A. Meetings. Meetings of the board shall be held at least six times a year to transact business. The board shall comply with R.S. 37:2404(A) when scheduling regular meetings, calling special meetings, and providing notice and waivers.
B. Location. Unless otherwise noticed, board meetings shall be held at the board office. The board may meet at other locations as determined by the board with notice of such location posted at least five days prior to the meeting date. The location of the meeting shall not be changed after such notice is given without reasonable notice of such change provided to all board members and to others who have requested such notification.
C. Quorum. The number of board members that constitute a quorum for any business before the board will be the number set in R.S. 37:2404(B). A majority vote of those present in a meeting is required for passage of a motion before the board.
D. Open Meetings. All board meetings and hearings shall be open to the public. The board may, in its discretion and according to R.S. 42:16-17, conduct any portion of its meeting in executive session, closed to the public and may request the participation in such executive session of staff members or others as may be needed for consideration of the business to be discussed in executive session.
E. Attendance. Board members are expected to attend regularly scheduled meetings, special meetings, open forums and hearings, which may be scheduled in conjunction or separate from regular scheduled meetings. Attendance constitutes active participation in at least 80 percent of the entire meeting. Missing two meetings per year is generally acceptable. Exceptions may be granted by the board for good cause. Notification of an expected absence shall be submitted to the board office as early as possible prior to the commencement of the meeting.
F. Rules of Order. The most current edition of Robert’s Rules of Order shall govern all proceedings of the board unless otherwise provided by board rules or policy.
G. Public Comments. A public comment period shall be held during each board meeting and in accordance with R.S. 42:19(D). Persons desiring to present comments shall notify the executive director of the board prior to the beginning of the meeting. However, to assure that an opportunity is afforded to all persons who desire to make comments, the chairman shall inquire at the beginning of the meeting if there are additional persons present who wish to comment. The chairman shall allot the time available for the public comments in an equitable manner among those persons desiring to comment. Each person making public comments shall identify himself and the group, organization, company, or entity he represents, if any.
A. The officers of the board shall be a chairman and secretary–treasurer.
B. The chairman shall preside at all board meetings and shall, when available, represent the board at official functions.
C. The secretary–treasurer shall act in place of the chairman when the chairman is not present or available.
D. The secretary–treasurer shall oversee board finances and present financial reports to the board as requested and shall review and advise on board investments as directed by the board.
E. Term. Officers of the board shall be elected in accordance with the schedule set forth in R.S. 37:2404(A) and shall serve a one-year term or until the election of their successors. An officer elected to a position vacated before the end of its term shall serve only for the remainder of that term.
A. Special Committees. Board committees are working bodies created and appointed by the board to assist in carrying out specific board functions. Such committees shall report to the board with recommendations on those issues which have been delegated to the committee for exploration.
B. Advisory Committee. The board may appoint an Advisory Committee not to exceed nine members to assist in the review of applicants qualifications for licensure; conduct applicant interviews; review continuing education activities and courses; and other duties deemed necessary by the board.
A. Per Diem and Expenses. Per diem and expenses shall be provided in accordance to and as authorized by R.S. 37:2404(C).
A. Self Funding. The board shall be a self–sustaining body and shall generate sufficient revenues from fees and assessments to maintain effective and efficient operations.
B. Administrative Costs. Board orders in disciplinary proceeding may require the respondent to reimburse the board as authorized by R.S. 37:2405(B)11.
C. Budget. The board shall adopt an annual operating budget at a meeting which will allow timely filing with Division of Administration schedules.
A. Board procedures and operations shall adhere to the Administrative Procedures Act, R.S. 49:950 and following; the Open Meetings Law, R.S. 42:4.1 and following; the Public Records Act, R.S. 44:1 and following; and other state and federal laws to which board activities are subject.
A. The Board shall appoint an Executive Director to carry out the administrative work of the board and shall designate the duties and responsibilities of the Executive Director in a job description for that position.
A. Professional Organizations and Associations. The board may join and pay dues to such professional organizations and associations organized to promote the improvement of standards of practice in physical therapy or to advance and facilitate the operation of the board as an entity. In participating in such organizations or associations, the board may accept reimbursement of conference fees and travel expenses as are available generally to organizational members of those organizations or associations. Any participant who accepts complimentary admission, lodging, or transportation to and from an educational or professional development seminar or conference shall file an affidavit with the Board of Ethics in accordance with R.S. 42:1123(41).
a. the name and address of the petitioner;
b. specific reference to the statute or rule and regulation to which the petition relates;
A. As used in this Title, the following terms and phrases, unless specifically defined within the Practice Act, R.S.37:2401 et seq., shall have the meanings specified herein.
Active Status — the current state of a license which classifies the licensee as holding a current and valid license and being in good standing.
Administrative Complaint — a sworn statement of allegations prepared by board counsel and filed with the board which includes a statement of the matters asserted and reference the particular Sections of the statutes and rules involved, the filing of which initiates a contested disciplinary proceeding.
American Physical Therapy Association — APTA
Applicant — a person who has applied to the board for a license to engage in the practice of physical therapy in the State of Louisiana.
Applicant Review Committee — the panel designated by board policy to review a license application and attached materials and evidence, including, but not limited to, a criminal history record, and to conduct interviews to examine whether an applicant has presented evidence satisfactory of his qualifications for licensure as required under the Practice Act and board rules and to recommend indicated action on an application. The applicant review committee acts on behalf of the board and shall be composed of one or more board members and the executive director, but may also include one or more advisory committee member(s) and legal counsel.
Application — a written request directed to and received by the board, upon forms approved and supplied by the board, for a license to practice physical therapy in the State of Louisiana, together with all information, certificates, documents, and other materials required by the board to be submitted with such forms.
Board — the Louisiana Physical Therapy Board (formerly the Louisiana State Board of Physical Therapy Examiners) created by R.S. 37:2403 within the Louisiana Department of Health, acting through its members as a body or through its executive director, staff, and agents carrying out the rules, policies and precedents established by the board.
Board Order — a final decision of the board issued in a contested proceeding or in lieu of such proceeding, which may include findings of fact and conclusions of law, separately stated.
CAPTE — the Commission on Accreditation of Physical Therapy Education
Child or Children — as used in R.S. 37:2418(C)(1), an individual or individuals under the age of 21 years.
Client — a person seeking or receiving information, advice, education and/or recommendations for activities related to wellness and preventive services including conditioning, injury prevention, reduction of stress, or promotion of fitness.
Clinical Instructor — a PT or a PTA supervising a student pursuing a career in the physical therapy profession.
Clinical Supervisor — a licensed PT or PTA in good standing and selected with approval of the board who directly supervises a CAPTE graduate pending examination holding a provisional license in the clinical environment. A clinical supervisor may directly supervise a foreign-educated physical therapist or foreign-educated physical therapist assistant while completing the period of supervised clinical practice requirements of §331. However, to supervise a foreign-educated PT or PTA, the clinical supervisor must be a licensed PT in good standing and selected with approval of the board with at least three years of clinical experience.
Competence — the application of knowledge, skills, and professionalism required to function effectively, safely, ethically and legally within the context of the patient/client role and environment.
Confidentiality — all records of a PT or PTA who has successfully completed or is actively participating in the non-disciplinary alternative program shall not be subject to public disclosure, and shall not be subject to discovery in legal proceedings except as required by federal and state confidentiality laws and regulations. The records of a PT or PTA who fails to comply with the program agreement or who leaves the program without enrolling in an alternative program in the state to which the practitioner moves, or who subsequently violates the Louisiana Physical Therapy Act or the board rules, shall not be deemed confidential except for those records protected by federal and state confidentially laws and regulations.
Consent Order — an order of the board that has been contractually entered into by the board and respondent, which shall include, in part, a factual basis for the consent order, the violations of law and rule related to the licensee’s conduct, and stipulations which may include revocation, suspension, other restrictions, or any combination thereof as mutually agreed between the parties.
Consultative Services — information, advice, education and/or recommendations provided by a physical therapist with respect to physical therapy.
Contact Hour — 60 minutes of continuing education instruction.
Contested Case — a disciplinary proceeding in which the legal rights, duties, or privileges of a Respondent are to be determined by the board after an opportunity for an adjudicative hearing.
Continuing Education Year — beginning April 1 and ending March 31 of the following year.
Continuous Supervision — observation and supervision of the procedures, functions, and practice by a supervisor who is physically within the same treatment area.
Coursework Tool (CWT) — a tool developed by the FSBPT as a standardized method to evaluate the educational equivalence of non-CAPTE graduates to CAPTE graduates. Each CWT reflects the general and professional educational requirements for substantial equivalence at the time of graduation with respect to a U.S. first professional degree in physical therapy.
CWT — see coursework tool.
Criminal History Record Information — information collected by state and federal criminal justice agencies on applicants and licensees consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and any disposition arising therefrom, including sentencing, criminal correctional supervision, and release, but does not include intelligence for investigatory purposes, nor does it include any identification information which does not indicate involvement of the individual in the criminal justice system.
