216-RICR-40-05-13
216-RICR-40-05-13. Physical Therapists and Physical Therapist Assistants (version Periodic Refile, 01/02/2002 to 02/18/2004)
RULES AND REGULATIONS
FOR LICENSING PHYSICAL THERAPISTS
AND PHYSICAL THERAPIST ASSISTANTS
(R5-40-PT/PTA)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Department of Health
August 1983
As amended:
January 1990
February 1990
March 1994
March 1994 (E)
June 1994
June 1998
November 2001
January 2002 (re-filing in accordance with
the provisions of section 42-35-4.1 of the
Rhode Island General Laws, as amended)
i
INTRODUCTION
These Rules and Regulations For Licensing Physical Therapists and Physical Therapist
Assistants (R5-40-PT/PTA) are promulgated pursuant to the authority conferred under Chapter 5-40-5 of
the General Laws of Rhode Island, as amended, and are established for the purpose of adopting minimal
standards pertaining to the licensure of physical therapists and physical therapist assistants in this state.
In accordance with the provisions of section 42-35-3(c) of the General Laws of Rhode Island, as
amended, consideration was given to: (1) alternative approaches to the amendments; (2) duplication or
overlap with other state regulations; and (3) any significant economic impact on small business as defined in
Chapter 42-35 of the General Laws. Based on available information, no known alternative approach,
duplication or overlap, or significant economic impact was identified.
These rules and regulations shall supersede any previous rules and regulations related to the licensure
of physical therapists and physical therapist assistants promulgated by the Rhode Island Department of
Health and filed with the Rhode Island Secretary of State.
ii
TABLE OF CONTENTS
Page
PART I
Definitions
1
Section R5-40-PT/PTA
1.0
Definitions
1
PART II
Physical Therapists/License Requirements
3
Section R5-40-PT/PTA
2.0
License Requirements
3
3.0
Qualifications
3
4.0
Application/Fee
3
5.0
Examinations for Licensure
4
6.0
Issuance and Renewal of License
6
7.0
The Practice of Physical Therapy
7
8.0
Supervision
7
PART III
Physical Therapist Assistants /License Requirements
10
Section R5-40-PT-PTA
9.0
License Requirements
10
10.0
Qualifications
10
11.0
Application/Fee
10
12.0
Examinations for Licensure
11
13.0
Issuance and Renewal of License
13
14.0
Supervision
13
PART IV
Denial, Suspension or Revocation - Violations
14
Procedure for Discipline - Severability
Section R5-40-PT-PTA
15.0
Grounds for Denial, Suspension or Revocation and Violations
14
16.0
Procedures for Discipline
14
17.0
Penalties
14
18.0
Rules Governing Practices and Procedures
15
19.0
Severability
15
1
PART I
DEFINITIONS
Section 1.0 Definitions
Wherever used in these rules and regulations the following terms shall be construed as follows:
1.1
"Act" refers to Chapter 5-40 of the General Laws of Rhode Island, as amended, entitled, "Physical
Therapists."
1.2
"Administrator" means the Administrator of the Division of Professional Regulation, Rhode Island
Department of Health.
1.3
"Board" means the Board of Physical Therapy within the Division of Professional Regulation of the
Department of Health, established pursuant to the provisions of section 5-40-3 of the Act.
1.4
"Director" means the Director of the Rhode Island Department of Health.
1.5
"Division" means the Division of Professional Regulation, Rhode Island Department of Health.
1.6
"Examination" means an examination approved by the Board.
1.7
"On-site supervision" means the immediate and physical presence of patient, person being supervised,
and supervisor.
1.8
"Physical therapist" means an individual who is licensed by the Board to practice physical therapy.
1.9
"Physical therapist assistant" means an individual who is licensed by the Board to assist in the practice
of physical therapy under the supervision of a physical therapist.
1.10
"Practice of physical therapy" means the examination, treatment, and instruction of human beings to
detect, assess, prevent, correct, alleviate and limit physical disability, physical dysfunction, and pain from
injury, disease and any other bodily conditions, and includes the administration, interpretation, and
evaluation of tests and measurements of bodily functions and structures; the planning, administration,
evaluation, and modification of treatment and instruction, including the use of physical measures, activities,
and devices for preventive and therapeutic purposes; and the provision of consultative, educational, and
other advisory services for the purpose of reducing the incidence and severity of physical disability,
physical dysfunction and pain.
