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TITLE 4. PROFESSIONS AND OCCUPATIONS

CHAPTER 24. BOARD OF PHYSICAL THERAPY

Authority: A.R.S. § 32-2002 et seq.

ARTICLE 1. GENERAL PROVISIONS

Article 1 consisting of Sections R4-24-101 through R4-24-109 adopted effective June 3, 1982 (Supp. 82-3).

Former Article 1 consisting of Sections R4-24-01 through R4-24-06 repealed effective June 3, 1982 (Supp. 82-3).

Section

R4-24-101. Definitions

R4-24-102. Expired

R4-24-103. Board Officers

R4-24-104. Confidential Information and Records

R4-24-105. Expired

R4-24-106. Repealed

R4-24-107. Fees

R4-24-108. Repealed

R4-24-109. Renumbered

ARTICLE 2. LICENSING PROVISIONS

Article 2 consisting of Sections R4-24-201 through R4-24-203 adopted effective June 3, 1982 (Supp. 82-3).

Former Article 2 consisting of Sections R4-24-16 through R4-24-26 repealed effective June 3, 1982 (Supp. 82-3).

Section

R4-24-201. Application for a Physical Therapist License

R4-24-202. Reinstatement of License or Certificate

R4-24-203. Foreign-educated Applicant Requirements

R4-24-204. Supervised Clinical Practice

R4-24-205. Examination Scores

R4-24-206. Renumbered

R4-24-207. Application for a Physical Therapist Assistant Certificate

R4-24-208. License or Certificate Renewal; Address Change

R4-24-209. Time-frames for Board Approvals

Table 1. Time-frames (in days)

R4-24-210. Business Entity Registration; Display of Registration Certificate

R4-24-211. Renewal of Business Entity Registration

R4-24-212. Regulation of a Business Entity

R4-24-213. Business Entity Participation

Exhibit 1. Repealed

ARTICLE 3. PRACTICE OF PHYSICAL THERAPY

Article 3 consisting of Sections R4-24-301 and R4-24-302 adopted effective April 10, 1986 (Supp. 86-2).

Former Article 3 consisting of Sections R4-24-301 through R4-24-303 repealed effective April 10, 1986 (Supp. 86-2).

Section

R4-24-301. Lawful Practice

R4-24-302. Use of Titles

R4-24-303. Patient Care Management

R4-24-304. Adequate Patient Records

R4-24-305. Complaints and Investigations

R4-24-306. Hearings

R4-24-307. Subpoenas

R4-24-308. Rehearing or Review of Board Decisions

R4-24-309. Disciplinary Actions

R4-24-310. Substance Abuse Recovery Program

R4-24-311. Display of License; Disclosure

R4-24-312. Mandatory Reporting Requirement

Appendix A. Repealed

Appendix B. Repealed

ARTICLE 4. CONTINUING COMPETENCE

Article 4, consisting of Sections R4-24-401 through R4-24-403, adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2).

Section

R4-24-401. Continuing Competence Requirements for Renewal

R4-24-402. Continuing Competence Activities

R4-24-403. Activities Not Eligible for Continuing Competence Credit

ARTICLE 5. PUBLIC PARTICIPATION PROCEDURES

Article 5, consisting of Sections R4-24-501 through R4-24-506, adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2).

Section

R4-24-501. Expired

R4-24-502. Petition for Rulemaking; Review of Agency Practice or Substantive Policy Statement; Objection to a Section Based Upon Economic, Small Business or Consumer Impact

R4-24-503. Expired

R4-24-504. Expired

R4-24-505. Expired

R4-24-506. Written Criticism of Rule

ARTICLE 1. GENERAL PROVISIONS

R4-24-101. Definitions

In addition to the definitions in A.R.S. § 32-2001, in this Chapter:

1. “Accredited” means accredited by a nationally recognized accreditation organization.

2. “Accredited educational program” means a physical therapist or physical therapist assistant educational program that is accredited by:

a. The Commission on Accreditation of Physical Therapy Education, or

b. An agency recognized as qualified to accredit physical therapist or physical therapist assistant programs by either the U.S. Department of Education or the Council on Higher Education Accreditation at the time of the applicant’s graduation.

3. “Administratively suspend,” as used in A.R.S. § 32-2027, means the Board places a license or certificate issued under A.R.S. Title 32, Chapter 19 and this Chapter on suspended status because the license or certificate was not renewed timely.

4. “Applicant” means an individual or business entity seeking an initial or renewal license, initial or renewal certificate, initial or renewal registration, interim permit, or reinstatement from the Board.

5. “Applicant packet” means the forms and additional information the Board requires to be submitted by an applicant or on the applicant’s behalf.

6. “Campus” means a facility and immediately adjacent buildings.

7. “College Board” means an association composed of schools, colleges, universities, and other educational organizations across the United States that is responsible for the development of assessment tests that are used to provide college credit or for college placement.

8. “College level examination program” means services offered by the College Board for an individual to demonstrate college-level achievement by taking an examination approved by the College Board.

9. “Compliance period” means a two-year license renewal cycle that ends August 31 of even-numbered years.

10. “Continuing competence” means maintaining the professional skill, knowledge, and ability of a physical therapist by successfully completing scholarly and professional activities related to physical therapy.

11. “Course” means an organized subject matter in which instruction is offered within a specified period of time.

12. “Course evaluation tool” means the Coursework Evaluation Tool for Foreign Educated Physical Therapists who Graduated after June 30, 2009, Fifth Edition, 2004 (effective July 1, 2009), published by the Federation of State Boards of Physical Therapy, 124 West Street, South Alexandria, VA, 22314, incorporated by reference and on file with the Board. This incorporation by reference contains no future editions or amendments.

13. “Credential evaluation” means a written assessment of a foreign-educated applicant’s general and professional educational course work.

14. “Credential evaluation agency” means an organization that evaluates a foreign-educated applicant’s education and provides recommendations to the Board about whether the applicant’s education is substantially equivalent to physical therapy education provided in an accredited educational program.

15. “Days” means calendar days.

16. “Endorsement” means a procedure for granting an Arizona license to an applicant already licensed as a physical therapist in another jurisdiction of the United States.

17. “ETS” means Educational Testing Service, an organization that provides educational learning and assessment services, including the Test of English as a Foreign Language Program.

18. “Facility” means a building where:

a. A physical therapist is engaged in the practice of physical therapy;

b. An applicant, licensee, or certificate-holder is engaged in a supervised clinical practice; or

c. A physical therapist assistant performs physical therapy-related tasks delegated by an onsite supervisor.

19. “Foreign-educated applicant” means an individual who graduated from a physical therapist educational program outside the United States, Puerto Rico, District of Columbia, or a U.S. territory.

20. “Functional limitation” means restriction of the ability to perform a physical action, activity, or task in an efficient, typically expected or competent manner.

21. “Good moral character” means the applicant has not taken any action that is grounds for disciplinary action against a licensee or certificate-holder under A.R.S. § 32-2044.

22. “Hour” means 60 minutes.

23. “iBT” means internet-based TOEFL.

24. “National disciplinary database” means the disciplinary database of the U.S. Department of Health and Human Services’ Health Integrity and Protection Data Base, which contains previous or current disciplinary actions taken against a licensed physical therapist or certified physical therapist assistant by state licensing agencies.

25. “National examination” means an examination produced by the Federation of State Boards of Physical Therapy or an examination produced by the American Physical Therapy Association.

26. “On call,” as used in the definition of “general supervision” prescribed under A.R.S. § 32-2001, means a supervising physical therapist is able to go to the location at which and on the same day that a physical therapist assistant provides a selected treatment intervention if the physical therapist, after consultation with the physical therapist assistant, determines that going to the location is in the best interest of the patient.

27. “Onsite supervisor” means a physical therapist who provides onsite supervision as defined in A.R.S. § 32-2001.

28. “Physical Therapist Assistant Clinical Performance Instrument” means the document used to assess an individual’s knowledge, skills, and attitudes to determine the individual’s readiness to work as a physical therapist assistant that is published by the American Physical Therapy Association, Division of Education, March 1998, 1111 North Fairfax Street, Alexandria, VA 22314-1488 and incorporated by reference and on file with the Board. This incorporation by reference contains no future editions or amendments.

29. “Physical Therapist Clinical Performance Instrument” means the document used to assess an individual’s knowledge, skills, and attitudes to determine the individual’s readiness to practice physical therapy that is published by the American Physical Therapy Association, Division of Education, December 1997, 1111 North Fairfax Street, Alexandria, VA 22314-1488 and incorporated by reference and on file with the Board. This incorporation by reference contains no future editions or amendments.

30. “Physical therapy services” means any of the actions stated in the definition of practice of physical therapy in A.R.S. § 32-2001.

31. “Qualified translator” means an individual, other than an applicant, who is:

a. An officer or employee of an official translation bureau or government agency,

b. A professor or instructor who teaches a translated language in an accredited college or university in the United States,

c. An American consul in the country where the translated document is issued or another individual designated by the American consul in the country where the translated document is issued, or

d. A consul general or diplomatic representative of the United States or individual designated by the consul general or diplomatic representative.

32. “Readily available,” as used in the definition of “general supervision” prescribed under A.R.S. § 32-2001, means a supervising physical therapist is able to respond within 15 minutes to a communication from a physical therapist assistant providing a selected treatment intervention under general supervision.

