question

Criteria for Approval of PT Facilities for Clinical Experience

answer

Each PT facility shall complete a CSIF form in order to certify that the facility has the staffing, clinical experience, ; clinical instruction to provide PT clinical experience for student

question

Supervision of PT Aide

answer

1) Under IMMEDIATE ; DIRECT supervision 2) PT shall evaluate patient prior to performance of any tasks by the aide 3) Determine those tasks which may be assigned to an aide 4) PT shall be in the SAME facility and in IMMEDIATE PROXIMITY to the location where the aide is performing task 5) Shall perform periodic re-evaluation of the patient

question

Supervision of PTLA

answer

1) Under IMMEDIATE ; DIRECT supervision of a licensed PT 2) Be in CLOSE PROXIMITY

question

Supervision of PTALA (PTA license applicant)

answer

1) Under IMMEDIATE ; DIRECT supervision of a licensed PHYSICAL THERAPIST 2) Be in CLOSE PROXIMITY

question

Supervision of PT Student

answer

1) ONSITE supervision by a physical therapist (clinical instructor)

question

Supervision of PTA Student

answer

1) Shall be supervised by a PT 2) May be supervised by a PTA under supervision of a PT 3) ONSITE supervision by a physical therapist

question

Definition of "Direct & Immediate Supervision"

answer

"Direct & immediate supervision" means a supervisor shall be at all times responsible for work performed and shall be in CLOSE PROXIMITY to tasks provided by PTLA/PTALA/PT Aide

question

Definition of "Adequate Supervision"

answer

1) PT shall at all times be responsible for work performed by a PTA. 2) PT must determine what services are deemed appropriate for PTA. 3) PT who conducts Initial Evaluation shall be the one to provide supervision ; direction of PTA in the treatment of that patient 4) PTA should be able to communicate with PT at all times

question

Requirements for Renewing License are:

answer

1) Renewal of license with form (at this time report any misdemeanor or crime) 2) Pay the prescribed renewal fee 3) Submit proof of completion of continuing Edu or competency

question

A PTALA can be supervised by: a) PTA b) PT c) PT student

answer

b) a PT

question

PT license expires at: a) 12pm on the last day of the licensee's birth month b) 12am on the first day of the licensee's birth month c) 12am on the last day of the licensee's birth month

answer

c) 12AM on the last day of the licensee's birth month

question

A PT may not renew his/her license if it has not been renewed with this many years after its expiration: a) 3 years b) 5 years c) 7 years

answer

b) 5 years

question

The California Board of Physical Therapy may not suspend a license for more than: a) 16 months b) 14 months c) 12 months d) 10 months

answer

c) 12 months

question

Anyone who violates the provisions of the Practice Act shall be guilty:

answer

Of a misdemeanor, with a fine no more than $1000 and/or imprisonment of no more than 6 months

question

An application will be denied if the Board Exam is not successfully passed within: a) 1 year b) 2 year c) 3 year d) 5 year

answer

a) 1 year

question

A PT must provide "adequate supervision" of a PTA. This includes: a) On-site supervision of the PTA by the PT b) Ability to communicate with a non-supervising PT at all times c) Close proximity by the PT at all times d) Ability to communicate with the supervising PT at all times

answer

d) Ability to communicate with the supervising PT at all times

question

A PTA student may be supervised by: a) A PT or PTA with onsite PT supervision b) A PT only c) A PT or PTA with "adequate" PT supervision d) a PT or PTA with close proximity PT supervision

answer

a) A PT or PTA with onsite PT supervision

question

Violators of the Physical Therapy Practice Act may be subjected to an administrative fine: a) Between $100 and $2500 b) Between $500 and $2500 c) Between $100 and $5000 d) Between $500 and $5000

answer

a) Between $100 and $2500

question

Violations of the Physical Therapy Practice Act that involves immediate threats, multiple violations, acts against senior citizens or disabled persons may incur a fine up to: a) $1000 b) $2500 c) $5000 d) $7500