The practice of physical therapy does not include the practice of medicine as defined in Chapter 5-37 of
the General Laws.
1.11
"Supervision" means that a licensed physical therapist shall, at all times, be responsible for physical
therapist assistants, supportive personnel and students.
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1.12
"Supportive personnel" means an individual, other than a physical therapist assistant, who does not act
independently and works under the direction and supervision of a physical therapist licensed under
Chapter 5-40 of the General Laws.
3
PART II
PHYSICAL THERAPISTS/LICENSING REQUIREMENTS
Section 2.0 License Requirement
2.1
Pursuant to section 5-40-9 of the Act, to safeguard the welfare and health of the people of the state of
Rhode Island, it is unlawful for any person to represent him or herself as a physical therapists in this state
or to use any title, abbreviation, sign or device to indicate that such person is a physical therapist, unless
such a person has been duly licensed pursuant to the provisions of the Act and the rules and regulations
herein.
2.1.1 Any person who holds a license to practice physical therapy in this state shall have the right to use
the title "physical therapist" and abbreviations “P.T.” No other person shall assume such title or
use the abbreviation “P.T.” or other words, or letters, signs, figures or devices to indicate that the
person using the same is a physical therapist.
2.1.2 The abbreviation "G.P.T." shall be used to identify a "graduate physical therapist."
Section 3.0 Qualifications For Licensure
3.1
Any applicant for licensure shall submit to the Board written evidence on forms furnished by the Division,
verified by oath, that said applicant meets all of the following requirements:
a)
is at least eighteen (18) years of age;
b)
is of good moral character;
c)
has graduated from a school of physical therapy accredited by the Commission on Accreditation
of Physical Therapy Education (CAPTE) in the year of said applicant's graduation; and
d)
has passed, to the satisfaction of the Board, a national examination. The Board will adopt the
criterion-referenced passing point recommended by the Federation (FSBPT). This passing point
will be set equal to a scaled score of 600, based on a scale ranging from 200-800.
Section 4.0 Application for Licensure and Fee
4.1
Application for licensure to practice physical therapy in this state, shall be made on forms provided by the
Division, which shall be completed, notarized and submitted to the Board forty five (45) days prior to the
scheduled date of examination. Such application shall be accompanied by the following documents:
a)
for U. S. Citizens:
a certified copy of birth certificate;
for Non-U.S. Citizens:
documented evidence of lawful entry into the country;
4
b)
three (3) references from responsible persons attesting to applicant's good moral character;
c)
supporting official transcripts of education credentials as required in section 3.0 herein;
d)
a statement from the Board of Physical Therapy in each state in which the applicant has held or
holds licensure to be submitted to the Board of this state, attesting to the licensure status of the
applicant during the time period the applicant held licensure in said state;
e)
the scores of the examination submitted to the Board as follows:
i.
The Board will adopt the criterion-referenced passing point recommended by the
Federation (FSBPT). This passing point will be set equal to a scaled score of 600 based
on a scale ranging from 200-800.
ii.
The examination scores of the national examination approved by the Federation of State
Boards of Physical Therapy submitted directly to the Board.
f)
the application fee of one hundred twenty-five dollars ($125.00) made payable by check or
money order to the General Treasurer, State of Rhode Island (not refundable).
Section 5.0 Examinations for Licensure of Physical Therapists
5.1
Applicants, except those exempt pursuant to section 5.2 herein, shall be required to pass an examination
as the Board deems most practical and expeditious to test the applicant's fitness to engage in the practice
of physical therapy pursuant to section 5-40-6(d) of the Act.
5.1.1 The Division may administer a national examination approved by the Federation of State Boards
of Physical Therapy (FSBPT), or such other national examination as may be determined by the
Board.
5.1.2 All parts of any examination approved by the Board must be passed in one sitting.
5.1.3 The Board will adopt the criterion-referenced passing point recommended by the Federation.
This passing point will be set equal to a scaled score of 600 based on a scale ranging from 200 to
800.
