GENERAL GOVERNMENT CABINET

Kentucky Board of Physical Therapy

(Amendment)

 

      201 KAR 22:020. Eligibility and credentialing procedure.

 

      RELATES TO: KRS 164.772, 214.615(1), 327.050, 327.060, 327.070(2)(f), 327.080

      STATUTORY AUTHORITY: KRS 327.040(1), (11), (13)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 327.040(11) authorizes the Board of Physical Therapy to promulgate and enforce reasonable administrative regulations for the effectuation of the purposes of KRS Chapter 327. KRS 327.040(1) requires the board to determine if physical therapist applicants meet the qualifications and standards required by KRS Chapter 327. KRS 327.040(13) authorizes the board to promulgate administrative regulations regarding the qualifications for physical therapist assistants. This administrative regulation establishes the criteria for eligibility, methods, and procedures of qualifying for a credential to practice physical therapy in Kentucky.

 

      Section 1. An application shall be accepted for credentialing as a physical therapist or physical therapist assistant based on successful completion by the applicant of one (1) of the following processes:

      (1) Examination;

      (2) Endorsement; or

      (3) Reinstatement.

 

      Section 2. Examination Candidate. (1) To be eligible for the examination, the applicant for licensure as a physical therapist shall:

      (a) Have successfully completed the academic and clinical requirements of a physical therapy program accredited by CAPTE;

      (b) Submit certification of completion by the educational administrator of that program;

      (c) Have completed an educational course at least two (2) hours in length that has been approved by the Cabinet for Health and Family Services (CHFS) on the transmission, control, treatment, and prevention of human immunodeficiency virus infection and AIDS;

      (d) Have successfully completed the Jurisprudence Exam;

      (e) Submit a complete Application for Credentialing that includes a photo taken within one (1) year;

      (f) Submit the correct, nonrefundable fee as required in 201 KAR 22:135;

      (g) If applicable, submit on an Applicant Special Accommodations Request Form a request for a reasonable accommodation in testing due to a documented disability; and

      (h) Register for the NPTE examination.

      (2) To be eligible for the examination, the applicant for certification as a physical therapist assistant shall:

      (a) Have successfully completed the academic and clinical requirements of a physical therapy or physical therapist assistant program accredited by CAPTE; and

      (b) Complete the requirements of subsection (1)(b) through (h) of this section.

      (3) After three (3) failed attempts in taking the examination, an applicant shall complete a board-approved remediation plan based on identified deficits as provided on the Federation of State Boards of Physical Therapy (FSBPT) Examination Performance Feedback report prior to registering for each subsequent examination.

      (4) Effective July 1, 2012, after six (6) failed attempts at either the physical therapist or physical therapist assistant examination, or combination thereof, in any jurisdiction, an applicant shall not be eligible to register for any additional examinations.

 

      Section 3. An applicant for credentialing who is registered for the examination in another jurisdiction shall:

      (1) Meet the eligibility requirements of Section 2 of this administrative regulation; and

      (2) Register with the FSBPT Score Transfer Service to have results submitted to Kentucky.

 

      Section 4. To be eligible for a temporary permit, the candidate shall:

      (1) Meet the qualifications of Section 2 or 3 of this administrative regulation;

      (2) Complete a Supervisory Agreement with one (1) or more physical therapists; and

      (3) Have not failed either the physical therapist or physical therapist assistant examination in any jurisdiction.

 

      Section 5. Upon issuance of a temporary permit:

      (1) The physical therapist or physical therapist assistant applicant shall practice only under the supervision of a physical therapist currently engaged in the practice of physical therapy in Kentucky who:

      (a) Has practiced[been engaged in the practice of physical therapy] in Kentucky for more than one (1) year; and

      (b) Has an unrestricted license.

      (2) The supervising physical therapist:

      (a) Shall be on-site at all times during the practice of the applicant with a temporary permit;

      (b) Shall be responsible for the practice of physical therapy by the applicant with a temporary permit;

      (c) Shall review, approve, date, and co-sign all physical therapy documentation by the applicant with a temporary permit within twenty-four (24) hours of when the service was provided;

      (d) May designate a temporary supervising physical therapist who meets the qualifications of subsection (1)(a) and (b) of this section. The temporary supervising physical therapist shall sign and date written documentation of the acceptance of the responsibility as identified in paragraph (a) through (c) of this subsection; and

      (e) Shall notify the board immediately if the supervisory relationship is terminated.

      (3) The applicant with a temporary permit shall:

      (a) Disclose the applicant’s temporary credential status to all patients prior to initiating treatment;

      (b) Sign documentation with temporary permit number and designation as defined in 201 KAR 22:053, Section 5(5)(a) or (b); and

      (c) Notify the board immediately if the supervisory relationship is terminated.

