Current through Register Vol. 49, No. 2, February 2024
ARKANSAS STATE BOARD OF PHYSICAL THERAPY RULES AND
REGULATIONS
I.
Officers
and Meetings
A. Officers shall:
1. Consist of a chairperson and a
secretary/treasurer, each of whom shall have the privilege of
re-election.
2. Officers shall be
elected annually in July, unless otherwise determined by the Board.
B. Duties of Officers:
1. The chairperson shall:
a. Call and preside at all meetings. In the
absence of the chairperson, he/she shall designate a member to
preside.
b. Be custodian of all
records or designate a custodian of all records.
c. Delegate duties to Board
members.
d. Vote on all
issues.
2. The
secretary/treasurer shall:
a. Ensure that
accurate minutes of each meeting are kept and distributed to each Board
member.
b. Supervise disbursement
of Board funds.
C. The location of the office of the Board
shall be designated by the Board.
D. Meetings:
1. Special meetings may be called at the
discretion of the chairperson, or by two members of the Board, provided that
all members are adequately notified.
2. All meetings shall be conducted pursuant
to the Arkansas Freedom of Information Act and disciplinary proceedings shall
be conducted in accordance with the Arkansas Administrative Procedures
Act.
3. Three (3) members shall
constitute a quorum.
4. A majority
vote of a quorum carries.
II. Application for Licensure
A. An individual who plans to practice as a
physical therapist or physical therapist assistant must secure a license prior
to practicing in the state.
B.
Credentials required for application for initial licensure are to be submitted
to the Arkansas State Board of Physical Therapy as follows:
1. An official transcript mailed from the
Office of the Registrar of a professional physical therapy education
program accredited by a national accreditation agency approved by the Board
is required. Official transcript mailed from Office of the
Registrar. An official certification of graduation from a professional physical
therapy program shall be sufficient to allow the applicant to take the
licensure exam.
2. Official
application from the Arkansas State Board of Physical Therapy filled out by the
applicant and notarized.
3.
Application requirements must be completed and received by the Board prior to
taking the examination.
C. Applicants who are currently licensed in
another state or territory, and are requesting same in Arkansas by
endorsement/reciprocity, shall submit:
1.
Official application form of the Arkansas State Board of Physical Therapy
filled out by the applicant and notarized.
2. Previous test scores sent directly by the
official reporting agency.
3.
Verification of licensure from each state or territory where
currently licensed.
4. Official
transcript mailed from Office of the Registrar of
a professional physical therapy education program accredited
by a national accreditation agency approved by the Board.
D. All applicants shall
pay the required fees. Refer to attached fee schedule.
III.
Temporary
Permits
A. A temporary permit
may be granted to any physical therapist licensed in another state who
comes to Arkansas on a temporary basis for educational purposes. Physical
therapists wishing to obtain this special permission must write a letter
stating the reasons he/she desires to have temporary privileges. This letter
should specify: date(s), location, individual/institution who is sponsoring the
therapist in Arkansas and a copy of the therapist's current license.
B. A candidate for licensure by examination
may be granted a temporary permit only under special
circumstances.
C.
A temporary
permit may be issued for no more than three months without reapplying to the
Board.
D.
All
applicants shall pay the required fee. Refer to attached fee
schedule.
IV.
Methods of Licensure
A. Reciprocity
1. Each applicant shall be considered on
individual qualifications.
2.
Requirements of state or territory in which currently licensed must be at least
equal to Arkansas requirements, including test scores.
3. The applicant may be required to be
interviewed by the Board if his/her credentials, requirements of licensure in
another state or territory, or current professional
capabilities are in question.
4. An
applicant to whom the Board refused reciprocity may request a hearing before
the Board.
5. Applicants who have
taken the national licensure examination prior to February,1991, will be
required to have achieved a minimum score of 1.5 standard deviations below the
national average on the raw score of individual parts as well as the total.
Applicants who have taken the national licensing examination on or after
February 1991 and prior to March of 1996 will be required to have achieved a
minimum score of 1.5 standard deviations below the national average on the
total raw score. For each examination given on or after March,1996, a passing
score will be established by the board using criterion referenced
scoring.