Disciplinary Action — the imposition of a sanction by the board which may include reprimand, probation, suspension, or revocation of a license, and other appropriate requirements.
Discharge Summary — see Documentation Standards, §341.
Documented Conferences — as used in La. R.S. 37:2418F(2)(e), see Patient Care Conference definition.
Dry Needling — a physical intervention which utilizes filiform needles to stimulate trigger points in a patient's body for the treatment of neuromuscular pain and functional movement deficits. Dry Needling is based upon Western medical concepts and does not rely upon the meridians utilized in acupuncture and other Eastern practices. A physical therapy evaluation will indicate the location, intensity and persistence of neuromuscular pain or functional deficiencies in a physical therapy patient and the propriety for utilization of dry needling as a treatment intervention. Dry needling does not include the stimulation of auricular points.
FEPT — see §135.A.1.
FEPTA — see §135.A.2.
Foreign-Educated Physical Therapist (FEPT) — see §135.A.1.
Foreign-Educated Physical Therapist Assistant (FEPTA) — see §135.A.2.
Foreign Educated PT Applicant — a person whose education as a PT was obtained in a program not accredited by CAPTE.
FSBPT — the Federation of State Boards of Physical Therapy
Good Moral Character — as applied to an applicant or licensee means the aggregate of qualities evidenced by past conduct, social relations, or life habits, which actually provide persons acquainted with the applicant or licensee a basis to form a favorable opinion regarding his ethics and responsibility to duty. In addition, to achieve and maintain Good Moral Character, an applicant or licensee shall provide accurate, complete and truthful information to the board and shall not, at any time, commit any act or omission which provides a basis for disciplinary actions or violations under La. R.S. 37:2420 or La. R.S. 37:2421.
Graduated, Graduation or Graduate — having completed all requirements, including clinical experience, at a CAPTE accredited program for physical therapists or physical therapist assistants. If an educational program certifies that the degree is assured and will be conferred at a later date, an applicant will be considered to have graduated and become a graduate.
HIPDB — Healthcare Integrity and Protection Data Bank, See National Practitioner Databank (NPDB).
Impairment or Impaired — a condition that causes an infringement on the ability of an individual to practice, or assist in the practice, of physical therapy with reasonable skill and safety to patients. Impairment may be caused by, but is not limited to, alcoholism, substance abuse, addiction, mental and/or physical conditions.
Inactive — a license status indicating voluntary termination of the right or privilege to practice physical therapy in Louisiana. The board may allow a licensee who is not engaged in the practice of physical therapy in Louisiana to inactivate the license as an alternative to an expired license.
Incompetence — lacking competence, as defined in §123.
Informal Conference — a meeting held pursuant to R.S. 49:961.C with a Respondent and an Investigative Committee of the board to determine whether a disciplinary case should proceed.
In Good Standing — a person who holds a current, valid Louisiana license, who is not subject to a board order or consent order, and whose license is not restricted. The board is the ultimate arbiter of whether a licensee is in good standing.
Initial Physical Therapy Evaluation — as defined in R.S. 37:2407(A)(1).
In Good Standing — describes a person who holds a current, valid license from the board and who has no pending or active disciplinary actions or sanctions against that license. The board is the ultimate arbiter of whether a licensee is in good standing at a given time.
Investigative Committee — the panel designated by board policy to investigate complaints and to conduct Informal Conferences in disciplinary matters, typically composed of one or more board members, the executive director, investigator and legal counsel.
Jurisdiction of the United States — any state, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any American territory.
Jurisprudence — the body of law applicable to the practice of physical therapy in Louisiana including the Practice Act and the rules promulgated by the board.
Jurisprudence Examination — an open book examination made up of multiple choice and/or true/false questions covering information contained in the Practice Act and board rules.
Legend Drug — any drug intended for use by humans which carries on its label any of the following: "caution: Federal law prohibits dispensing without a prescription", "Rx," or "Rx only."
Legend Device — any device intended for use by humans which carries on its label "Rx," "Rx Only," or a statement that federal law restricts the device to sale by or on the order of a licensed healthcare practitioner.
Letter of Concern — is non-disciplinary and notifies the licensee that while evidence found does not merit formal disciplinary action, the board believes that the licensee should become educated about the requirements of the Practice Act and board rules. A letter of concern shall be placed in the permanent record of a licensee following the conclusion of a complaint or upon the granting or renewal of a license. A letter of concern shall not be reportable to NPDB, shall not be published with board disciplinary actions, and shall be deemed confidential pursuant to R.S. 37:2406(B). A letter of concern may be utilized as evidence in subsequent disciplinary actions.
License — the lawful authority of a PT or PTA to engage in the practice of physical therapy in the state of Louisiana, as evidenced by a license duly issued by and under the official seal of the board.
Louisiana Physical Therapy Practice Act — Practice Act
MEPTA — see §135.A.3.
Military-Educated PTA Applicant (MEPTA) — see §135.A.3.
Minimal Standards of Acceptable and Prevailing Physical Therapy Practice — include, but are not limited to, those set forth in the Code of Ethics and related documents of APTA.
Moral Turpitude — baseness, vileness, or dishonesty of a high degree and contrary to community standards of justice, honesty, or good morals.
NPDB — see national practitioner databank.
NPTE — see national physical therapy examination.
National Physical Therapy Examination — a national examination administered by the FSBPT and approved by the board for the licensure of a physical therapist or the licensure of a physical therapist assistant.
National Practitioner Databank (NPDB) — (formerly the “healthcare integrity and protection data bank” or “HIPDB”) a web-based repository of reports containing information on medical malpractice payments and certain adverse actions related to health care practitioners, providers, and suppliers, preventing practitioners from moving state-to-state without disclosure or discovery of previous damaging performance and promoting quality health care and deterring fraud and abuse within health care delivery systems created by the Health Care Quality Improvement Act of 1986 (HCQIA), as amended, title IV of Public Law 99-660 (42 U.S.C. 11101 et seq.). Section 1921 of the Social Security Act, as amended, (42 U.S.C. 1396r-2) mandates reporting to the NPDB of adverse licensure actions taken against licensees.
Notice — a statement of the intended date, time, place, and nature of a meeting or hearing, and the legal authority and jurisdiction under which a hearing is to be held. Notice may include a formal complaint filed to initiate a contested disciplinary proceeding.
NPTE — the National Physical Therapy Examination administered by the FSBPT.
On Premises — the supervising PT of record is physically present in the treating facility and immediately available to the treatment area.
Passive Manipulation — manipulation or movement of muscular tissue or joints other than by the spontaneous function of the body or active effort on the part of a patient.
Patient — an individual receiving physical therapy services pursuant to a plan of care, treatment plan or program.
Patient Care Conference — see Documentation Standards, §341.
Per Diem — compensation to a board member or committee member for each day during which he is participating in or carrying out an official board approved activity pursuant to R.S. 37:2404(C).
Person — includes a natural person, partnership, corporation, association, or other entity having legal existence, unless the context requires a more limited meaning.
Physical Therapist — as defined in R.S. 37:2407(A)(2), and is licensed by the board pursuant to the Practice Act and rules.
Physical Therapist Assistant — as defined in R.S. 37:2407(A)(3), and is licensed by the board pursuant to the Practice Act and rules.
Physical Therapy — as defined in R.S. 37:2407(A)(4).
Physical Therapy Evaluation — as defined in R.S. 37:2407(A)(1).
Physical Therapy Technician — a worker not licensed by the board who operates under the direction and control of a licensed physical therapist and functions in a physical therapy clinic, department or business and assists with preparation of the patients for treatment and with limited patient care.
Physiotherapy — physical therapy.
Plan of Care — documentation created and signed by the physical therapist specifying the measurable goals, specific treatments to be used and the proposed duration and frequency of specified treatment. It is an integral component of a PT evaluation and must be created by the physical therapist prior to delegating appropriate treatment to a PTA or PT technician and incorporating documentation standards provided for in §341.
Practice of Physical Therapy — as defined in R.S. 37:2407(A)(5).
Practice Setting — unless otherwise defined, the physical location where patient care is performed or client services provided. Practice setting may also refer to the type of organization which provides physical therapy services, such as an outpatient clinic, hospital, nursing home, rehab facility, school or the delivery of home healthcare.
Prescription — a request for diagnostic or therapeutic physical therapy procedures or regimen subscribed by an individual lawfully authorized to make or give such an order or directive.
Preventive Services — the use of physical therapy knowledge and skills by a PT or PTA to provide education or activities in a wellness setting for the purpose of injury prevention, reduction of stress and/or the promotion of fitness and for conditioning. This does not include the administrations of physical therapy treatment.
Probation — license status in which the licensee may practice physical therapy in Louisiana, but may be required to work under certain conditions and/or restrictions as specified and made public in a board order or board agreement.
Progress Note — see Documentation Standards, §341.
PT — see physical therapist.
PTA — see physical therapist assistant.