answer

c) $5000

question

All citations and violations of the Physical Therapy Practice Act are disclosed to the public and remain in licensee records for: a) 3 years b) 4 years c) 5 years d) 7 years

answer

c) 5 years

question

To maintain a license, a licensee is required to complete the following competency hours: a) 15 hours within the first 2 years b) 15 hours within the first year c) 30 hours within the first 2 years

answer

c) 30 hours every 2 years

question

For first-time renewals the required continuing competency hours are: a) 15 hours within the first 2 years b) 15 hours within the first year c) 30 hours within the first 2 years

answer

a) 15 hours within the first 2 years

question

For each renewal cycle, a licensee's continuing education hours must include:

answer

1) 2 hours in ethics, laws, and regulations 2) 4 hours in life support for health care professions

question

The following are acceptable pathways for continuing competency hours:

answer

1) Continuing education courses 2) College coursework 3) Publishing a peer-reviewed journal article 4) Developing a ConEd course 5) Participating as a subject matter expert in the examination process 6) Serving on a Board 7) Performing role as a CI 8) Attending a PT conference or Board meeting 9) Passing ABPT Specialties Exam

question

Records of continuing competency hours should include: a) Title of course, date taken, record of participation b) Title of course, location taken, date taken c) Date taken, location taken, record of participation d) Title of course, location taken, record of participation

answer

a) Title of course, date taken, record of participation These documents should be kept for 5 years.

question

Exemptions from completing continuing competency hours include:

answer

1) Residing in a foreign country for at least 1 year 2) Absent from CA for up to 1 year due to military service 3) Total physical/mental disability for 1 year 4) Total responsibility for a family member who has total physical/mental disability

question

A licensee must report any felony or misdemeanor within: a) 10 days b) 15 days c) 20 days d) 30 days

answer

d) 30 days

question

Board members are appointed for terms of: a) 2 years b) 4 years c) 6 years

answer

b) 4 years

question

When the Board grants an inactive status to a licensee, the licensee must: a) Complete the continuing competency hours during the inactive status b) Re-take the Board Exam in order to restore the license to active status c) Renew the license in the same time period as it was active

answer

c) Renew the license in the same time period as if it was active

question

Using a suspended license or duplicating a license warrants a: a) Felony b) Misdemeanor c) Citation

answer

c) Citation

question

Practicing without a license or fraudulently taking the Board exam is a: a) Misdemeanor and a punishable by a fine $1000-$5000 b) Misdemeanor and a punishable by a fine $2000-$5000 c) Misdemeanor and a punishable by a fine no less than $5000

answer

a) Misdemeanor and a punishable by a fine $1000-$5000

question

The Board will hold an informal conference within this many days from the receipt of the request: a) 10 days b) 15 days c) 30 days d) 45 days

answer

c) 30 days

question

In order to qualify for continuing competency hours as a clinical instructor, a PT must: a) Be credentialed by the APTA and oversee a student full time for at least 4 weeks b) Be credentialed by the APTA or similar and oversee a student full-time for at least 7 weeks c) Be credentialed by the APTA or similar and oversee a student full-time for at least 3 weeks

answer

A) Be credentialed by the APTA and oversee a student full time for at least 4 weeks

question

The CBPT may issue a citation, impose discipline, suspend or revoke a license, or impose probationary conditions on a license due to: a) Practicing beyond the scope of a practice b) Failure to follow infection control guidelines c) Committing sexual harassment/abuse d) all of the above

answer

D) all of the above

question

The members of the California Board of PT include: a) 3 PTs who have been practicing at least 5 years prior to appointment and 3 public members b) 4 PTs who have been practicing at least 5 years prior to appointment and 3 public members c) 4 PTs who have been practicing at least 7 years prior to appointment and 3 public members

answer

B) 4 PTs who have been practicing at least 5 years prior to appointment and 3 public members

question

The California Board of Physical Therapy is responsible for the following: a) Establishing a passing score for all exams b) Issuing licenses c) Revoking licenses d) all of the above