B. Examination
1. Applicants who comply with qualifications
in accordance with the Arkansas Physical Therapy Practice Act shall be
permitted to sit for examination. (See Ark. Code Ann.§
17-93-303
)
2. Form of Examination
a. The examination for the physical therapist
or physical therapist assistant shall be the appropriate level examination
procured from an examination service approved by the
Arkansas State Board of Physical Therapy.
b. The examination will be administered at an
approved agency. Written guidelines and procedures will be provided at time of
application.
c. The application
must be completed for the examination in the time allotted or the fee will be
forfeited.
3. Passing
Level
a. For each examination given on or
after March, 1996, a passing score will be established by the board using
criterion referenced scoring.
4. Scoring and Reporting of Examinations
b. Results of the examinations will be kept
on file by the Board.
c.
Examination scores will be reported directly to each candidate by the
Board.
5. Failure to
Pass Examination
a. A candidate who fails to
pass the Examination will be notified. The candidate is ineligible to practice
in Arkansas as a physical therapist or a physical therapist assistant until the
examination is passed.
b.
Upon payment of an appropriate fee applicants who do not pass the examination
after the first attempt may re-take the examination one (1) additional time
without re-application for licensure. This must occur within six (6) months
from the first failure.
c.
Prior to being approved by the Board for subsequent testing beyond two
(2) attempts, individuals shall re-apply and demonstrate evidence satisfactory
to the Board of having successfully completed additional clinical training
and/or course work as determined by the Board.
V. Foreign-educated
Physical Therapists & Physical Therapist Assistants
a. The foreign-educated physical therapist or
physical therapist assistant is required to be eligible for licensure or
authorized to practice without limitation in their home country.
b. Any foreign-educated physical therapist or
physical therapist assistant who plans to practice in Arkansas shall submit all
credentials set forth in Section
II of these regulations.
c. The foreign-educated physical
therapist or physical therapist assistant must also submit the following:
1. Credentials evaluation statement from a
credentials evaluation agency approved by the Board.
2.
Results from an English
proficiency examination. Both the examination and acceptable score on
examination must be approved by the Board. The test must include both
written and oral sections.
VI. Recording and Renewals
A. Licenses must be renewed annually by
March 1 The renewal must be accompanied by appropriate fees and proof of
continuing education.
B.
It is the responsibility of the individual to notify the Board of an
address change in writing.1. Unrenewed
licenses become inactive as of a date established by the Board. To return to
regular status, the previous year's continuing education requirements must be
met and a reinstatement fee, not to exceed $100, must be paid.
2. Licenses reactivated after said date will
be assessed a late charge in addition to the renewal fee.
C.
Individuals wishing to be placed on
inactive status must submit a written request to the Board.
1.
A Physical Therapist or Physical
Therapist Assistant on inactive status may not engage in the provision of
physical therapy services.
2.
To return to regular status, the
applicant must demonstrate completion of delinquent contiunuing education
requirements up to four (4) units (40 contact hours) and pay the annual license
fee, and a reinstatement fee as outlined in Section
VII.
D.
Physical Therapists and Physical
Therapist Assistants who have not paid annual renewal fees by March 1 are in
violation of the Practice Act and shall not actively engage in practice.
(Reference
17-93-311 ).
Practice without a valid license is subject to a fine of up to $1,000 per day.
Late renewals are allowed by paying a late fee as determined by the
Board.
VII. Fees
and Penalties (Current Fee Schedule Attached)
A. Physical therapists shall be required to
pay fees not to exceed the following:
Temporary Permit - $100 Initial Application &
Examination Fee - $450
Reciprocity - $250
Annual Renewals - $150
Late Fee - $100 per month
Reinstatement Fee - $75.00
B. Physical therapist assistants shall be
required to pay fees not to exceed the following:
Temporary Permit - $50
Initial Application & Examination Fee - $250
Reciprocity - $200
Annual Renewals - $125
Late Fee - $100 per month
Reinstatement Fee - $50.00
C. Physical therapists and physical therapist
assistants who have not paid annual renewal fees by March 1 will be allowed to
renew by paying a late fee of $100 per month.
VIII. Disciplinary Action
A. The Board may refuse to license, refuse to
renew a license, revoke a license or
temporary permit, and/or take
other disciplinary action as provided by law regarding any physical therapist
or physical therapist assistant who is guilty of any of the acts as set forth
in Section
17 -9
3-308 of the
Arkansas Physical Therapy Practice Act. Unprofessional conduct pursuant to Ark.