Reassessment or Reevaluation — see Documentation Standards, §341.
Reciprocity — the acknowledgment and licensure by the board of a PT or PTA licensed by another state pursuant to procedures established by the board.
Referral — a request for physical therapy evaluation or treatment made by an individual lawfully authorized to make such request.
Reprimand — a form of censure by the board of a licensee for violation of the Practice Act or Rules.
Respondent — a licensee who is the subject of an informal complaint, as addressed in §381, or a formal administrative complaint, as addressed in §387, alleging violation of the Practice Act or board rules.
Restricted — license status indicating that the board has placed restrictions or conditions on a license including, but not limited to, scope of practice, place of practice, supervision of practice, or patient demographic.
Revocation — the withdrawal of a license issued by the board, terminating the right and privilege of practicing physical therapy in Louisiana.
Revoked — license status indicating annulment of a license by an action of the board pursuant to formal disciplinary action which terminates the right to practice physical therapy in Louisiana.
RPTP — the Recovering Physical Therapy Program adopted by the board.
RPTP Agreement — a document approved by the board containing provisions which identify requirements for successful participation in the RPTP, including, but not limited to, evaluation, treatment, after care, testing, monitoring, supervision reports, meeting attendance, and practice restrictions.
RPTP Compliance — conforming to the requirements of the Recovering Physical Therapist Program Agreement.
State — see jurisdiction of the United States.
Student — a person who is pursuing a course of study leading to a degree in physical therapy or physical therapist assisting from a professional education program certified by CAPTE and approved by the board, and who is pursuing supervised clinical education requirements related to his physical therapy education.
Subversion — engaging in any activity contrary to honesty, justice, or good morals in an attempt to undermine the integrity of the examination or to receive a passing score on the examination as defined in R.S. 37:2414 and required by R.S. 37:2409-2411.2. For purposes of this Chapter, subversion also includes any unauthorized use or reproduction of copyrighted materials.
Summary Suspension — the suspension of a license by emergency board action which requires a licensee to immediately cease practice pending disciplinary proceedings provided by law.
Supervising PT of Record — The PT who performs the initial evaluation and establishes a plan of care for a patient or a PT who has most recently reevaluated or treated the patient.
Suspended License — restricting the licensee's privilege to practice physical therapy or physical therapist assisting for a specified period of time.
Topical Agents/Aerosols — medications used in physical therapy treatment which are applied to the skin and obtained over-the-counter, by prescription or order, or from a licensed distributor.
Treatment Plan or Program — documentation created by a PT specifying the measurable goals, specific treatments to be used and the proposed duration and frequency of treatment; is an integral component of a PT evaluation and must be completed by the PT prior to delegating appropriate treatment to a PTA or PT technician.
Treatment Record — see Documentation Standards, §341.
Week — any consecutive seven days.
When Feasible — as used in La. R.S. 37:2418F (2)(g), means whenever the patient is still physically available to receive treatment and assessment.
Wound Debridement — patient care provided by a PT, provisionally licensed PT, or student PT, which removes non-living tissue from pressure ulcers, burns and other wounds as part of wound management, including but not limited to, sharps debridement, debridement with other implements or agents and application of topical agents including enzymes.
Written Record of Physical Therapy — documentation including the prescription or referral (if such exists), the initial evaluation, treatment notes, notes of patient care conferences, progress notes, reevaluations or reassessments, referral to an appropriate healthcare provider pursuant to R.S. 37:2418(B)(2)(b) (if such exists), and patient status at discharge documenting the complete course of patient care.
A. The rules of this Subchapter govern the licensing of PTs and PTAs who are graduates of physical therapy or physical therapist assistant schools located within any state or US territory.
D. To be eligible for a provisional license as a PT or PTA, a CAPTE graduate applicant shall possess all of the qualifications for license in this Section except R.S. 37:2409(5) and R.S. 37:2411(4), respectively.
A. In addition to the substantive qualifications specified in §129, to be eligible for a license, an applicant shall satisfy the procedures and requirements for application provided by §§ 149-153 of this Chapter and, if applicable, the procedures and requirements for examination approved by the board as set forth in §§ 155-161 of this Chapter.
A. The burden of satisfying the board’s requirements and qualifications for licensure as a foreign-educated physical therapist (FEPT) in accordance with R.S. 37:2410, a foreign-educated physical therapist assistant (FEPTA) in accordance with R.S. 37:2411.1, and a military-trained physical therapist assistant (MTPTA) in accordance with R.S. 37:2411.2 is upon the applicant. An applicant shall not be deemed to possess required qualifications unless the applicant demonstrates and evidences such qualifications in the manner satisfactory to the board.
D. Authorization to Work in the U.S. The applicant must be a citizen of a jurisdiction of the United States or an alien lawfully admitted for permanent residence, or an alien otherwise authorized to work lawfully in the United States.
E. The board will issue a provisional license to a FEPT or FEPTA only after the applicant is physically present in the U.S. and has met all requirements for licensure except the completion of a supervised clinical practice as required by R.S. 37:2410(5) and R.S. 37:2411.1(5).
F. If a document required by this Title is in a language other than English, the applicant shall arrange for its translation into English by a translation service acceptable to the board and shall submit a translation signed by the translator attesting to its accuracy.
a. complete the license application process as set forth in §137;
b. satisfy the procedures and requirements for application provided by §§149-153 of this Chapter;
c. satisfy the procedures and requirements for examination administered by the board provided in §§155-171; and
a. complete the substantive qualification as specified in §137;
b. satisfy the procedures and requirements for application provided by §§149-153 of this Chapter; and
A. The credentialing entity will review all of an applicant's post–secondary education credentials earned outside of the US. The applicant must have completed, with a passing grade of A, B, C, Pass or Credit, 60 semester hours credit or the equivalent in general education courses from an accredited institution of higher learning. This general education requirement may be met by credits earned at U.S. colleges or universities, by College Level Examination Program (CLEP) credits, or Advanced Placement (AP) according to standards of the American Council on Education. The number of credits earned by CLEP or AP may not exceed 12 semester credits.
B. The credentialing entity must attest that the institution attended by the applicant was accredited by the Ministry of Education or the equivalent in that country.
C. All foreign PT applicants must demonstrate the ability to communicate in English by achieving no less than the minimum score accepted by the board on board–approved English proficiency tests. For graduates of entry–level physical therapy programs in other foreign countries, the board may grant an exception to the English Proficiency test if the applicant holds a current license in physical therapy in another state and has been licensed in the U.S. for no less than 10 years prior to application.
D. The credentialing entity must attest that the applicant is, or was, licensed or authorized to practice in the country in which the entry–level degree in physical therapy was granted. If there is no licensure or official authorization in such country, the applicant must be eligible for unrestricted practice there. The board may waive this requirement for an applicant who is not licensed in the country of education due to a citizenship requirement of that country.
1. If the application is for licensure by examination, the license or authorization in such country must be current and in good standing at the time of application.
2. If the application is for licensure by reciprocity, and the applicant has passed the NPTE meeting Louisiana standards, the license or authorization to practice must have been in good standing at the time the license or authorization in such country expired.
E. The credentialing entity must attest that the applicant has successfully completed an educational program substantially equivalent to U.S. programs accredited by CAPTE and has earned the equivalent of no less than 90 semester hours of professional physical therapy education.
F. If the degree awarded is substantially equivalent to a degree in physical therapy as awarded by CAPTE–accredited programs in the US, the credentialing entity must use the Coursework Evaluation Tool for Foreign Educated PTs (CWT), as developed by the FSBPT when evaluating an applicant's credentials. The version of the tool used must correspond at minimum to the year the entry–level degree was awarded. Education deficiencies must be identified and must indicate the subjects and credit hours necessary to satisfy the requirements of the CWT. If the degree received by the applicant is from a CAPTE–accredited program located outside the U.S., the program is considered equivalent to a domestic CAPTE–accredited physical therapy program, and the applicant is exempt from meeting the requirements of the CWT.
A. Application for licensure by reciprocity under Subchapter E may be made at any time.
a. possesses, as of the time the application is filed and at the time the board passes upon such application, a current, unrestricted license in good standing or its equivalent issued by another jurisdiction;
b. The applicant has not been disciplined in any jurisdiction for an act which would have constituted grounds for refusal, suspension, or revocation of a license to practice physical therapy in this state at the time the act was committed;
c. The jurisdiction from whence the applicant comes accords a similar licensing privilege to individuals licensed as PTs and PTAs in Louisiana; and
a. The applicant possesses, as of the time the application is filed and at the time the board passes upon such application, a current, unrestricted license in good standing or its equivalent issued by another jurisdiction;
b. The applicant has not been disciplined in any jurisdiction for an act which would have constituted grounds for refusal, suspension, or revocation of a license to practice physical therapy in this state at the time the act was committed;
c. The jurisdiction from whence the applicant comes accords a similar licensing privilege to individuals licensed as PTs and PTAs in Louisiana; and
A. The board may issue a provisional license for a limited time period to a PT licensed in another state, or a foreign educated PT credentialed in another country, to perform physical therapy services on a patient as part of an education seminar or athletic event recognized and approved by the board. A provisional license may not be issued to the same person for more than 60 days in a calendar year. Such provisional license holder shall be obligated to comply with the provisions of the Practice Act and the board's rules regarding his practice of physical therapy in Louisiana. The provisional license holder shall obtain the provisional license prior to providing physical therapy services in the State of Louisiana.
A. The rules of this Subchapter govern the procedures and requirements for application to the board for licensing as a PT and PTA in the state of Louisiana.
A. Application for licensure shall be made upon forms supplied by the board. Application forms and instructions may be obtained from the board's website. Upon written request, an application form shall be mailed to the applicant.
D. An applicant must pass of the Louisiana jurisprudence exam.
G. Upon request by the board and upon the board's submission of an applicant's fingerprints, and such other identifying information as may be required, the Louisiana State Police shall conduct a search of its criminal history record information relative to the applicant and report the results of its search to the board within 60 days from receipt of any such request. The board shall pay to the Louisiana State Police a processing fee pursuant to La. R.S. 15:587 for conducting and reporting on any such search.
H. If the criminal history record information reported by the Louisiana State Police to the board does not provide grounds for disqualification of the applicant for licensure under the applicable law administered by the board, the board shall have the authority to forward the applicant's fingerprints and such other identifying information as may be required to the FBI with a request for a search of national criminal history record information relative to the applicant.
I. Any and all state or national criminal history record information obtained by the board from the bureau or FBI which is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, investigators, agents, and attorneys in evaluating the applicant's eligibility or qualification for licensure. No such information or records shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
J. The board may refuse to consider any application which is not complete in every detail, including submission of every document required by the application form and instructions. The board may, in its discretion, require a more detailed or complete response to any request for information set forth in the application form as a condition for consideration of an application.
K. Each application submitted to the board shall be accompanied by the applicable fee, as provided in Chapter 5 of these rules.
L. To assure equal opportunity for all persons, and in accordance with the Americans with Disabilities Act, Public Law 101-336, the board shall make reasonable accommodations for an applicant for licensure by examination if the applicant has a qualified disability pursuant to applicable law and is approved by the board. The board requires notification of an applicant's disability no later than receipt of a completed application form and fee. The notification by the applicant should include the type of accommodation required. A copy of the tests performed and the diagnosis made by a physician qualified to administer such tests must be submitted with objective documentation of the disability. Accommodations to be made by the board should be reasonable in that they should not impose undue hardship on the board. Accommodations for persons with disabilities may include accommodations that are reasonably appropriate for the disability and are not limited to extended time for the examination, a map of the examination facility indicating wheelchair accessible entrances, elevators, restrooms, and examination rooms.
M. Every applicant shall personally complete, sign, and date his application for licensure and oath. The application must be notarized by a notary in the country in which the applicant resides and forwarded directly to the board.
N. An application which is incomplete will be closed after one year of inactivity. At the end of this period, any application which is not completed will be considered abandoned and closed by the board and fees paid to the board will not be refunded. Should the applicant re-apply after his incomplete application is closed, he shall be required to begin the process anew, including the payment of the application fee to the board.
A. Submission to the board of an application for licensure constitutes authorization by the applicant to each educational institution at which the applicant has matriculated, each state or federal agency to which the applicant has applied for any license, permit, certificate or registration, each person, firm, corporation, clinic, office or institution by whom or with whom the applicant has been employed in the practice of physical therapy, each physician or other health care practitioner whom the applicant has consulted or seen for diagnosis or treatment, and each professional organization to which the applicant has applied for membership, to disclose and release to the board any and all information and documentation concerning the applicant which the board deems material to the application. With respect to such information or documentation, the submission of an application for licensure to the board constitutes consent by the applicant for disclosure and release of such information and documentation, and as a waiver by the applicant of any privilege or right of confidentiality which the applicant would otherwise be entitled to.
B. By submission of an application to the board for licensure or renewal, an applicant agrees to submit to physical, mental, or substance abuse examinations or evaluations, if, when, and in the manner directed by the executive director, and waives all objections to the admissibility or disclosure of findings, reports or recommendations to the board on grounds of privacy or privileges provided by law. The expense of any such examination or evaluation shall be borne by the applicant.
C. Submission of an application for licensure constitutes authorization by the applicant to the board to disclose and release any information or documentation set forth in or submitted with the applicant's application or obtained by the board from other persons, firms, corporations, associations or governmental entities pursuant to Subsections A or B of this Section to any person, firm, corporation, association or governmental entity having a lawful, legitimate, and reasonable need therefore including, without limitation, the physical therapy licensing authority of any state; the FSBPT, APTA and its state affiliates; federal, state, county, or parish and municipal health and law enforcement agencies, including the Louisiana Department of Health and Hospitals; and the Armed Services.
D. An applicant who submits false information may be denied licensure by the board.
E. If the board rejects an application for licensure, the reasons for the rejection shall be provided to the applicant. The applicant may submit additional information and request reconsideration by the board. If the applicant remains dissatisfied, a formal hearing may be requested.
A. The examination approved by the board pursuant to La. R.S. 37:2414 shall be standardized and nationally accepted by FSBPT and/or APTA.
A. To be eligible for examination by the board, an applicant shall possess all qualifications for licensure prescribed by §129. However, an applicant who has completed, or will complete prior to examination, his physical therapy or physical therapist assistant education, but who does not yet possess a degree or certificate, shall be deemed eligible for examination upon submission to the board of a letter subscribed by the authorized representative of an approved school certifying that the applicant has completed all academic education at such school or college, that a degree in physical therapy or physical therapist assisting will be conferred at the next scheduled convocation of such school, and specifying the date on which such degree will be awarded.
A. Once the application process, including the payment of fees is completed, the applicant will be notified of his eligibility to schedule the examination with an approved testing service.
A. The board's licensing examination is administered by an approved testing service and is computer based. The testing service is authorized and directed by the board to obtain positive photographic identification from all applicants appearing and properly registered for the examination; to establish and require examinees to observe an appropriate seating arrangement; to provide appropriate instructions for taking the examinations; to fix and signal the time for beginning and ending the examination; to prescribe such additional rules and requirements as are necessary or appropriate to the taking of the examination in the interest of the examinees; and to take all necessary and appropriate actions to secure the integrity of the examination process.
B. An applicant for examination shall pay the site fee for the examination directly to the testing service at the time of scheduling with the testing service and in the amount and manner prescribed by the testing service.
A. An applicant who engages or attempts to engage in conduct which subverts or undermines the integrity of the examination process shall be subject to the sanctions specified in §167.
A. When, during the administration of examination, there exists reasonable cause to believe that an applicant is engaging, or attempting to engage, in subversion of the exam process, appropriate action shall be taken by the testing service to promptly terminate such conduct and ensure the integrity of the examination. In the event that the testing entity takes action against an applicant, such testing entity shall report such conduct to the board in a timely manner.
B. When the board has reasonable cause to believe that an applicant has engaged in or attempted to engage in conduct which subverts the examination process, either prior to or during the administration of the examination, the board shall notify the applicant and provide him with an opportunity for a hearing pursuant to the Administrative Procedure Act and applicable board rules.
A. An applicant who is found by the board to have engaged in or attempted to engage in conduct which subverts or undermines the integrity of the examination process shall be deemed to have failed the examination. Such failure shall be recorded in the official records of the board.
A. The board adopts a criterion referenced passing point of 600 which is based on a scale ranging from 200 to 800.
A. Applicants must successfully pass the examination to obtain a license to practice in Louisiana as a PT or PTA.
a. applicants on extended military service for a period in excess of three months during the two-year time period immediately following initial examination failure; or
a. Practice Exam and Assessment Tool (PEAT) offered by FSBPT;
b. examination Performance Feedback Report offered by FSBPT;
c. take a commercial licensure review course;
d. take a board approved continuing education course;
e. work as a technician, either as paid staff or volunteer, under the supervision of a board approved licensed PT;
E. Low Score Limit. An applicant who has failed the examination and has been identified as failing on two occasions with a “low score,” as that term is defined by the exam vendor selected by the board, shall not be made eligible for examination. A very low score is specified in examination policies adopted by the exam vendor selected by the board.
A. An applicant who has graduated from a CAPTE accredited program and met the requirements of §151 may be issued a provisional license to engage in supervised clinical practice under this Rule and §330 when NPTE testing is available only on limited fixed dates.
B. A provisional license granted to a CAPTE graduate pending examination pursuant to this Rule shall be issued for 90 days and shall designate board-approved supervisors at each worksite. No more than one such provisional license shall be issued to an applicant.
C. A provisional license granted pursuant to this Rule entitles the holder to engage in the practice of physical therapy in the State of Louisiana only for the specified time and creates no right or entitlement to licensing or renewal of the provisional license. The holder of a provisional license issued under this Section shall practice physical therapy only at the physical location approved by the board.