answer

All of the above

question

The California Board of Physical Therapy has the right to: a) Inspect personal files of licensees b) Arrest licensees c) Inspect all documentation related to physical therapy services d) Issue citations up to $10,000

answer

c) Inspect all documentation related to physical therapy services

question

In the state of California, PTs can treat patients without an MD referral for: a) 45 days or 12 visits, whichever comes first b) 30 days or 12 visits, whichever comes first c) 45 days or 10 visits, whichever comes first d) 30 days or 10 visits, whichever comes first

answer

a) 45 days or 12 visits, whichever comes first

question

Patient records should be maintained for: a) No less than 3 years b) No less than 5 years c) No less than 7 years d) No less than 9 years

answer

c) No less than 7 years

question

A physical therapist can supervise: a) No more than 1 PTA and one aide b) No more than 2 PTAs and 2 aides c) No more than 1 PTA and one aide d) No more than 2 PTAs and one aide

answer

d) No more than 2 PTAs and one aide

question

PTAs can be supervised by a: a) PT student b) PTLA c) PT

answer

c) PT

question

A PTA is able to: a) Write progress notes to other health care professionals b) Provide treatment if serving in a management position c) Supervise a PT aide d) Progress treatment within the plan of care

answer

d) Progress treatment within the plan of care

question

Supervision of a PT aide must be: a) By a PT and in close proximity of the aide b) By a PT and in immediate proximity of the aide c) By a PT or PTA and in immediate proximity of the aide d) By a PT or PTA and in close proximity of the aide

answer

b) By a PT and in immediate proximity of the aide

question

Supervision of a PTALA must be: a) By a PT and in close proximity of the PTALA b) By a PT and in immediate proximity of the PTALA c) By a PT or PTA and in immediate proximity of the PTALA d) By a PT or PTA and in close proximity of the PTALA

answer

a) By a PT and in close proximity of the PTALA

question

Documentation by a PTALA must be: a) Cosigned the same week by the supervising PT b) Cosigned the same day by the supervising PT c) Cosigned the same week by the supervising PT and PTA d) Cosigned the same day by the supervising PT and PTA

answer

b) Cosigned the same day by the supervising PT

question

All citations and violations of the PT Practice act are: a) Disclosed to the public and remain in licensees records for 3 years b) Confidential but remain in licensees records for 5 years c) Disclosed to the public and remain in licensees records for 1 year d) Disclosed to the public and remain in licensee records for 5 years

answer

d) Disclosed to the public and remain in licensee records for 5 years

question

All licensees shall maintain records of continuing competency hours for: a) 7 years b) 5 years c) 3 years d) 2 years

answer

b) 5 years

question

Exemptions from completing continuing competency hours include: a) Residing in a foreign country for at least 1 year b) Absent from CA for up to 1 year due to military service c) Total physical or mental disability for at least 2 years d) A and B

answer

d) A and B

question

The Board will hold an informal conference within this many days from the receipt of the request: a) 10 days b) 15 days c) 30 days d) 45 days

answer

c) 30 days

question

Topical medications may be administered by: a) Direct application b) Injection c) Phonophoresis d) A and B

answer

d) A and B

question

Board members are appointed for terms of: a) 2 years b) 6 years c) 1 year d) 4 years

answer

d) 4 years

question

Who can legally perform the initial examination and evaluation of a patient referred to physical therapy?

answer

licensed physical therapist

question

Which of the following interventions would NOT be appropriate to delegate to a physical therapist assistant?

answer

Perform spinal joint manipulation requiring re-examination and clinical decision making

question

Which of the following would NOT be appropriate within the scope of practice of the physical therapist assistant?

answer

Change the plan of care in order to better meet the patients needs

question

Who may legally supervise PT Aides in California?

answer

Physical Therapists

question

Which statement best describes supervision requirements for physical therapist assistants?

answer

The supervising physical therapists shall be readily available in person or by telecommunication to the PTA at all times while the physical therapist assistants is treating patients.

