Can the use of the term "registered therapist" by one who is not licensed by the State Examining Committee for Physical Therapists be enjoined as false, fraudulent or misleading? 17-98-101 et seq. 17-98-201 et seq., 17-98-301 et seq., 17-92-102. ANSWER: No. Therapy technology and technologists.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL OPINION NO. 86-39 February 7, 1986 Joe Verser, M.D., Secretary Arkansas State Medical Board P, O. Box 102 Harrisburg, AR 72432 Dear Dr. Verser: You have requested an opinion on the following question: Can the use of the term "Registered Therapist" by -one who is not licensed by the State Examining “Committee for Physical Therapists be enjoined as false, fraudulent or misleading? According to your letter, persons who are registered by: the Arkansas State Board of Therapy Technology pursuant to Ark. Stat. Ann. §72- -1201 et seq are using the term "Registered _ ‘Therapist! in connection with their practice. ; ‘The. practice of physical therapy in arkansas is regulated by. ‘the Arkansas State Medical Board pursuant to Ark. Stat. Ann. “§72-1317. Physical therapy is defined as "the treatment-of a human being by the use of exercise, massage, heat or cold, air, light, water, electricity, or sound, for the purpose of ‘ correcting or alleviating any physical or mental condition, _ ‘or preventing the development of any physical or mental disability, or the performance of tests of neuromuscular -. function as an aid to the diagnosis or treatment of any “Auman condition, provided, however, physical therapy does... ... not: include radiology or electro-surgery." . Therapy. ‘technology | “tis defined to inelude the use of massage techniques and other. "enumerated procedures for the purpose - of “body reducing” or. ~~ gontouring”.. ; Therapy. technologists may be registered to practice as 1) therapy technicians, 2) master.technicians, or 3) therapy - technology intstructors. It is specifically unlawful. in ‘Arkansas for any person to "profess to be a physical therapist, _Phystotherapiste physical therapy technician, or to use the initials, "P.T.," "P.H.T.," or "R.P.T," or any other letters, — “words, abbreviations or insignia indicating that: he is a ww Joe Verser, M.D. February 7, 1986 Page 2 physical therapist." It should also be noted that the practice of therapy technology is specifically excluded from the definition of the practice of medicine under the Medical Practices Act. Statutes regulating various professional activities are designed to protect the public health and safety of the citizens of Arkansas. Misleading or false assertions by licensed and unlicensed individuals which are designed to or have the capacity to mislead the public appear to be contrary to any legislative intent. On the other hand, the individual's right to engage in commercial advertising under the First Amendment to the Constitution must be considered. Statutes which govern criminal activities or neglect, such as the Professional Licensing Laws, must be strictly construed. The terminology used in both the Physical Therapy Licensing Act, as well as the Therapy Technology Licensing Act, are quite similar and in some cases interchangeable. It would therefore not appear that the use of the term "Registered Therapist" by a therapy technologist is subject to prosecution under the criminal provisions of either act. It would also not appear that the use of the term would be sufficient eriteria for injunctive relief under Arkansas law. The foregoing opinion which I hereby approve was prepared by Special Assistant Attorney General George A. Harper. Sinc¢grely, Attorhey General «JSC rGAH:jk a