D. The holder of a provisional license pending examination must schedule the licensure examination prior to the provisional license expiration date.
E. When the NPTE is available on an “on-demand” or “continuous” basis to applicants, such provisional licenses will not be issued.
A. A foreign-educated applicant who possesses all of the qualifications for licensure prescribed by §137 of this Chapter, except for §137.C, shall be issued a provisional license to engage in supervised clinical practice under the requirements of §331 for the purpose of fulfilling in whole or part the requirement of §137.C.
B. The holder of a provisional license issued under this Section shall not engage in the practice of physical therapy in any respect other than at the physical location for which he is approved by the board.
C. A provisional license issued under this Section shall expire, and thereby become null and void and of no effect, on the date specified by such provisional license.
A. If the qualifications, requirements and procedures prescribed by §129 are met, the executive director shall issue to the applicant a license to engage in the practice of physical therapy in the State of Louisiana.
B. A license issued pursuant to examination shall be issued within seven days following the reporting of a passing licensing examination score to the board. A license issued pursuant to reciprocity under §145 shall be issued within seven days following satisfaction of all requirements of §145.
C. A license issued to an applicant for the first time shall be for a term of one year or two years, to be determined by the birth year of the applicant.
D. Evidence of license status may be verified from the board website.
A. The board may issue a license to replace a lost or destroyed license upon receipt of a written request and the appropriate fee from the licensee. The board will issue a new original license after name change upon receipt of a name change form, the appropriate fee, and a copy of the legal document enacting the name change.
A. Licenses issued by the board shall expire, and thereby become void, on April 30 of the last year for which it is issued.
B. The timely, acknowledged receipt of a complete application for license renewal, as provided by §181, or online verification of license renewal operates to continue licensure in full force and effect pending issuance of the renewal license document.
A. Upon written request, the board may approve inactive status to a licensee if, at the time of request, the license is current and in good standing.
B. Upon approval of inactive status by the board, the licensee shall not engage in the practice of physical therapy within the state of Louisiana. Engaging in the practice of physical therapy while inactive is a violation of this Section and may subject the licensee to disciplinary action.
a. provide documentation satisfactory to the board of completion of the continuing education requirements specified in §194 for the continuing education period immediately preceding reactivation;
a. licensee shall be subject to a three-month period of supervised clinical practice;
b. licensee may only practice under the on-premises supervision of a board approved PT who has practiced no less than three years with a Louisiana license in good standing;
c. completion of the practice assessment and satisfactory completion of continuing education courses indicated by that tool to bring the applicant’s knowledge to current standards;
d. a supervision agreement must be approved by the executive director before a provisional license will be issued. The supervision agreement shall be in force for the entire three-month supervisory period. This licensee may only practice in those facilities and under the supervision of the PT named in the approved supervision agreement. Any change in practice site or supervisor must be submitted in a revised supervision agreement prior to the change taking place. At the end of the supervisory period, the supervising PT of record shall report to the board the satisfactory or unsatisfactory completion of the supervision period. If an unsatisfactory supervision period is reported by the supervising PT of record, the board, in its discretion, may require an additional three-month supervisory period; and
F. Licensees who voluntarily agree to abstain from the practice through an agreement with the board shall be placed on inactive status.
A. Licensees shall be notified by the board of license renewal deadlines. Standard procedure for license renewal and the payment of required fees is by online application through the board website. Upon written request, a renewal application shall be mailed to the licensee. Failure to receive notification of license renewal deadlines shall not be a defense for failure to timely renew a license.
A. As required by R.S. 37:2951, the board shall deny an application for renewal if a licensee has defaulted on a loan from the Louisiana Student Financial Assistance Commission. Upon notice from the Louisiana Student Financial Assistance Commission that a repayment agreement has been established, the license shall be renewed.
B. The board will not renew a license if a licensee has defaulted on court ordered or Attorney General's notice of child support arrearages. Upon receipt of notification that a repayment agreement has been established, the license shall be renewed.
A. An application for reinstatement of a suspended license requires satisfaction of the requirements of §187.E.
B. Application for reinstatement of a revoked license must be made in compliance with the requirements of initial licensure in Louisiana, and shall not be heard less than three year from the revocation decision.
C. Prior to reinstatement of a license previously revoked, a hearing shall be held by the Board to afford the Respondent an opportunity to present evidence that the cause for the revocation no longer exists and to provide an opportunity for the Board to evaluate changes in the Respondent and/or the conditions which caused the revocation.
A. An expired license may be reinstated pursuant to the requirements set forth below.
D. Reinstatement pursuant to this Section does not insulate the applicant from disciplinary action which the board finds appropriate for practicing without a current license after April 30 to the date of reinstatement.
A. An applicant seeking reinstatement of a license which lapsed during active military service shall be required to pay a license renewal fee only, and that fee shall be proportional to the months remaining in his renewal cycle.
A. To be approved by the board, a continuing education course or activity as defined in Rule 123, must contribute directly to the professional competence of the licensee and must directly relate to the skills and knowledge required to implement the principles and methods of physical therapy.
A. Courses and activities approved by the board will be posted on the board website and will indicate the hours of credit which may be earned and the classification of the course.
B. Consideration of courses or activities for approved continuing education credits shall be based on the content criteria in Rule 195 and the administrative and program criteria as set forth in the Continuing Education Policy posted on the board website.
C. Proposed continuing education courses or activities shall be submitted to the board for approval on a form provided on the board website. Generally, courses or activities of longer duration will require more time for review than courses of short duration.
D. Courses and activities sponsored by the APTA, Louisiana Physical Therapy Association, and by any Louisiana CAPTE accredited program that meet the content criteria described in §195 are automatically approved by the board for continuing education credits toward the biennial requirements for licensees described in §194.
E. Review charge for APTA, LPTA, and Louisiana CAPTE accredited program sponsors will be waived. A fee schedule for all other course review is described in §501.
A. Unless exempted under §198, licensees shall successfully complete, document and report to the board at least 30 hours of board approved continuing education courses or activities in the biennial renewal period. No carryover of continuing education hours from one renewal period to another shall be allowed. Continuing education will be granted in the reporting period in which the academic coursework, clinical instruction, tool, residency, or fellowship is completed.
a. teaching an approved clinical/preventive course or activity. A licensee may receive two hours of credit for each contact hour approved for the course or activity, not to exceed 10 hours. This credit will be given only for the first time the course is presented, during the renewal period;
b. ten hours of credit for an initial certification by the American Board of Physical Therapy Clinical Specialties;
c. one hour of credit for every two hours spent in an approved post-professional clinical residency or fellowship, not to exceed ten hours credit;
d. coursework in a postgraduate physical therapy curriculum, transitional DPT program, or an accredited college or university that meets content criteria may be accepted. Courses will be credited for each satisfactorily completed hour resulting in a grade of B or higher. One semester hour shall be equal to 10 contact hours.
a. a course or activity designed to enhance skills in management of a physical therapy practice;
A. It is the responsibility of each licensee to assure that his continuing education hours are timely reported with his license renewal application.
B. The reporting of continuing education hours by course or activity sponsors and by licensees shall be made only on forms approved by and available from the board website. Forms filed by course or activity sponsors or licensees shall be legibly printed or typewritten, and shall be completed and verified by the course or activity sponsor or licensee. A stamp or other image provided by and imprinted by the course sponsor on course materials shall suffice for proof of completion of that continuing education activity.
C. Continuing education activities undertaken for the purpose of license renewal shall be maintained by the licensee in a file in which records of activities are kept, including dates, subjects, duration of the program, certificates of participation and completion, and any other appropriate documentation for a period of four years after the program date. Upon request, course or activity sponsors and licensees shall supply the board with such documentation.
D. The board shall conduct an audit of the continuing education records of a number of the licensees to be determined by the board each renewal period. The board will notify licensees who are randomly selected for audit to determine compliance with the continuing education requirements. Licensees chosen for the audit shall submit to the board by the specified date copies of all records and documentation showing completion of the continuing education courses or activities previously submitted for fulfillment of continuing education requirements.
A. PTs or PTAs licensed in Louisiana are exempt from the Subchapter J continuing education requirements for the continuing education year, beginning April 1 and ending March 31 of the following year, in which they graduate from an accredited physical therapy education program. For the second year of the licensee’s renewal period, 15 contact hours must be completed and reported in keeping with the requirements of §194.
A. Noncompliance. Noncompliance with continuing education requirements includes, but is not limited to, incomplete reports, unsigned reports, unsigned verification of course or activity completion, failure to report a sufficient number of approved continuing education hours as defined in Rule 193, or any other matters considered to be noncompliance by the board.
A. A licensed PT is authorized to engage in the practice of physical therapy as set forth in the Practice Act and the board's rules which includes, but is not limited to, the performance of physical therapy evaluations, consultative services, wound care and debridement, the storage and administration of aerosol and topical agents, the performance of passive manipulation, and preventive services all as more fully defined in Rule 123.
B. A PT is responsible for managing all aspects of the physical therapy care of each patient.
C. A PT shall exercise sound professional judgment based upon his knowledge, skill, education, training, and experience, and shall perform only those procedures for which he is competent. If, during evaluation, reassessment or screening, the PT finds that treatment which is outside the scope of his knowledge, experience, or expertise is needed, the PT shall notify the patient or client and provide a referral to an appropriate healthcare provider.
D. Before working in a school or home health setting, a PTA shall have one year of supervised work experience.
E. A PTA may act as a clinical instructor for a PTA student, a supervisor of a PTA CAPTE provisional licensee pending examination, or a supervisor of a foreign-educated PTA (FEPTA) provisional licensee, provided that the PTA clinical instructor has one year of supervised work experience in the practice setting in which he will act as the clinical instructor.
A. These rules are intended to facilitate and implement the provisions of R.S. 37:2418(C)(4). They are meant as practical guidelines, while maintaining flexibility in the rendering of physical therapy services, without eliminating the opportunity for oversight and supervision.
A. In the provision of early childhood services through the Early Childhood Intervention (ECI) program, the PT conducts appropriate screenings, evaluations, and assessments to determine needed services to fulfill family-centered goals.
B. Subject to the provisions of this Section, the PT shall implement physical therapy services in accordance with the recommendations accepted by the Interdisciplinary Team, as stated in the Individual Family Service Plan.
C. Evaluation and reevaluation in the educational setting will be conducted in accordance with federal mandates under Part C of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Rule 1436, or when warranted by a change in the child's condition, and include onsite reexamination of the child.
A. The purpose of this rule is to establish standards of practice, as authorized by R.S. 37:2405 A.(8), for the utilization of dry needling techniques, as defined in §123, in treating patients.
B. Dry needling is a physical therapy treatment which requires specialized physical therapy education and training for the utilization of such techniques. Prior to utilizing dry needling techniques in patient treatment, a PT shall successfully complete a board-approved course of study consisting of no fewer than 50 hours of face-to-face instruction in intramuscular dry needling treatment and safety. Online and other distance learning courses will not satisfy this requirement. Practicing dry needling without compliance with this requirement constitutes unprofessional conduct and subjects a licensee to appropriate discipline by the board.
C. In order to obtain board approval for courses of instruction in dry needling, sponsors must document that instructors utilized have had no less than two years experience utilizing such techniques. Instructors need not be physical therapists, but should be licensed or certified as a healthcare provider in the state of their residence.
D. Prior to performing the initial dry needling treatment on a patient the physical therapist shall educate the patient of the potential risks and benefits of dry needling and receive informed consent from the patient. Documentation of the education and consent shall be maintained in the patient treatment record.
E. Dry needling treatment shall be performed in a manner consistent with generally accepted standards of practice, including sterile needle procedures and the standards of the U.S. Centers for Disease Control and Prevention. Treatment notes shall document how the patient tolerated the technique and the outcome of treatments.
A. A PT shall notify the patient and shall document the transfer of care of the patient, as appropriate, to another health care provider in the event of elective termination of physical therapy services by the PT.
A. In providing physical therapy as authorized by law, PTs are authorized to procure from licensed distributors, store and utilize legend devices and topical legend drugs which are employed in the delivery of physical therapy.
A. Changes to licensee information. Applicants and licensees must notify the board in writing of any change in a residential or business address, telephone number or email address within 30 days that such change takes effect
A. The board hereby adopts R.S. 40:1223.1 et seq., known as the “Louisiana Telehealth Access Act”, including any amendments thereto, and promulgates these rules to provide for, promote, and regulate the use of telehealth in the delivery of physical therapy services through telehealth. Physical therapists and physical therapist assistants owe a duty to patients to provide quality physical therapy services in accordance with the laws and rules governing the practice of physical therapy regardless of the mode in which those services are rendered. These rules shall be interpreted, construed and applied so as to give effect to such purposes and intent.
B. Individuals who are licensed physical therapists and physical therapist assistants in good standing in Louisiana may provide physical therapy via telehealth to a patient in an originating site as defined in R.S. 40:1223.3 within the jurisdiction of Louisiana and shall follow all requirements for standard of practice and documentation as provided in the Practice Act and board rules. The standard of care for telehealth services shall be at least equivalent to the standard of care for services delivered in person.
C. When providing telehealth services, a licensee shall have documented procedures in place to address remote medical or clinical emergencies at the patient’s location.
D. A physical therapist licensed in good standing in another jurisdiction who is providing information, advice, or opinion through telehealth to a physical therapist licensed in Louisiana regarding patient care shall be exempt from Louisiana licensure requirements.
E. A Louisiana licensee providing telehealth services to a patient in an originating site as defined in. R.S. 40:1223.3 in a jurisdiction outside of Louisiana may be required to be licensed or registered in the jurisdiction in which the originating site is located.
A. A PT shall use the letters "P.T." in connection with his name or place of business to denote licensure. A PTA shall use the letters "P.T.A." in connection with his name to denote licensure.
B. A PT student who is pursuing a course of study leading to a degree as a PT in a professional education program approved by the board and is satisfying supervised clinical education requirements related to his physical therapy education shall use the letters "S.P.T." in connection with his name while participating in this program. A PTA student who is pursuing a course of study leading to a degree as a PTA in a professional education program approved by the board and is satisfying supervised clinical education requirements related to his physical therapist assisting education shall use the letters "S.P.T.A." in connection with his name while participating in this program.
C. No person or business entity, its employees, agents, or representatives shall use in connection with that person's name or the name or activity of the business, the words "physical therapy", "physical therapist", "physiotherapy", "physiotherapist", "registered physical therapist", "licensed physical therapist", "doctor of physical therapy", the letters "PT", "DPT", "LPT", "RPT", "physical therapist assistant", "P.T.A.", "physiotherapist assistant", or any other words, abbreviations, or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied, unless such services are provided by or under the direction of a PT licensed pursuant to the Practice Act.
D. No person or business entity shall advertise or otherwise promote another person as being a "physical therapist", "physiotherapist", "P.T.", "physical therapist assistant", "physiotherapist assistant", or "P.T.A" unless the individual so advertised or promoted is licensed as a PT or PTA under the Practice Act. No person or business entity shall offer, provide, or bill any person for "physical therapy" or "physiotherapy" unless the individual performing those services is licensed pursuant to the Practice Act.
A. In accordance with R.S. 37:2408(B), a person employed as a physical therapist or a physical therapist assistant by the United States government, or any department, agency, or bureau thereof, shall not be required to obtain a license under the provisions of this Chapter. However, such person may engage in the practice of physical therapy outside the course and scope of such federal employment only after obtaining a license in accordance with this Chapter.
B. A student shall be exempt from licensure when pursuing a course of study leading to a degree in physical therapy or physical therapist assisting in a physical therapy education program approved by the board and while satisfying a supervised clinical rotation related to his education.
C. A physical therapist or physical therapist assistant licensed in another jurisdiction of the United States or credentialed in another country performing physical therapy incidental to teaching, demonstrating or providing physical therapy services in connection with teaching or participating in an educational seminar of no more than 60 days in a calendar year, provided such physical therapist or physical therapist assistant is licensed in good standing in another jurisdiction or credentials are in good standing in another country, or holds an appointment on the faculty of a school approved for training physical therapists or physical therapist assistants.
D. Any physical therapist or physical therapist assistant licensed in a jurisdiction of the United States or credentialed in another country performing physical therapy as part of his training within a post professional residency or fellowship program in this state shall be exempt from licensure in Louisiana, provided such physical therapist is licensed in good standing in another jurisdiction or credentials are in good standing in another country.
E. A physical therapist or physical therapist assistant licensed in a jurisdiction of the United States or credentialed in another country contracted or employed to provide physical therapy to patients/clients affiliated with or employed by established athletic teams, athletic organizations or performing arts companies temporarily practicing, competing or performing in the jurisdiction for no more than 60 days in a calendar year.
A. The rules of this Subchapter prescribe certain restrictions and requirements for supervision of physical therapists assistants, provisional licensees, technicians and students.
A. A PT holding a provisional license pending examination shall engage in the practice of physical therapy under the supervision of one or more board-approved supervisor(s).
A. The clinical supervisor for a foreign-educated provisional licensee must be an APTA certified clinical instructor or, within the three years prior to serving as a supervisor, have previously served as clinical instructor for a PT or PTA student as part of an approved school of physical therapy or physical therapist assisting. To be approved as a clinical supervisor of a foreign-educated provisional licensee, a PT shall have at least three years of clinical experience with an unrestricted license. A clinical supervisor is subject to ratio restrictions pursuant to R.S. 37:2418(F)(2)(a).
a. perform an initial physical therapy evaluation and create the plan of care on each patient prior to delegation of treatment;
b. treat and reassess the patient at least every sixth treatment day or every 30 days, whichever occurs first;
c. treat and assess the patient for his final treatment session when feasible, as defined in Rule 123, and write a discharge summary;
d. be readily accessible by beeper or telephone and available to the patient by the next scheduled treatment session upon request of the patient or PTA; and
A. A clinical instructor shall provide on-premises supervision to a PT student in all practice settings. A clinical instructor shall provide continuous supervision to a PTA student in all practice settings. A PTA may act as a clinical instructor for a PTA student in all practice settings provided that the PT supervisor of the PTA is available by telephone or other communication device.
