RULES AND REGULATIONS
Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF PHYSICAL THERAPY
[ 49 PA. CODE CH. 40 ]
Continuing Education Providers
[40 Pa.B. 6265]
[Saturday, October 30, 2010]The State Board of Physical Therapy (Board) amends § 40.63 (relating to continuing education) to read as set forth in Annex A.
Description and Need for the Rulemaking
Section 9(a) of the Physical Therapy Practice Act (act) (63 P. S. § 1309(a)) generally prohibits a physical therapist from treating human ailments by physical therapy except upon referral by a physician. However, under section 9(b) of the act, a physical therapist who meets certain qualifications may receive from the Board a certificate of authority to practice physical therapy without the required referral (often known as direct access). Under section 9(c)(1) of the act, a certificateholder shall complete a minimum amount of continuing education in each biennial renewal cycle to maintain direct access certification. The Board previously promulgated § 40.63 to set standards of continuing education for a direct access certificate holder.
Under § 40.63(d), a sponsor shall apply to the Board and obtain approval for each course or program of continuing education for the direct access certificateholder to receive credit that will satisfy the continuing education requirement. To avoid the need to apply for approval and review applications from providers that the Board knows currently meet the standards for approved continuing education courses, the Board proposed to preapprove those sponsors without requiring an application or specific review by the Board, to include the American Physical Therapy Association and its components, the Federation of State Boards of Physical Therapy, graduate education programs accredited by the Commission on Accreditation in Physical Therapy Education, and post-entry level doctorate of physical therapy programs in institutions accredited by the regional accrediting organization recognized by the Council of Regional Accrediting Commissions on behalf of the Council for Higher Education Accreditation. Additionally, § 40.63(d) does not currently set a time in which the sponsor shall apply for approval. The Board also proposed to require a continuing education sponsor to apply for approval at least 60 days in advance of the course or program so that the Board would have adequate time to review the application and to permit a sponsor to request a waiver of that time limitation for good cause shown. Finally, because a given course might be offered multiple times, the Board proposed to explicitly indicate through its regulations that approval of a course is good for multiple offerings of that course throughout the year.
Summary of Comments and Responses to Proposed Rulemaking
The Board published notice of proposed rulemaking at 39 Pa.B. 5435 (September 19, 2009) with a 30-day public comment period. The Board did not received comments from members of the public. The Board received comments from the House Professional Licensure Committee (HPLC) and the Independent Regulatory Review Commission (IRRC) as part of their review of proposed rulemaking under the Regulatory Review Act (71 P. S. §§ 745.1—745.12). The Board did not receive comments from the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC).
The HPLC first noted that § 40.63(d)(1) addresses ''approved courses and providers'' and recommended that this language referencing both courses and providers should be used consistently throughout the regulation. The Board agreed and revised the final-form rulemaking accordingly.
Regarding § 40.63(d)(6), which provides that a sponsor that is scheduling multiple presentations of a course or program shall indicate dates it is to be given, the HPLC requested an explanation of how the validity of approval is affected if dates for approval or courses and programs are not firm or change. This section was not intended to address validity of multiple presentations of the course or program. Rather, it was intended to apprise the Board that the course or program is being offered multiple times and when it is being offered. For a course or program offered a single time, the date of presentation is part of the application anyway. This requirement of notice of multiple presentations is simply to identify what the sponsor is asking the Board to approve.
The HPLC next requested an explanation of how a licensee will be informed of the approval or disapproval status of a course or program. The Board will directly notify the sponsor of approval or disapproval. The Board provides confirmation of licensure status online with LicensePA. This database also includes approved continuing education courses and programs. Moreover, the Board will provide confirmation to anyone who contacts the Board about a particular course or program.
Finally, the HPLC questioned how the Board will address distance learning. Existing § 40.63(e) provides that a certificateholder may accrue required hours in distance education courses offered by approved sponsors of continuing education so long as the course sponsor evaluates and assesses the extent of learning that has taken place. The Board sees nothing different about preapproved sponsors that would require deviation from this standard.
IRRC shared the concerns expressed by the HPLC as previously described and did not otherwise comment on the proposed rulemaking.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions and will not impose additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
Effective Date
The final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
The final-form rulemaking is authorized under section 3(a) of the act (63 P. S. § 1303(a)) and section 9(c) of the act.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 2, 2009, the Board submitted a copy of the notice of proposed rulemaking, published at 39 Pa.B. 5435, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on September 15, 2010, the final-form rulemaking was approved by the HPLC and the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on September 16, 2010, and approved the final-form rulemaking.
Additional Information
Persons who require additional information about the final-form rulemaking should submit inquiries to Regulatory Unit Counsel, Department of State, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7134, st-physical @state.pa.us.
Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The amendments to this final-form rulemaking do not enlarge the scope of proposed rulemaking published at 39 Pa.B. 5435.
(4) The final-form rulemaking is necessary and appropriate for the administration of the act.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 40, are amended by amending § 40.63 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) The final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
JAMES L. CLAHANE, PT,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 5655 (October 2, 2010).)