question

Which statement is true regarding laws and regulations governing physical therapy practice?

answer

Laws and regulations provide rights and protection for PT's and PTA's as well as outlining the responsibilities and limitations of the scope of practice

question

How could a student physical therapist assistant most easily obtain a copy of the "practice act" for physical therapy in California?

answer

Go to the website for the Physical Therapy Board of California

question

Which of the following would not be appropriate for a licensed physical therapist assistant?

answer

Evaluate and develop a treatment plan for a patient with a routine condition

question

Which of the following activities of a physical therapy aide would be defined as a patient- related task?

answer

assisting the patient with an excercise routine

question

Which of the following statements regarding supervision of an aide by the physical therapist is TRUE in California?

answer

The physical therapist must provide continuous and immediate supervision of the aide

question

Who is the "physical therapist of record"

answer

The physical therapist who performs the initial evaluation of a patient, unless the patients care is reassigned to another physical therapist of record

question

Who is responsible for providing supervision and direction to the physical therapist assistant in the treatment of a given patient?

answer

The therapist who has been designated the "physical therapist of record" for that patient.

question

What is usually the maximum number of physical therapist assistants that a physical therapist can supervise in California?

answer

two "2"

question

What patient-related task can an aide perform under the supervision of a PTA, according to the California laws and regulations?

answer

NONE a PTA CANNOT supervise and aide!

question

Prior to a PT aide providing patient care, what does a supervising PT need to do?

answer

Evaluate and document the aides competency level for performing the patient related task that the aide will provide

question

Which of the following may a PTA do?

answer

Write daily chart notes in the patients medical record

question

Which of the following is true for Physical Therapists in California?

answer

May treat patients only if the disorder has been diagnosed by an appropriate medical diagnostician

question

Under the continuing competency requirement(Regulations 1399.90-1399.99) which became effective in November 2009, physical therapists and PTA's licensed in California

answer

Must document participation in 30 hours of continuing education or other forms of professional development during each two-year period between licensure renewal dates as a requirement for licensure renewal

question

Which of the following are NOT included in the curriculum of a PTA program?

answer

Joint mobilization; nutritional supplementation; acupressure

question

Each state has the right to define the progression of physical therapy and regulate the practice in its jurisdiction. What is the piece of legislation known as?

answer

Practice Act

question

Which of the following may a PTA do?

answer

serve in a clinical leadership position as long as he/she doesn't perform service as a PTA in the same practice

question

Which of the following statements is true regarding supervision of PTA students?

answer

A physical therapist assistant under the supervision of a physical therapist supervisor may perform as clinical instructor of the physical therapist assistant student

question

Which of the following is true regarding use of physical therapy aides?

answer

The physical therapist must be in immediate proximity to the aide if the aide is performing patient related tasks

question

Article 1: admin & general provisions "Board"

answer

Physical Therapy Board of California

question

Article 1: admin & general provisions Highest priority for the Board

answer

Protection of the public

question

Article 1: admin & general provisions Members of the Board

answer

- 4 PTs, one of whom is involved in physical therapy edu - 3 public members - Appointed by Governor

question

Article 1: admin & general provisions Qualifications for board members (PT's)

answer

- California resident - Valid and unrestricted license in California - Practiced in California for at least 5 years prior to appointment to the board.

question

Article 1: admin ; general provisions Qualifications for board members (public members)

answer

- California resident - Cannot be * an officer or faculty member of any college, school, or institution involved in PT education * a licentiate of the Medical Board of Cali or of any other board

question

Article 1: admin ; general provisions Term for Board members

answer

Four years Term expires June 1 Cannot serve more than 2 consecutive terms (8 years total)

question

Article 1: admin ; general provisions Board duties

answer

- Evaluate qualifications of license applicants - Provide PT/PTA exams and establish passing score - Issues all California licenses - Suspend and revoke licenses - Administer a continuing competency program - Participate in Delegate Assembly ; committee meetings - Publishes an annual newsletter - Trains/orients new board members - Inspects PT facilities ; pt charts

question

Article 1: admin ; general provisions How often does the Board meet?

answer

3x/year. Once in Southern CA, once in Northern CA *Board must comply with Bagley-Keene Open Meeting Act

question

Article 2: Scope of Regulation ; Exemptions Definition of PT

answer

The art and science of physical or corrective rehab or of physical or corrective Rx of any bodily or mental condition of any person by the use of physical, chemical, and other properties of heat, light, water, electricity, sound,massage, and active, passive, and resistive exercise, and shall include PT eval, Rx planning, instruction and consultative services.

question

Article 2: Scope of Regulation ; Exemptions Use of roentgen rays and radioactive materials, for diagnostic and therapeutic purposes, and use of electricity for surgical purposes, including cauterization

answer

Not authorized under the term "physical therapy"

question

Article 2: Scope of Regulation ; Exemptions Patient may initiate Physical Therapy directly from PT (aka direct access) if:

answer

- PT refers pt to MD if goals are not being met or they have a condition outside PT's scope of practice - PT discloses to pt any financial interest he/she has - PT notifies MD that he/she is treating pt (with pt's written authorization) - PT stops treating pt after 45 days or 12 visits (unless MD signs PT's POC & examines pt)

question

Article 2: Scope of Regulation & Exemptions Can PT's diagnose a disease or provide prognostic info?

answer

No

question

Article 2: Scope of Regulation ; Exemptions Topical Medications

answer

PT's can apply, but CANNOT prescribe topical medications

question

Article 2: Scope of Regulation & Exemptions Tissue penetration for purpose of evaluating neuromuscular performance

answer

- Must be a licensed PT - Must be certified by Board - Cannot diagnose or give prognosis

question

Article 2: Scope of Regulation & Exemptions How long should patient records be kept?

answer

At least 7 years following D/C Minors: at least 1 year after minor has reached 18, at least 7 years

question

Article 2: Scope of Regulation & Exemptions How many PTAs can a PT supervise? How many aides?

answer

2 assistants 1 aide (for patient-related tasks)

question

Article 2: Scope of Regulation & Exemptions Can a PTLA or PT student supervise a PTA or aide?

answer

Not independently

question

Article 2: Scope of Regulation & Exemptions Can a PTA do evaluations or discharge summaries?

answer

No

question

Article 2: Scope of Regulation & Exemptions PT aide

answer

- Unlicensed - At least 18 years - Under supervision of PT at ALL times - Can do massage, external baths, or normal exercise that's not part of PT Rx

question

Article 2: Scope of Regulation ; Exemptions What are synonyms for a Physical Therapist?

answer

Physical therapy technician Physiotherapist LPT, RPT, PT DPT, PhD, EdD (if have a doctoral degree)

question

Article 3: Qualifications ; Requirements for Licensure What are the requirements for ALL license applicants?

answer

Over 18 years old Not addicted to alcohol/drugs Completed schooling Not have committed crimes

question

Article 3: Qualifications ; Requirements for Licensure An applicant may be issued a license without a written exam if:

answer

- Licensed as a PT or PTA in a state equal to or higher than CA and passed an exam comparable to CA exam - Graduated from an accredited PT or PTA program - Files an application * May perform as a PTLA or PTALA during this time

question

Article 3: Qualifications ; Requirements for Licensure PTLA or PTALA who fails exam

answer

- Can retake exam - Must pay re-exam fees

question

Article 3: Qualifications ; Requirements for Licensure How long can a PTLA or PTALA work?

answer

120 days If applicant passes exam, status stays in effect until license is issued If applicant fails exam, status permanently removed

question

Article 3: Qualifications ; Requirements for Licensure What must a supervising PT document concerning a PTLA or PTALA?

answer

Letter authorizing license applicant status and date of expiration

question

Article 4: Renewal of Licenses When does a license expire?

answer

At 12 am on last day of birth month Every 2 years

question

Article 4: Renewal of Licenses How do you renew an unexpired license?

answer

Fill out renewal form Pay renewal fee Submit proof of con ed hours Disclose any misdemeanor on renewal application

question

Article 4: Renewal of Licenses When does the board send out a notice that the license is about to expire?

answer

60 days before expiration date * Notice includes renewal fee amount and date it is due.

question

Article 4: Renewal of Licenses A license that has expired

answer

- may be renewed within 5 years after its expiration - must fill out renewal application and pay fees - must submit proof of required con-ed hours * A person who fails to renew license within 5 yrs cannot renew it. Must apply for new license and retake exams!

question

Article 4: Renewal of Licenses Licensee on active duty (military)

answer

- Exempt from paying renewal fees while actively serving - Must pay renewal fees w/in 60 days of D/C from active duty - Time spent in active service not included in the 5-year period for renewal - Must still submit proof of con- ed hours

question

Article 4: Renewal of Licenses Licensee who is U/A to practice due to a disability

answer

- May request renewal fee be waived - Must still submit proof of con-ed hours * If renewal fee waived, cannot practice PT until licensee pays renewal fees and convinces board (a) disability no longer exists or affects ability to practice and (b) signs an agreement to limit his/her practice as prescribed by MD

question

Article 4: Renewal of Licenses Licensee who provides voluntary, unpaid PT services

answer

- Renewal fee waived if CA resident - Must still submit proof of con-ed hours

question

Article 4: Renewal of Licenses Person who wants retired license status

answer

- Exempt from paying renewal fee - Exempt from con-ed hours - Shall not engage in practice of PT

question

Article 4: Renewal of Licenses Required continuing education

answer

shall not exceed 30 hours every 2 years * 1 unit = 10 hours

question

Article 5: Education Standards What are the education requirements for a PT?

answer

- Graduated from accredited PT school - Instructed in subjects prescribed by CAPTE - At least 18 wks full-time with a variety of patients

question

Article 5: Education Standards What are the education requirements for a PTA?

answer

- Graduated from accredited PTA school - Instructed in subjects prescribed by CAPTE

question

Article 5: Education Standards PTLA who graduated from PT program not Board-approved and not located in US can

answer

- Submit proof to board that he/she graduated from PT program equivalent to a board-approved program - Demonstrate English proficiency - Complete 9 mo of clinical service under PT supervision

question

Article 6: Enforcement Board may issue citation, probation, deny/revoke license, or suspend up to 12 mo for unprofessional conduct incl:

answer

- Wrongful ads - Obtaining license by fraud/misrepresentation - Practicing outside PT, PTA scope of practice - Conviction of a crime - Controlled substance/drug use - Administering drugs without MD authorization - Failure to maintain adequate/accurate pt records - Gross negligence in delivery of PT care - Aiding or abetting any person to engage in unlawful practice of PT - Failure to follow infection control guidelines - Verbal abuse or sexual harassment - Misuse of aides - Viewing a disrobed pt if not necessary - Charging a fee for services not performed - Falsifying of patient records/documentation - Failure to maintain confidentiality (except as required by law) - Habitual intemperance (alcoholism)

question

Article 6: Enforcement A licensee who fails or refuses to comply with a request from the board w/in 15 days for a pt's medical records despite pt's written authorization for release

answer

Civil penalty of $1,000 per day after the 15-day period

question

Article 6: Enforcement The board shall deny a PT or PTA license to an applicant

answer

who is required to register as a sex offender (Section 290 of Penal Code)

question

Article 6: Enforcement A person on probation or whose license has been revoked or suspended may petition board for reinstatement after:

answer

- 3 years for unprofessional conduct - 2 years for early termination of probation - 1 year for mental/physical illness * Petition must include 2 LOR from PT's * Not considered while under sentence for any criminal offense

question

Article 7: Substance Abuse Rehab Program What is the purpose of this program?