5.1.4 Examinations shall be given at such time and place as designated by the Director.
5.2
Without Examination by Endorsement
A license to practice physical therapy may be issued without examination to an applicant who has been
duly licensed by examination as a physical therapist under the laws of another state or territory or District
of Columbia, if, in the opinion of the Board, the applicant meets the qualifications required of physical
therapists in this state. Said applicant must submit thirty (30) days prior to the scheduled meeting of the
5
Board, completed licensure application forms and fee, in accordance with section 4.0 herein, including
additional supporting documentation as may be required.
5.2.1 Until such time as a license has been issued, the candidate for licensure by endorsement may not
practice as a physical therapist in Rhode Island.
5.3
Re-Examination
In case of failure of any applicant to satisfactorily pass an examination such applicant shall be entitled to a
re-examination upon submission of an application and fee.
5.3.1 In order to qualify for re-examination after three (3) failures, the applicant must request a formal
meeting with the Board, at which time requirements (consisting of additional coursework and/or
training) for re-examination will be determined and must be fulfilled prior to admittance to a future
examination.
5.4
Foreign Trained Applicants
Applicants from foreign physical therapy schools must present evidence that their educational credentials
have been evaluated by and determined to be the equivalent of those requirements set forth in section
3.1(c) herein by an agency approved by the Board. Furthermore, foreign trained applicants must meet all
of the requirements for licensure, as listed below, to the satisfaction of the Board:
a)
be of good moral character;
b)
have completed the application process;
c)
provide written proof of authorization to practice as a physical therapist without limitation(s) in the
country(ies) where the professional education occurred and/or in country(ies) where the applicant
practiced physical therapy;
d)
provide proof of legal authorization to reside and seek employment in the United States or its
territories;
e)
have successfully passed the national examination as described in section 5.0 herein.
5.4.1 Any applicant for licensure as a physical therapist or a physical therapist assistant who has received his or
her physical therapy training in a country other than the United States of America, the United Kingdom,
the Republic of Ireland, Canada except Quebec Province, Australia or New Zealand, shall submit to the
Board evidence of attainment of a passing score, as determined by the Board, on the Test of English as a
Foreign Language (TOEFL) examination, which test shall have been taken within the two (2) years
immediately preceding the filing of the application for licensure. Such evidence must be submitted with the
application for licensure.
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5.5
Graduate Practice
Every student, upon graduating from a physical therapy school accredited by the Commission on
Accreditation of Physical Therapy Education (CAPTE), who has filed with the Board a completed
application with supporting documents for licensure as a physical therapist, may upon receiving a receipt
from the Division for said application and documents, perform as a physical therapist under the supervision
of a physical therapist licensed in this state.
5.5.1 During this interim period, an applicant shall identify him or herself only as a "graduate physical t-
herapist." The abbreviation G.P.T. shall be used to identify a "graduate physical therapist."
5.5.2 If such an applicant fails to take the next succeeding examination from the date of graduation,
without due cause, or fails to pass the examination and receive a license in any state, all
aforementioned privileges (see sections 5.5 and 5.5.1) shall automatically cease.
(The provisions of this section 5.5 apply only to students upon graduating from a physical therapist
educational program accredited by the Commission on Accreditation of Physical Therapy
Education (CAPTE) and do not apply to physical therapists previously licensed under any
licensing jurisdiction).
Section 6.0 Issuance and Renewal of License
6.1
Upon the recommendation of the Board, the Director shall issue to applicants who have satisfactorily met
the licensure requirements herein, a license to practice physical therapy in this state. Said license, unless
sooner suspended or revoked, shall expire on the first day of May of the next even year following the date
of issuance of the original license.
6.2
On or before the first day of March of each even year, the Administrator of the Division shall mail an
application for renewal of license to every person to whom a license has been issued or renewed during
the current licensure period. Every person so licensed who desires to renew his or her license shall file with
the Division such renewal application duly executed, together with a renewal fee of sixty-two dollars and
fifty cents ($62.50) payable to the General Treasurer, state of Rhode Island, on or before the thirty-first
(31st) day of March of each even year.