      (4) The temporary permit shall expire the earlier of:

      (a) Six (6) months from the date of issuance; or

      (b) Notice of exam results by the board.

 

      Section 6. A physical therapist applicant who meets the qualifications for physical therapy licensure by examination may become a special candidate for physical therapist assistant certification by examination.

 

      Section 7. To be eligible for credentialing by endorsement, the applicant shall:

      (1) Have successfully completed the academic and clinical requirements of a physical therapy or physical therapist assistant program accredited by CAPTE;

      (2) Meet the requirements established in Section 2(1)(b) through (f) of this administrative regulation;

      (3) Have successfully completed the NPTE or its equivalent, predecessor examination and register with the FSBPT Score Transfer Service to have results submitted to Kentucky:

      (a) A passing score in Kentucky for the person who took the NPTE prior to July 1, 1993, shall be at least equal to the national average raw score minus one and five-tenths (1.5) standard deviation set equal to a converted score of seventy-five (75); or

      (b) After July 1, 1993, a passing score shall be the criterion referenced passing point recommended by the FSBPT set equal to a scaled score of 600;

      (4) Have an active credential in this profession in another jurisdiction; and

      (5) Have verification of credentials showing the credential has never been revoked, suspended, on probation, or is not under disciplinary review in another jurisdiction at the time of application.

 

      Section 8. To be eligible for reinstatement, the applicant shall meet the requirements in 201 KAR 22:040.

 

      Section 9. A credential issued by the board shall be in effect until March 31 of the next odd-numbered year.

 

      Section 10. A foreign-educated physical therapist shall comply with the provisions of 201 KAR 22:070.

 

      Section 11. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Application for Credentialing", December 2011;

      (b) "Supervisory Agreement", December 2011; and

      (c) "Applicant Special Accommodations Request Form", December 2012.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Physical Therapy, 312 Whittington Parkway Suite 102, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. to 4:30 p.m.

 

SCOTT D. MAJORS, Executive Director

      APPROVED BY AGENCY: January 16, 2014

      FILED WITH LRC: February 11, 2014 at 1 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 28, 2014, at 4:00 p.m. (EST) at 312 Whittington Parkway, Suite 102, Louisville, Kentucky 40222. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until March 31, 2014. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Scott D. Majors, Executive Director, Board of Physical Therapy, 312 Whittington Parkway, Suite 102, Louisville, Kentucky 40222, phone (502) 429-7140, fax (502) 429-7142.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Scott D. Majors

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes the eligibility and application procedures for physical therapists and physical therapist assistants.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to implement provisions of KRS 327.040.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: It provides the qualifications and procedures for applying for a license or certificate to practice physical therapy in the Commonwealth of Kentucky.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: It provides the qualifications and procedures for applying for a license or certificate to practice physical therapy in the Commonwealth of Kentucky.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This amendment clarifies that a temporary permit may be issued only to an applicant who is practicing in Kentucky under the supervision of a physical therapist licensed by Kentucky and currently practicing in Kentucky and who has practiced in Kentucky for more than one year.

      (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to ensure an applicant for a temporary permit is appropriately supervised by a Kentucky-licensed physical therapist in the Commonwealth of Kentucky.

      (c) How the amendment conforms to the content of the authorizing statutes: The board is authorized to set standards for the practice of physical therapy including the standards governing temporary permits and the required supervision.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment will ensure the board is protecting the public by establishing appropriate standards for temporary permits.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This amendment will affect no more than approximately 100 applicants for a temporary permit to practice physical therapy in the Commonwealth of Kentucky.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The entities in (3) will be required to meet the standards of this amendment to be eligible for a temporary permit by being supervised by a Kentucky-licensed physical therapist currently engaged in the practice of physical therapy in Kentucky for the one year period of time specified in the amendment.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There will be minimal cost to the entities in questions (3) since applicants for a temporary permit from the board are in the process of applying for a Kentucky license thus they intend to practice in Kentucky.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Protect the health and welfare of the public with regard to the provision of physical therapy by those persons with a temporary permit.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: No costs to the board.

      (b) On a continuing basis: No costs to the board.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: N/A to Agency Revenue Fund.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: There will be no increase in fees or funding.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not change the fees directly or indirectly.

      (9) Tiering: Is tiering applied? Tiering was not used. Not applicable.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? Physical therapists and physical therapists assistants credentialed by the Board.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 327.040 and KRS 327.050.

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. No effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None.

      (c) How much will it cost to administer this program for the first year? None.

      (d) How much will it cost to administer this program for subsequent years? None.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: