TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Title of Regulation: 18VAC112-20. Regulations
Governing the Practice of Physical Therapy (amending 18VAC112-20-131).
Statutory Authority: § 54.1-2400 of the Code
of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: January 24, 2018.
Effective Date: February 8, 2018.
Agency Contact: Corie Tillman Wolf, Executive Director,
Board of Physical Therapy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233,
telephone (804) 367-4674, FAX (804) 527-4413, or email
ptboard@dhp.virginia.gov.
Basis: Section 54.1-2400 of the Code of Virginia
provides the Board of Physical Therapy the authority to promulgate regulations
to administer the regulatory system.
The specific mandate for physical therapists to complete
board-approved continuing education is found in § 54.1-3480.1 of the Code
of Virginia.
Purpose: The purpose of the amended regulation is to
expand the list of entities that may sponsor or approve continuing education.
Since the Federation of State Boards of Physical Therapy (FSBPT) is the
organization comprised of state boards of physical therapy, the board is
confident that it only approves or offers continuing education courses or
programs that have validity and add to the competency of licensees to provide
patient care in a safe and effective manner.
Rationale for Using Fast-Track Rulemaking Process: The
addition of FSBPT as a continuing education provider and approving body should
add to the opportunities for continuing education for licensees and should not
be controversial.
Substance: 18VAC112-20-131 is amended to include the
Federation of State Boards of Physical Therapy as one of the organizations or
entities that may approve or provide continuing education in physical
therapy.
Issues: The advantage to the public is that a licensee
has more options for continuing education, which improves his ability to
provide good patient care. There are no disadvantages to the public.
There are no advantages or disadvantages to the agency or the
Commonwealth.
Department of Planning and Budget's Economic Impact Analysis:
Summary of the Proposed Amendments to Regulation. The Board of
Physical Therapy (Board) proposes to add the Federation of State Boards of
Physical Therapy (FSBPT) to the list of entities that may approve or sponsor
continuing education (CE) for physical therapists and physical therapist
assistants.
Result of Analysis. The benefits likely exceed the costs for
the proposed amendment.
Estimated Economic Impact. The Department of Health Professions
believes that it is already generally assumed that CE approved or provided by
FSBPT would be recognized by the Board. Consequently, practically speaking, the
proposed amendment serves mostly as a clarification and most likely would not
change who offers CE and from where physical therapists and physical therapist
assistants choose to obtain their CE. Nevertheless, adding FSBPT to the list of
entities that may approve or sponsor CE for physical therapists and physical
therapist assistants is beneficial in that it eliminates potential confusion.
Businesses and Entities Affected. The proposed amendment
potentially affects the 7708 physical therapists and 3207 physical therapist
assistants licensed in the Commonwealth, their employers, and providers of
continuing education for physical therapists and physical therapist assistants.
Many physical therapists and physical therapist assistants work for large
health systems. It is unknown how many work for small businesses.
Localities Particularly Affected. The proposed amendment does
not disproportionately affect particular localities.
Projected Impact on Employment. The proposed amendment does not
significantly affect total employment.
Effects on the Use and Value of Private Property. The proposed
amendment does not significantly affect the use and value of private property.
Real Estate Development Costs. The proposed amendment does not
affect real estate development costs.
Small Businesses:
Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia,
small business is defined as "a business entity, including its affiliates,
that (i) is independently owned and operated and (ii) employs fewer than 500
full-time employees or has gross annual sales of less than $6 million."
Costs and Other Effects. The proposed amendment does not
significantly affect costs for small businesses.
Alternative Method that Minimizes Adverse Impact. The proposed
amendment does not adversely affect small businesses.
Adverse Impacts:
Businesses. The proposed amendment does not adversely affect
businesses.
Localities. The proposed amendment does not adversely affect
localities.
Other Entities. The proposed amendment does not adversely
affect other entities.
Agency's Response to Economic Impact Analysis: The Board
of Physical Therapy concurs with the analysis of the Department of Planning and
Budget.
Summary:
The amendment adds the Federation of State Boards of
Physical Therapy to the list of entities that may approve or sponsor continuing
education for physical therapists and physical therapist assistants.
18VAC112-20-131. Continued competency requirements for renewal
of an active license.
A. In order to renew an active license biennially, a physical
therapist or a physical therapist assistant shall complete at least 30 contact
hours of continuing learning activities within the two years immediately
preceding renewal. In choosing continuing learning activities or courses, the
licensee shall consider the following: (i) the need to promote ethical
practice, (ii) an appropriate standard of care, (iii) patient safety, (iv)
application of new medical technology, (v) appropriate communication with
patients, and (vi) knowledge of the changing health care system.
B. To document the required hours, the licensee shall
maintain the Continued Competency Activity and Assessment Form that is provided
by the board and that shall indicate completion of the following:
1. A minimum of 20 of the contact hours required for physical
therapists and 15 of the contact hours required for physical therapist
assistants shall be in Type 1 courses. For the purpose of this section,
"course" means an organized program of study, classroom experience or
similar educational experience that is directly related to the clinical
practice of physical therapy and approved or provided by one of the following
organizations or any of its components:
a. The Virginia Physical Therapy Association;
b. The American Physical Therapy Association;
c. Local, state or federal government agencies;
d. Regionally accredited colleges and universities;
e. Health care organizations accredited by a national
accrediting organization granted authority by the Centers for Medicare and
Medicaid Services to assure compliance with Medicare conditions of
participation;
f. The American Medical Association - Category I Continuing
Medical Education course; and
g. The National Athletic Trainers' Association; or
h. The Federation of State Boards of Physical Therapy.
2. No more than 10 of the contact hours required for physical
therapists and 15 of the contact hours required for physical therapist
assistants may be Type 2 activities or courses, which may or may not be offered
by an approved organization but which shall be related to the clinical practice
of physical therapy. Type 2 activities may include but not be limited to
consultation with colleagues, independent study, and research or writing on
subjects related to practice. Up to two of the Type 2 continuing education
hours may be satisfied through delivery of physical therapy services, without
compensation, to low-income individuals receiving services through a local
health department or a free clinic organized in whole or primarily for the
delivery of health services.
3. Documentation of specialty certification by the American
Physical Therapy Association may be provided as evidence of completion of
continuing competency requirements for the biennium in which initial
certification or recertification occurs.
4. Documentation of graduation from a transitional doctor of
physical therapy program may be provided as evidence of completion of
continuing competency requirements for the biennium in which the physical
therapist was awarded the degree.
5. A physical therapist who can document that he has taken the
PRT may receive 10 hours of Type 1 credit for the biennium in which the
assessment tool was taken. A physical therapist who can document that he has
met the standard of the PRT may receive 20 hours of Type 1 credit for the
biennium in which the assessment tool was taken.
C. A licensee shall be exempt from the continuing competency
requirements for the first biennial renewal following the date of initial
licensure by examination in Virginia.
D. The licensee shall retain his records on the completed
form with all supporting documentation for a period of four years following the
renewal of an active license.
E. The licensees selected in a random audit conducted by the
board shall provide the completed Continued Competency Activity and Assessment
Form and all supporting documentation within 30 days of receiving notification
of the audit.
F. Failure to comply with these requirements may subject the
licensee to disciplinary action by the board.
G. The board may grant an extension of the deadline for
continuing competency requirements for up to one year for good cause shown upon
a written request from the licensee prior to the renewal date.
H. The board may grant an exemption for all or part of the
requirements for circumstances beyond the control of the licensee, such as
temporary disability, mandatory military service, or officially declared
disasters.
VA.R. Doc. No. R18-5255; Filed December 4, 2017, 2:29 p.m.