6.3
Upon receipt of such renewal application and payment of said fee, the accuracy of the application shall be
verified, and the Administrator shall grant a renewal license effective the second day of May, and expiring
of the first day of May of the next even year.
6.4
Any person who allows his or her license to lapse by failing to renew it on or before the thirty-first day of
March of the next even year, as provided above may be reinstated by the Administrator on payment of the
current renewal fee plus an additional fee of twenty-five dollars ($25.00)
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6.4.1 Any person using the title "physical therapist" during the time that his or her license has lapsed shall
be subject to the penalties provided for violations of these regulations and the Act.
Section 7.0 The Practice of Physical Therapy
7.1
Whenever a patient seeks or receives treatment from a physical therapist without referral from a doctor of
medicine, osteopathy, dentistry, podiatry, or chiropractic, the physical therapist shall:
a)
disclose to the patient in writing the scope and limitations of the practice of physical therapy and
shall obtain their consent thereto in writing; and
b)
refer the patient to such a practitioner within ninety (90) days after the date treatment commenced;
provided, however, a physical therapist shall not be required to make such a referral after
treatment is concluded.
c)
no physical therapist who shall have less than one (1) year clinical experience as a physical
therapist shall commence treatment on a patient without a referral from a doctor of medicine,
osteopathy, dentistry, podiatry, or chiropractic.
7.2
The physical therapist and the physical therapist assistant is responsible for his/her individual professional
development and continued competence in physical therapy.
7.3
The physical therapist shall be responsible for the physical therapy record of a patient, which shall be
adequately documented.
7.4
The physical therapist and physical therapist assistant shall adhere to the current standards of practice and
code of ethics as adopted by the Board.
Section 8.0 Supervision
8.1
Pursuant to section 5-40-1 (e) of the Act, a licensed physical therapist shall at all times be responsible for
the supervision of physical therapist assistants, supportive personnel, and students to ensure the safety and
welfare of patients. Such supervision shall include but not be limited to the following:
8.1.1 A physical therapist shall be present on the premises, and immediately available whenever a
student or supportive personnel is performing treatment procedures or patient-related activities;
the physical therapist assistant may be the supervisor for physical therapist assistant students, but
must also be on the premises and immediately available.
8.1.2 Verbal and written contact with the physical therapist assistant, supportive personnel and/or
student by the physical therapist;
8.1.3 The physical therapist shall maintain the following written documentation regarding the supervision
of a physical therapist assistant:
8
a)
necessary instruction;
b)
on-site supervision of the physical therapist assistant's performance;
c)
review of the physical therapist assistant’s documentation;
d)
a reassessment; and,
e)
appropriate update of the patient's program and goals.
All of the above shall occur for every four (4) to six (6) patient visits, or more frequently if
necessary, but no less than once during a one (1) month period if less than six (6) patient visits
are made during a one (1) month period;
8.1.4 The physical therapist shall maintain the following written documentation regarding the supervision
of supportive personnel:
a)
necessary instruction;
b)
on-site supervision of the treatment performed by the supportive personnel;
c)
review of the supportive personnel’s documentation;
d)
a reassessment; and,
e)
appropriate update of the patient's program and goals.
All of the above shall occur for every three (3) to four (4) visits, or more frequently if necessary,
but no less than once during a one (1) week period if less than three (3) treatments per week are
performed.
8.1.5 a)
In licensed facilities providing chronic long term care services, in licensed facilities
providing services for the developmentally impaired population, and in school settings
certified by the Department of Education, physical therapist assistants and supportive
personnel may implement programs designed and supervised by the physical therapist
without weekly/monthly on-the-premise supervision (as required in sections 8.1.3, 8.1.4
above) if these programs are of the nature and purpose of practicing or maintaining a skill.
These programs will be implemented under the direction of the physical therapist with
regular interval on-site supervision by the physical therapist, no less than quarterly for
physical therapist assistants, and no less than monthly for supportive personnel.
b)
In a home care setting, a qualified physical therapist must be accessible by
telecommunications to the physical therapist assistant at all times while the physical
assistant is treating patients.
The physical therapist shall maintain the following written documentation regarding the
supervision of a physical therapist assistant:
i)
necessary instruction;
ii)
on-site supervision of the physical therapist assistant's performance;
iii)
review of the physical therapist assistant’s documentation;
iv)
a reassessment; and,
9
v)
appropriate update of the patient's program and goals.
All of the above shall occur for every eight (8) to ten (10) visits, or more frequently if
necessary, but no less than once during a one (1) month period.
8.1.6 When supervising supportive personnel, the physical therapist shall provide a written plan(s) for
the training and supervision of supportive personnel. The plan shall be in accordance with current
standards of professional practice and shall be reviewed at least annually and revised as
necessary. The plan shall be readily available for review by all physical therapists and physical
therapist assistants who work with the supportive personnel and shall include:
a)
a list of clinical competencies of each supportive personnel;
b)
the method for monitoring and supervising care provided by the supportive personnel;
and
c)
the date reviewed and signatures of the supervisor and supportive personnel governed by
the plan.
8.1.7 No physical therapist assistant and/or supportive personnel shall evaluate new patients admitted
for physical therapy service and/or establish a physical therapy treatment program based on the
physician's referral or prescription; and
8.1.8 The physical therapist shall discharge such other supervisory activity (ies) as may be deemed
appropriate and in accordance with policies and procedures of the health care facility and/or
agency.
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PART III
PHYSICAL THERAPIST ASSISTANT / LICENSE REQUIREMENTS
Section 9.0 License Requirement
9.1
Pursuant to section 5-40-9 of the Act, to safeguard the welfare and health of the people of the state of
Rhode Island, it is unlawful for any person to represent him or herself as a physical therapist assistant in
this state or to use any title, abbreviation, sign or device to indicate that such person is a physical therapist
assistant, unless such a person has been duly licensed pursuant to the provisions of the Act and the rules
and regulations herein.
9.1.1 Any person who holds a license to practice as a physical therapist assistant in this state shall have
the right to use the title "physical therapist assistant" or use the abbreviation “PTA.” No other
person shall assume the title or other words, or letters, signs, figures or devices to indicate the
person using the same is a physical therapist assistant.
Section 10.0 Qualifications For Licensure
10.1
Any applicant for licensure shall submit to the Board written evidence on forms furnished by the Division,
verified by oath, that the applicant meets the following requirements:
a)
is at least eighteen (18) years of age;
b)
is of good moral character;
c)
has graduated from an educational program accredited by the Commission on Accreditation of
Physical Therapy Education (CAPTE) leading to professional qualification as a physical therapist
assistant and approved by the Board; and
d)
has passed, to the satisfaction of the Board, a national examination. The Board will adopt the
criterion-referenced passing point recommended by the FSBPT. This passing point will be set
equal to a scaled score of 600, based on a scale ranging from 200-800.
Section 11.0 Application For Licensure
11.1
Application for licensure to practice as a physical therapist assistant in this state, shall be made on forms
provided by the Division, which shall be completed, notarized and submitted to the Board thirty (30) days
prior to the scheduled date of examination. Such application shall be accompanied by the following
documents:
a)
For U.S. Citizens: a certified copy of birth certificate or naturalization papers;
For Non-U.S. Citizens: documented evidence of lawful entry into the country.
b)
three (3) references from responsible persons attesting to the applicant's good moral character;
11
c)
supporting official transcripts of educational credentials as set forth in section 10.0 herein;
d)
a statement from the Board of Physical Therapy in each state in which the applicant has held or
holds licensure to be submitted to the Board of this state, attesting to the licensure status of the
applicant during the time period the applicant held licensure in said state; and
e)
the scores of the examination submitted to the Board as follows:
i.
The Board will adopt the criterion-referenced passing point recommended by the
Federation (FSBPT). This passing point will be set equal to a scaled score of 600 based
on a scale ranging from 200-800.
ii.
The examination scores of the national examination approved by the Federation of State
Boards of Physical Therapy submitted directly to the Board.
f)
the non-refundable application fee of seventy-five dollars ($75.00), made payable by check or
money order to the General Treasurer, State of Rhode Island.