Fiscal Note: Fiscal Note 16A-6513 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 40. STATE BOARD OF PHYSICAL THERAPY
Subchapter A. PHYSICAL THERAPISTS
PRACTICE WITHOUT PHYSICIAN REFERRAL § 40.63. Continuing education.
(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
Certificateholder—A licensed physical therapist who holds a certificate of authorization to practice physical therapy without a referral.
Contact hour—A unit of measure equaling 60 minutes of participation in an approved continuing education course or program.
(b) Continuing education requirement for renewal of certificate of authorization. Beginning after the first renewal of the certificate of authorization, as a condition of certificate renewal, a physical therapist shall have completed during the preceding biennium a minimum of 20 contact hours of physical therapy continuing education related to keeping the certificateholder apprised of advancements and new developments in the practice of the physical therapy profession. At least 10 of the 20 contact hours shall be in evaluative procedures to treat a person without a referral.
(c) Reports to the Board. A certificateholder shall certify compliance with the continuing education hours requirement at the time of biennial renewal of the certificate. A certificateholder shall retain for at least 4 years, certificates, transcripts or other documentation showing completion of the prescribed number of hours. These records are subject to audit by the Board.
(d) Approved courses and programs.
(1) Courses and programs approved by the Board will be accepted as satisfying the continuing education requirement. It is the responsibility of the certificateholder to ascertain the approval status of the course or program before undertaking a continuing education activity.
(2) Irrespective of the sponsor, the Board reserves the right to reject a continuing education course or program submitted by a certificateholder if it is outside the scope of practice of physical therapy. The Board will not accept courses or programs which are unrelated to the actual practice of physical therapy—for example, instruction in office management or practice building. A certificate- holder will be notified of a rejected course or program in writing, along with the reason for the rejection.
(3) Sponsors of physical therapy continuing education seeking Board approval of individual courses and programs shall submit an application at least 60 days prior to the date the continuing education course or program is due to take place on forms provided by the Board and pay the required fee. The applicant will be notified of approval or disapproval in writing. Notifications of disapproval will set forth reasons. The Board will not approve a course or program unless the sponsor:
(i) Offers courses or programs, or both, with specific learning objectives geared to improve the professional competence of the participant.
(ii) Verifies attendance of the course.
(iii) Provides each attendee with a certificate which includes participant's name, date, place, course title, presenter and number of contact hours.
(4) The Board may withdraw approval of a sponsor for cause. The sponsor will be notified in writing of the reasons for withdrawal of approval.
(5) A sponsor seeking approval who is unable to submit the application at least 60 days prior to the date the course or program is given may request a waiver in writing setting forth the reasons why the 60-day requirement could not be met.
(6) Approval of a course or program shall be valid for 1 year after approval. In the event that the sponsor is scheduling multiple courses or programs, the sponsor shall indicate on the application each date the course or program is to be given.
(e) Distance education. A certificateholder may accrue all required hours in distance education courses offered by approved sponsors of continuing education as long as the course sponsor evaluates and assesses the extent of learning that has taken place.
(f) Reinstatement of certificate. Reinstatement of certificate shall be subject to the following conditions:
(1) A person whose certificate has lapsed or been inactive shall show compliance with the continuing education requirement during the biennium immediately preceding the request for reinstatement.
(2) A person whose certificate has been suspended or restricted shall show compliance with the continuing education requirement during the entire period of suspension or restriction.
(g) Waivers; exemptions for continuing education. The Board may, in individual cases involving physical disability or illness, or undue hardship, grant a waiver of the continuing education requirements or grant an extension of time to complete the requirements. No waiver or extension of time will be granted unless a written request is submitted by the licensee; or in cases of physical disability or illness, by a physician licensed in this state or another state or territory of the United States or the District of Columbia and whose license is in good standing, or both. Necessary documentation must be received by the Board no later than 90 days preceding the biennial renewal. If the physical disability or illness or undue hardship for which the waiver has been granted continues beyond the period of the waiver, the licensee shall reapply for an extension of the waiver. The Board may, as a condition of any waiver granted, require the applicant to make up all or part of the continuing education waived.
(h) Preapproved sponsors. In addition to sponsors whose specific courses and programs are approved, the Board finds the following entities have currently met the standards for approved courses and programs. Accordingly, courses or programs that otherwise meet all requirements for required continuing education are approved when offered by the following sponsors:
(1) The American Physical Therapy Association (APTA) and its components.
(2) The Federation of State Boards of Physical Therapy (FSBPT) and its jurisdictions.
(3) Graduate education programs accredited by The Commission on Accreditation in Physical Therapy Education (CAPTE).
(4) Postentry level doctorate of physical therapy programs in an academic institution accredited by a regional accrediting organization recognized by the Council of Regional Accrediting Commissions on behalf of the Council for Higher Education Accreditation.
[Pa.B. Doc. No. 10-2046. Filed for public inspection October 29, 2010, 9:00 a.m.]
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