answer

To identify and rehab PT and PTA whose competency is impaired due to drug/alcohol abuse

question

Article 7: Substance Abuse Rehab Program What are the components of the program?

answer

- Rehabilitation evaluation committee - 3 members with substance abuse experience or who are knowledgeable in Rx/recovery - Board considers appointing MD certified in psychiatry - Term of 4 years - Shall only convene in closed session if necessary to protect the privacy of a participant (otherwise Bagley-Keene Open Meeting Act applies)

question

Article 7: Substance Abuse Rehab Program What are the duties of the rehab evaluation committee?

answer

- Evaluate PTs and PTAs who request participation - Designate Rx facilities to which program participants may be referred - Consider whether each participant in program may safely resume practice of PT - Establish terms/conditions for program participants - Hold public meeting 2x/year

question

Article 7: Substance Abuse Rehab Program What are the criteria for acceptance into rehab program?

answer

- Applicant licensed as a PT or PTA and resident of CA - Applicant abuses dangerous drugs/alcohol - Applicant voluntarily requested admission or accepted due to disciplinary action - Applicant agrees to take any medical or psych exam - Applicant provides medical info, discloses authorization, liability releases - Applicant agrees in writing to all elements of Rx program

question

Article 7: Substance Abuse Rehab Program What are the criteria for denial into rehab program?

answer

- Applicant will not benefit from program - Participation creates too great a risk to public safety

question

Article 7: Substance Abuse Rehab Program What are the criteria for termination from rehab program?

answer

- Successfully completed program - Failed to comply with program

question

Article 8: Offenses Against This Chapter Any violation of this chapter

answer

- misdemeanor - Up to $1,000 fine - Imprisonment county jail up to 6 mo - or both

question

Article 9: Fiscal Administration What does the Board's registry contain?

answer

- name of every living licensee - his/her last known place of residence - date/number of his/her license - list of who is authorized to practice PT in the state

question

Article 9: Fiscal Administration What does the Board report to the State Controller within the first 10 days of each month?

answer

- Amount and source of all collections made from persons licensed or seeking to be licensed * All sums goes to the State Treasury then into PT fund

question

Article 9: Fiscal Administration What is the fee to APPLY for a PT license?

answer

U.S PT: $125 Foreign PT: $ 200 * This fee will never exceed $300

question

Article 9: Fiscal Administration What is the fee to ISSUE a PT license?

answer

$100 * This fee will never exceed $150

question

Article 9: Fiscal Administration What is the fee to RENEW a PT or PTA license?

answer

$ 200 * This fee will never exceed $300 * Delinquency fee: 50% of renewal fee

question

Article 9: Fiscal Administration What is the fee to APPLY and ISSUE a PTA license?

answer

U.S PTA:$125 Foreign PTA:$ 200 * This fee will never exceed $300

question

Article 9: Fiscal Administration What is the duplicate wall certificate fee? What is the duplicate renewal receipt fee?

answer

$ 50 * This fee will never exceed $100

question

Article 9: Fiscal Administration What is the endorsement or letter of good standing fee?

answer

$ 60 * This fee will never exceed $100

question

Article 9: Fiscal Administration Whenever the board increases any fee it must

answer

submit a report to the legislature justifying the increase and state % of increase

question

Article 9: Fiscal Administration What are the fees for persons certified to perform electromyography testing?

answer

Application and renewal fee: $ 200 Exam and re-exam fee: $ 500

question

Article 10: Physical Therapy Corporation Definition

answer

A corporation authorized to render professional services, so long as that corporation (who are physical therapists) are in compliance with the Moscone-Knox Professional Corporation Act

question

Article 10: Physical Therapy Corporation What names must a PT Corporation include?

answer

"physical therapy" or "physical therapist"

question

Article 10: Physical Therapy Corporation What are the regulations of a PT Corporation?

answer

- Bylaws shall include a provision whereby capital stock of the corp owned by a disqualified or a deceased person shall be sold to the corp or remaining shareholders - Shall provide adequate security by insurance

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