Section 12.0 Examinations For Licensure of Physical Therapist Assistants
12.1
By Examination
Applicants shall be required to pass an examination as the Board deems most practical and expeditious to test the
applicant's fitness to engage in the practice of physical therapist assistant.
12.1.1 The Board may administer the national examination for physical therapist assistants approved by
the Federation of State Boards of Physical Therapy (FSBPT), or such other examination as may
be determined by the Board.
12.1.2 The Board will adopt the criterion-referenced passing point recommended by the Federation.
This passing point will be set equal to a scaled score of 600 based on a scale ranging from 200 to
800.
12.1.3 Examinations shall be given at such time and place as designated by the Director.
12.1.4 All parts of any examination approved by the Board must be passed in one sitting.
12.2
Without Examination by Endorsement
A license may be issued without examination to an applicant who has been duly licensed by examination as
a physical therapist assistant under the laws of another state or territory or District of Columbia, if, in the
opinion of the Board, the applicant meets the qualifications required of physical therapist assistants in this
state. Said applicant must submit thirty (30) days prior to the scheduled meeting of the Board, completed
12
licensure application forms and fee in accordance with section 11.0 herein, including additional supporting
documentation as may be required.
12.2.1 Until such time as a license has been issued, the candidate for licensure by endorsement may not
practice as a physical therapist assistant in Rhode Island.
12.3
Re-Examination
In case of failure of any applicant to satisfactorily pass an examination such applicant shall be entitled to a
re-examination upon submission of an application and fee.
12.3.1 In order to qualify for re-examination after three (3) failures, the applicant must request a formal
meeting with the Board, at which time requirements (consisting of additional coursework and/or
training) for re-examination will be determined and must be fulfilled prior to admittance to a future
examination.
12.4
Foreign-Trained Applicants
Applicants from foreign physical therapist assistant schools must present evidence that their educational
credentials have been evaluated by and determined to be the equivalent of those requirements set forth in
sections 10.1(c)(d) herein by an agency approved by the Board. Furthermore, foreign-trained applicants
must meet all of the appropriate requirements for licensure to the satisfaction of the Board and in
accordance with the statutory and regulatory provisions herein, and must show proof of licensure, if
applicable, as a physical therapist assistant from another country.
12.4.1 Any applicant for licensure as a physical therapist assistant who has received his or her physical
therapist assistant training in a country other than the United States of America, the United
Kingdom, the Republic of Ireland, Canada except Quebec Province, Australia or New Zealand,
shall submit to the Board evidence of attainment of a passing score, as determined by the Board,
on the Test of English as a Foreign Language (TOEFL) examination, which test shall have been
taken within the two (2) years immediately preceding the filing of the application for licensure.
Such evidence must be submitted with the application for licensure.
12.5
Graduate Practice
Every student upon graduating from a physical therapist assistant educational program accredited by the
Commission on Accreditation of Physical Therapy Education (CAPTE) who has filed a physical therapist
assistant application for licensure may, upon receiving a receipt from the Division, perform as a physical
therapist assistant, under the supervision of a physical therapist licensed in this state.
12.5.1 During this interim period, the applicant shall identify himself or herself only as a "graduate physical
therapist assistant" or use the abbreviation “GPTA.”
13
12.5.2 If such an applicant fails to take the next succeeding examination from the date of graduation
without due cause or fails to pass the examination and receive a license, all the aforementioned
privileges (see sections 12.5 and 12.5.1 above) shall automatically cease.
(The provisions of 12.5 shall apply only to students upon graduating from a physical therapist
assistant educational program accredited by the Commission on Accreditation of Physical
Therapy Education (CAPTE) and shall not apply to any physical therapist assistant previously
licensed under any licensure jurisdiction).
Section 13.0 Issuance and Renewal of License
13.1
Upon the recommendation of the Board, the Director shall issue to applicants who have satisfactorily met
the licensure requirements herein, a license to practice as a physical therapist assistant in this state. Said
license, unless sooner suspended or revoked, shall expire on the first (1st) day of May of the next even
year following the date of issuance of the original license.