B. A PTA can be a clinical instructor for the PTA student provided the PTA has one year practice experience.
A. Supervision Ratio. Limitations on supervision for a physical therapist shall comply with R.S. 37:2418(F)(2)(a).
B. It is the responsibility of each PT to determine the number of individuals he can supervise safely and within the ratio set forth by law.
C. The documentation standards set forth above do not mandate a particular format; however, a complete physical therapy record must include these elements.
D. A signature stamp shall not be used in lieu of a written signature on physical therapy patient records. Forms of electronic signatures, established pursuant to written policies and mechanisms to assure that only the author can authenticate his own entry, are acceptable.
E. Documentation by a student must be co-signed by the Supervising PT of Record or supervising PTA.
F. A written record of an initial screening for wellness or preventive services shall be kept along with plans for implementation of a wellness or preventive program.
A. The board, after due notice and hearing as set forth herein and in the Louisiana Administrative Procedure Act, R.S. 49:950 and following, may refuse to issue a license or provisional license, or may suspend, revoke, or impose probationary conditions and/or restrictions on a licensee upon finding that the licensee has violated the Practice Act, or any of the Rules promulgated by the board.
B. Board orders in disciplinary proceeding may require the respondent to reimburse the board in accordance with R.S. 37:2405(B)(11).
C. In placing a respondent on suspension or probation, the board may impose such additional terms, conditions and restrictions as it deems appropriate for the period of suspension or probation. The board shall specify in its order the exact duration of the suspension or probationary period. Upon finding that a respondent placed on probation has failed to comply with the terms and conditions of the board order, the board may take such additional disciplinary action as it deems appropriate, following notice and hearing.
A. The board shall deem a violation any charge of conduct which fails to conform to the Practice Act, and board rules to carry out the provisions of the Act, and shall take appropriate action where violations are found. The rules of this Chapter complement the board’s authority to deny, suspend, revoke or take such other action against a licensee, as it deems appropriate.
a. failure to use sound professional judgment;
b. failing to assess a patient’s status at every visit;
c. performing or attempting to perform procedures for which the licensee is not qualified by education, experience, licensure, or training;
d. failure to inform and refer the patient or client to an appropriate practitioner, when the licensee becomes aware of findings and/or the need for treatment which are outside the scope of the PT’s competence;
(e) providing treatment interventions that are not warranted by the patient’s condition or continuing treatment beyond the point of reasonable benefit to the patient;
f. providing substandard care as a PTA by exceeding the authority to perform components of physical therapy interventions selected by the supervising PT of record or through a deliberate or negligent act or failure to act, whether or not actual injury to any person occurred;
g. causing, or permitting another person to cause, physical or emotional injury to the patient, or depriving the patient of his individual dignity; or
a. delegate professional, physical therapy, or, if applicable, physical therapist assistant responsibilities to a person the PT or PTA knows, or has reason to know, is not qualified by education, training, experience or licensure to perform the function or responsibility involved; or
a. not falsely create or alter a medical record or destroy a medical record except as authorized by law;
b. upon receipt of proper authorization, and in conformity with R.S. 40:1299.96, make patient medical records in the PT's possession available within a reasonable period of time to the patient, the patient's representative, or another physician or licensed health care provider;
c. make arrangements for patient access to medical records created by the licensee after relocating or closing a physical therapy practice, retiring, or being prohibited from practice by order of the board;
d. make arrangements, or assist another PT practicing in the same group to make arrangements, for access by a patient to his medical records after the PT has left a physical therapy practice, relocated a practice to a new location, closed a practice, or retired;
e. insure proper destruction of medical records by methods approved by state or federal authorities; and
a. place his or her own financial gain over the interest and welfare of a patient in initiation or continuation of physical therapy services that are contraindicated or cannot reasonably result in a beneficial outcome; or
a. engage in the practice of physical therapy while under the influence of a mood-altering substance that compromises the professional judgment or practice or has the potential to compromise the medical judgment or practice;
b. enable practice by an impaired provider;
A. As used in La. R.S. 37:2420.A (4) of the Practice Act, a "felony" is a crime defined as such under the laws of the US, or of any state. The term "convicted", as applied to a licensed PT or PTA, or an applicant for such license is a judgment entered against such person by a court of competent jurisdiction on the basis of a finding or verdict of guilty or a plea of guilty or nolo contendere. Such a judgment provides cause for administrative action by the board so long as it has not been reversed by an appellate court of competent jurisdiction, notwithstanding that an appeal or other application for relief from such judgment may be pending.
C. If the board receives apparently reliable information, including, but not limited to, reports made pursuant to R.S. 37:1745.14, which information or report puts in question a licensee’s or applicant’s current fitness and ability to practice physical therapy with reasonable skill and safety to patients, the licensee or applicant shall submit to such physical or mental examination, evaluation, test, or drug/alcohol screen as requested by the executive director to determine the licensee’s or applicant’s fitness and ability to practice physical therapy with reasonable skill and safety to patients.
D. A respondent shall appear for drug screening and testing at the facility designated by the executive director within six hours of initial contact by the board representative sent to the telephone number or email address designated for such purposes by respondent pursuant to §355, or as otherwise provided in the rules.
E. Records of such examinations, evaluations, tests, and screens shall be maintained by the board in confidence unless such records are admitted into the record of any adjudication proceeding before the board or subpoenaed by a court order.
A. Under the provisions of R.S. 37:2402 and following, the board has the authority to establish and implement recovery programs for PTs and PTAs as an alternative to the disciplinary process. The RPTP is established to assist board licensees who have demonstrated actual or potential inability to practice physical therapy with reasonable skill and safety to patients because of impairment as defined in §123. The goal of the RPTP is for PTs or PTAs to be treated and to return to practice in a manner which will not endanger public health, safety and welfare.
E. Defer or Suspend Disciplinary Proceedings. When disciplinary proceedings have been initiated or could be initiated against a licensee pursuant to R.S. 37:2401-2424, such proceedings may be deferred or suspended to allow the licensee to participate in the RPTP.
F. An eligible person as defined in Subsection B of this Section not meeting the criteria of §357 may be admitted into the RPTP by the board pursuant to any adjudication order.
G. In addition to providing an alternative to discipline, the RPTP accepts eligible persons who have been diagnosed with a physical, and/or mental impairment, or substance abuse and/or dependency and eligible persons already subject to discipline ordered by the board.
H. When a licensee ceases to be in compliance with his RPTP agreement, he shall be referred back to the board for regular disciplinary proceedings or such action as authorized in the RPTP agreement.
I. Use of Outside Contractor. The RPTP may be administered by board staff directly or the board may delegate to a qualified outside contractor the administration and operation of all or part of RPTP on such terms as it deems prudent. Such contractor shall be charged with the powers and responsibilities set forth in these rules. If delegated to a qualified outside contractor, the board shall cooperate with a contract operator of RPTP and shall act responsibly to meet its obligations under the Practice Act, board rules, RPTP agreements and contracts with outside contractors.
A. When a licensee ceases to be in compliance with his RPTP Agreement, he shall be referred back to the board for regular disciplinary proceedings.
A. A RPTP participant who moves from Louisiana to another state with an alternative program shall have records transferred to that program.
B. A RPTP participant who moves to a state where there is no alternative program shall have his records transferred to the licensing board in the receiving state.
A. As authorized by R.S. 37:2420(A)(5), the board may refuse to license any applicant, or may refuse to renew the license of any person, or may restrict, suspend or revoke any license upon proof that a person has been habitually intemperate or abused controlled dangerous substances as defined by federal or Louisiana law.
A. Declaration of Purpose; Interpretation and Application. Physical therapists and physical therapist assistants owe a fiduciary duty to patients to exercise their professional judgment in the best interests of their patients in providing, furnishing, recommending, or referring patients for health care items and services, without regard to personal financial recompense. The purpose of these rules and the laws they implement is to prevent payments by or to a health care provider as a financial incentive for the referral of a patients to a health care provider for diagnostic or therapeutic services or items. These rules shall be interpreted, construed and applied so as to give effect to such purposes and intent.
B. As used in La. R.S. 2420 A.(8) of the Practice Act, the phrase "engages directly or indirectly in the division, transferring, assigning, rebating, or refunding of fees received for professional service with a referring practitioner or any relative or business associate of that referring practitioner" means the exploitation of the physical therapy referral mechanism so that a referring practitioner receives compensation, payment, or anything of value, including but not limited to rental fees in excess of fair market value, or any other unearned monies or value in kind, in return for a patient referral when the referring practitioner does not have an ownership interest in the physical therapy practice involved.
C. Violation of R.S. 37:1744 shall be a violation of these rule and the laws they implement.
D. Violation of R.S. 37:1745 shall be a violation of these rules and the laws they implement.
E. General Exceptions. Any payment, remuneration, practice, or arrangement, which is not prohibited by or unlawful under §1128B(b) of the federal Social Security Act (Act), 42 U.S.C. §1320a-7b(b), as amended, with respect to health care items or services for which payment may be made under title XVIII or title XIX of the Act, including those payments and practices sanctioned by the secretary of the United States Department of Health and Human Services, through the Office of the Inspector General, pursuant to §1128B(b)(3)(E) of the Act, through regulations promulgated at 42 CFR §1001.952, as the same may hereafter be amended, shall not be deemed a payment prohibited by R.S. 37:1745(B) or by §369 of these rules with respect to health care items or services for which payment may be made by any patient, private, or governmental payer.
F. Sanctions. Upon proof of a violation, the board may suspend or revoke, refuse to issue, or impose probationary or other restrictions on any license and shall order the refund of all such sums received in payment for the goods and services furnished or rendered without disclosure of financial interest. Such a refund shall be paid to the individual patient, third-party payor, or other entity who made the payment.
G. The board shall submit to the commissioner of insurance an annual report listing the investigations undertaken pursuant to this Section, including the number of violations and the sanctions imposed, if any.
A. The purpose of the following rules is to supplement and effectuate the applicable provisions of the Louisiana Administrative Procedure Act, La. R.S. 49:950 and following, regarding the disciplinary process and procedures. These rules are not intended to amend or repeal the provisions of the Louisiana Administrative Procedure Act, and, to the extent any of these rules are in conflict therewith, the provisions of the Louisiana Administrative Procedure Act shall govern.
B. A disciplinary proceeding, including the formal hearing, is less formal than a judicial proceeding. It is not subject to strict rules and technicalities, but must be conducted in accordance with considerations of fair play and constitutional requirements of due process.
C. The purpose of a disciplinary proceeding is to determine contested issues of law and fact; whether the Respondent did certain acts or omissions and, if he did, whether those acts or omissions violated the Practice Act or board rules; and to determine the appropriate disciplinary action.
D. Pursuant to 45 CFR 60.1, the board is required to report certain information, including final adverse actions it has taken against its licensees, to the NPDB. The board may designate an agent to act on its behalf to report information and submit queries to the NPDB as required by federal law, as may be amended from time-to-time.
A. Complaints may be initiated by any person or by the board on its own initiative. A licensee is obligated to report to his supervisor or employer, and to the board, violations of the Practice Act, board rules or the minimal standards of acceptable and prevailing physical therapy practice as defined in §123.
B. Failure by a licensee to report such violations to his supervisor or employer and to the board may subject the licensee to disciplinary action.
A. In accordance with R.S. 49:961, if the board finds that public health, safety, and welfare require emergency action and incorporates a finding to that effect in its order, a summary suspension of a license may be ordered pending proceedings for suspension, revocation or other action. Such proceedings shall be promptly instituted and determined.
C. If the Respondent fails to reply to the board's second request or otherwise fails to cooperate with the board, the board shall record the circumstances of the failure to cooperate and shall notify the Respondent of the date for an Informal Conference or Formal Hearing and that failure to appear and participate may result in action which could eventually lead to suspension or revocation of license, or other appropriate sanctions under the law.
A. A Respondent who is required by board order to provide information or perform certain acts will be monitored by a board representative to ensure that the requirements imposed by the board order are met.
B. Respondents working under a board order resulting from disciplinary proceedings shall provide to the executive director their preferred telephone and/or email address for expedited communications regarding compliance with board orders. Once designated by the Respondent, all communication regarding compliance shall be directed by board representatives to that telephone number or email address and the Respondent shall be responsible for responding to such communications within four hours of the time the message was sent to the designated telephone number or email address. Failure of the Respondent to respond to the board representative within four hours shall be grounds for disciplinary action against the Respondent. If the Respondent desires to change the designated means of communication, they shall do so in writing sent to the executive director.
A. The board is authorized by R.S. 37:2420, to initiate administrative proceedings against persons to whom it has issued a license to practice as a PT or PTA or against any applicant requesting a license. The board and the Respondent accused of a violation are the parties to the proceeding. The person has the right to appear and be heard, either in person or through counsel; the right to notice, a statement of what accusations have been made; the right to present evidence and to cross examine; and the right to have witnesses subpoenaed.
B. If the Respondent does not appear, either in person or through counsel, after proper notice has been given, the Respondent is deemed to have waived these rights and the board may proceed with the hearing without the presence of the Respondent.
a. The complaint is investigated by the Investigative Committee as defined in §123 to determine if there is sufficient evidence to warrant disciplinary proceedings. Once the complaint is under investigation, no board member (except board members serving as members of an Investigative Committee) shall receive or review any information relevant to the subject matter of the investigation or communicate with the respondent or his legal representative, potential witnesses, or any member of the Investigative Committee concerning any issue of fact or law relevant to the investigation. A board member who has served on the Investigative Committee shall not serve as a member of a hearing panel of the board in the adjudication of a case previously investigated by the board member.
ii. The Respondent, through board correspondence, has been given an opportunity to show compliance with lawful requirements for the retention of his license without restriction as contemplated by R.S. 49:961.C, but the Respondent fails to respond, affirmatively waives the opportunity or provides an unconvincing response to the board’s correspondence; or
a. At least 20 days prior to the date set for the hearing, a copy of the charges in the form of an Administrative Complaint shall be served on the Respondent by certified mail with return receipt as well as by regular first class mail at the most current address reflected in the official records of the board, or by personal service on the Respondent. Respondent is obligated to provide current contact information to the board as required by §317. If service by certified mail is not effective or is returned unclaimed, attempted personal service does not succeed and attempted notice at Respondent’s email address and telephone number also are unsuccessful, the complaint may be adjudicated by default pursuant to R.S. 49:955.D.
b. The content of the charges limits the scope of the hearing and the evidence which may be introduced. The charges may be amended at any time up to ten days prior to the date set for the hearing.
c. If the board is unable to describe the matters involved in detail at the time the sworn complaint is filed, this complaint may be limited to a general statement of the issues involved. Thereafter, upon respondent’s request, the board shall provide a more definite and detailed statement.
d. The respondent may file a written answer to the complaint within 15 days of service, admitting or denying each of the separate allegations. Any matter admitted by the respondent shall be deemed proved and established for the purpose of adjudication. In the event the respondent does not answer the complaint, all allegations will be deemed denied.
A. The chairman, or an authorized agent of the board, shall issue subpoenas on behalf of the board for disciplinary proceedings and when requested to do so, may issue subpoenas for respondent.
D. A motion to limit or quash a subpoena may be filed with the board, but not less than 72 hours before the hour set for the hearing.
A. The hearing shall be convened by the board chair or acting board chair at the time, date and place provided in the notice to respondent, at which time the board's primary role is to receive evidence and argument, and to reach a decision. Any board member, who, because of bias or interest, is unable to provide a fair hearing, shall be recused from the particular proceeding. The reasons for the recusal are made part of the record. Should the majority of the board members be recused for a particular proceeding, the governor shall be requested to appoint a sufficient number of pro tem members to provide a quorum for the proceeding in accordance with La. R.S. 49:960B.
B. Any objection to the composition of the hearing panel or the qualifications of any member of the hearing panel shall be made and ruled on by the chair before any evidence is received.
C. The board shall be represented by its investigating board member who has conducted the investigation and by its prosecuting attorney who presents evidence to support the charges contained in the administrative complaint.
D. Respondent may present evidence personally or through an attorney, and witnesses may testify on his behalf.
a. which evidence may include, but is not limited to, all evidence admissible pursuant to R.S. 49:956(2) and (3);
C. Sanctions against the respondent shall be based upon the findings of fact and conclusions of law determined by the board. The respondent shall be notified by mail of the decision of the board.
A. The board may reconsider a matter which it has decided. This may involve a rehearing of the case, or a reconsideration of the case based on the existing record. Such reconsideration may occur when a party who is dissatisfied with a decision of the board files a petition requesting that the decision be reconsidered by the board.
D. The board shall reconsider a matter when ordered to do so when the case is remanded for reconsideration or rehearing by a court to which the board's decision has been appealed.
A. Any respondent whose license has been revoked, suspended, denied or otherwise sanctioned by the board has the right to have the proceedings of the board reviewed by the state district court having jurisdiction over the board, provided that such petition for judicial review is filed within 30 days after receipt of the notice of the decision of the board. If judicial review is granted, the board's decision is enforceable in the interim unless the court orders a stay.
A. A respondent aggrieved by any final judgment rendered by the state district court may obtain a review of said final judgment by appeal to the appropriate circuit court of appeal. Pursuant to the applicable Section of the Louisiana Administrative Procedure Act, La R.S. 49:965, this appeal shall be taken as in any other civil case.