Code Ann. Section
17-93-308(a)(3),
shall include but not be limited to the following:
1.
Engaging in any type of sexual
conduct of a verbal or physical nature or to engage in a sexual/romantic
relationship, including, but not limited to kissing, sexual contact, and sexual
intercourse, with a current patient or with any person who was treated as a
patient within the preceding six months. A patient's consent to, initiation of,
or participation in the sexual contact or sexual/romantic relationship does not
change the nature of the conduct nor the prohibition. This provision shall not
prohibit a physical therapist or physical therapist assistant from treating any
person with whom there has been a preexisting sexual or romantic
relationship.
2.
Intentionally viewing a completely or partially disrobed patient in the course
of treatment if the viewing is not related to patient diagnosis or treatment
under current practice standards.
3.
Failing to adhere to the recognized
standards of ethics of the physical therapy profession.
4.
Charging unreasonable or fraudulent
fees for services performed or not performed.
5.
Failing to report to the board any
act or omission of a license holder, certificate holder, applicant or any other
person who violates the provisions of the Arkansas Physical Therapy Act, as
ammended.
A revoked license must be returned to the Board office
immediately upon notification of the revocation.
B. Each facility offering physical
therapy services shall be required to publicly display the name and address of
the Arkansas State Board of Physical Therapy.
C. Any person may file a complaint in writing
to the Board against any licensed physical therapist or physical therapist
assistant in this state, charging said person with having violated the
provisions of any part of the Arkansas Physical Therapy Practice Act. The Board
may act upon its own motion or upon written complaint. The person
named in the complaint will be notified and a response from that individual
will be requested.
IX.
Physical Therapist Assistant Supervision
A.
The practice of the physical therapist assistant shall be performed only under
the supervision of the licensed physical therapist who retains moral, ethical,
and legal responsibility for patient care.
B. The supervising therapist must be readily
available for consultation, evaluations, and establishment of each
program.
C. In direct consultation
with the (supervising) physical therapist, the physical therapist assistant
may:
1.
Recommend changes in the
treatment, plan of care or goals as appropriate .
2 Within the plan of care, recommend
appropriate equipment, assistive devices or modification of architectural
barriers.
3. Within the plan of
care, perform appropriate examination procedures.
D.
The Physical Therapist
Assistant may alter treatment in response to adverse changes in the patient's
physiological state.
X. Physical Therapy Aide Functions
A. A physical therapy aide must receive
inservice training by a physical therapist or physical therapist
assistant. Once the aide is trained in treatments which can be completed
within the realm of inservice as determined by a physical therapist, he/she may
perform treatments only under direct, on-site supervision by a
physical therapist and/or physical therapist assistant.
B. The physical therapy aide may not:
1. change any treatment;
2. perform evaluative and assessment
procedures;
3. alter a plan of care
or goals.
XI.
Continuing Education Requirements
A. The
licensed physical therapist must complete in each biennium, two (2) CEUs.
CEUs are required to be submitted only with odd number year
renewals.
B. The
licensed physical therapist assistant must complete, in each bien-nium, one (1)
CEU. CEUs are required to be submitted only with odd number year
renewals.
C. Qualifying
Continuing Education Units
1. One CEU is
defined as 10 contact hours of an accredited course or program. Program content
must be of clinical application, clinical management, behavioral science, or
science.
2. Program content and
CEU's accreditation must be approved by the Board or a Board-approved
entity.
3. College or university
courses in the area of clinical application, clinical management, behavioral
science, science, or scientific research will be accepted. Courses will be
credited one (1) CEU for each satisfactorily (grade C or higher) completed
credit hour. An official transcript must be submitted to the Board
office.
4. An article or research
which has been published may be submitted to the Board for consideration of up
to one-half the biennium CEU requirement. This request, along with the
publication must be presented to the Board office 30 days prior to licensure
renewal anniversary date. Submissions after this date will not be considered.
The article or research will be approved by the Board.
D. Failure to Comply
Licensees failing to comply with the CEU requirement will not
receive licensure renewal.
XII. Amendments to these rules and
regulations may be proposed by presenting the amendments in writing at any
meeting of the Board. If the proposed amendment receives a majority vote of the
Board, then the procedures for adoption outlined in the Administrative
Procedures Act shall be followed.
(REVISIONS RECOMMENDED FOR ADOPTION - OCTOBER 9,
2001)