13.2
On or before the first (1st) day of March of each even year, the Administrator of the Division shall mail an
application for renewal of license to every person to whom a license has been issued or renewed during
the current licensure period. Every person so licensed who desires to renew his or her license shall file with
the Division such renewal application duly executed together with a renewal fee of fifty dollars ($50.00)
payable by check or money order to the General Treasurer, state of Rhode Island on or before the thirty-
first (31st) day of March of each even year.
13.3
Upon receipt of such renewal application and payment of said fee, the accuracy of the application shall be
verified, and the Administrator shall grant a renewal license effective the second (2nd) day of May, and
expiring on the first (1st) day of May of the next even year.
13.4
Any person who allows his or her license to lapse by failing to renew it on or before the thirty first (31st)
day of March of the next even year, as provided above, may be reinstated by the Administrator on
payment of the current renewal fee plus an additional fee of twenty-five dollars ($25.00).
13.4.1 Any person using the title "physical therapist assistant" during the time that his or her license has
lapsed shall be subject to the penalties provided for violations of these regulations and the Act.
Section 14.0 Supervision
14.1
Pursuant to section 5-40-1 (e) of the Act, a licensed physical therapist shall be responsible for the
supervision, at all times, of the performance of patient care services and treatments provided by physical
therapist assistants, supportive personnel and students, consistent with the provisions of section 8.0 herein.
14
PART IV
GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION, VIOLATIONS,
PROCEDURE FOR DISCIPLINE, SEVERABILITY
Section 15.0
Grounds for Denial, Suspension or Revocation of License/Violations
15.1
The Board shall have power to deny, revoke or suspend any license (registration) issued by the
Administrator or applied for in accordance with the provisions of the Act or otherwise to discipline a
person licensed under the provisions of the Act and the rules and regulations herein, upon proof that the
person is guilty of unprofessional conduct as follows:
(1)
is guilty of fraud or deceit in procuring or attempting to procure a license (registration);
(2)
is habitually intemperate or is addicted to the use of habit-forming drugs;
(3)
is mentally and/or professionally incompetent;
(4)
has wilfully or repeatedly violated any of the provisions of the Act or the regulations herein;
(5)
is guilty of fraud or deceit in the practice of physical therapy.
15.2
Any violation pursuant to the provisions of sections 5-40-13 and 5-40-17 of the Act and the rules and
regulations herein may be cause for denial, revocation, or suspension of license or for imposing such other
penalties in accordance with the provisions of the Act.
Section 16.0 Procedure for Discipline
When a written allegation is filed with the Board charging a person with having been guilty of any of the actions
specified in the Act and in these regulations, the Division shall immediately investigate such charges or, the Board
after investigation, may institute charges in accordance with the provisions of section 5-40-14 of the Act.
Section 17.0 Penalties for Violations
17.1
It shall be a misdemeanor for any person, firm, corporation, or association to:
a)
use in connection with his or her name any designation tending to imply that he or she is a physical
therapist or physical therapist assistant unless duly licensed under the provisions of the Act and the
regulations herein;
b)
use in connection with his or her name any designation tending to imply that he or she is a physical
therapist or physical therapist assistant during the time his or her license issued under the provision
so the Act and the regulations herein shall be suspended or revoked;
c)
otherwise violate any of the provisions of the Act.
15
17.2
All misdemeanors shall be punishable by a fine as set forth in section 5-40-17 of the Act.
Section 18.0 Rules Governing Practices and Procedures
18.1
All hearings and reviews required under the provisions of Chapter 5-44 of the General Laws of Rhode
Island, as amended, shall be held in accordance with the provisions of the Act and of the rules and
regulations promulgated by the Rhode Island Department of Health, entitled, Rules and Regulations of
the Rhode Island Department of Health Regarding Practices and Procedures Before the
Department of Health and Access to Public Records of the Department of Health (R42-35-PP).
Section 19.0 Severability
19.1
If any provision of these rules and regulations or the application thereof to any person or circumstance
shall be held invalid, such invalidity shall not affect the provisions or application of the rules and regulations
which can be given effect, and to this end the provisions of the rules and regulations are declared to be
severable.
physical therapy-final regs-november01.doc
October 17, 2001