33. “Recognized standards of ethics” means the Code of Ethics (amended June 2000) and the accompanying Guide for Professional Conduct (amended January 2004) of the American Physical Therapy Association, 1111 North Fairfax Street, Alexandria, VA 22314-1488, which is incorporated by reference and on file with the Board. This incorporation includes no later editions or amendments.

34. “Supervised clinical practice” means the period of time a physical therapist is engaged in the practice of physical therapy or a physical therapist assistant is engaged in work as a physical therapist assistant after being issued an interim permit by the Board.

35. “Supervising physical therapist” means an individual licensed under this Chapter who provides onsite or general supervision to assistive personnel.

36. “Suspend” means the Board places a license, certificate, permit, or registration in a status that restricts the holder of the license, certificate, permit, or registration from practicing as a physical therapist, working as a physical therapist assistant, or offering physical therapy services.

37. “TOEFL” means test of English as a foreign language.

38. “Week” means the period beginning on Sunday at 12:00 a.m. and ending the following Saturday at 11:59 p.m.

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Amended effective April 10, 1986 (Supp. 86-2). Amended effective May 7, 1990 (Supp. 90-2). Amended effective March 14, 1996 (Supp. 96-1). Amended by final rulemaking at 5 A.A.R. 2988, effective August 12, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 9 A.A.R. 307, effective January 13, 2003 (Supp. 03-1). Amended by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2). Amended by final rulemaking at 13 A.A.R. 1640, effective June 30, 2007 (Supp. 07-2). Amended by final rulemaking at 15 A.A.R. 1788, effective December 5, 2009 (Supp. 09-4). Amended by final rulemaking at 18 A.A.R. 841, effective May 11, 2012 (Supp. 12-1).

R4-24-102. Expired

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Former Section R4-24-102 repealed, former Section R4-24-103 renumbered and amended as Section R4-24-102 effective April 10, 1986 (Supp. 86-2). Former Section R4-24-102 renumbered to R4-24-103; new Section R4-24-102 adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 3897, effective July 31, 2004 (Supp. 04-3).

R4-24-103. Board Officers

The Board shall elect a president, vice-president, and secretary at its first regular Board meeting each year.

1. The president shall preside at all Board meetings.

2. When the president is unable to preside at a Board meeting, the vice-president shall preside.

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Former Section R4-24-103 renumbered and amended as Section R4-24-102, former Section R4-24-104 renumbered and amended as Section R4-24-103 effective April 10, 1986 (Supp. 86-2). Former Section R4-24-103 renumbered to Section R4-24-204 effective May 7, 1990 (Supp. 90-2). New Section R4-24-103 renumbered from R4-24-102 and amended by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2).

R4-24-104. Confidential Information and Records

The following information or a record containing this information is confidential and is not provided to the public by the Board:

1. An applicant’s, licensee’s, or certificate-holder’s:

a. Social Security number;

b. Home address or home telephone number unless the address or telephone number is the only address or telephone number of record;

c. Credential evaluation report, education transcript, grades, or examination scores;

d. National physical therapist or physical therapist assistant examination score;

e. Diagnosis and treatment records; and

2. According to A.R.S. § 32-2045, information or a document related to investigations by the Board until the information or document becomes a public record or as required by law.

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Former Section R4-24-104 renumbered and amended as Section R4-24-103 effective April 10, 1986 (Supp. 86-2). New Section R4-24-104 adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2).

R4-24-105. Expired

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Amended subsection (B) effective April 10, 1986 (Supp. 86-2). Amended effective May 7, 1990 (Supp. 90-2). Amended effective March 14, 1996 (Supp. 96-1). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 3897, effective July 31, 2004 (Supp. 04-3).

R4-24-106. Repealed

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Amended subsection (A) effective April 10, 1986 (Supp. 86-2). Amended effective May 7, 1990 (Supp. 90-2). Amended effective March 14, 1996 (Supp. 96-1). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Section repealed by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2).

R4-24-107. Fees

A. Under the authority provided by A.R.S. §§ 32-2029 and 32-2030, the Board establishes and shall collect the following fees, which are not refundable unless A.R.S. § 41-1077 applies:

1. For a physical therapist:

a. Application for an original license if the applicant applies on or after September 1 in an even-numbered year and no later than August 31 in an odd-numbered year, $260;

b. Application for an original license if the applicant applies on or after September 1 in an odd-numbered year and no later than August 31 in an even-numbered year, $190;

c. Renewal of an active license, $160;

d. Renewal of an inactive license, $80;

e. Reinstatement of an administratively suspended license, $100 plus the renewal fee; and

f. Duplicate license, $10.

2. For a physical therapist assistant:

a. Application for an original certificate if the applicant applies on or after September 1 in an even-numbered year and no later than August 31 in an odd-numbered year, $160;

b. Application for an original certificate if the applicant applies on or after September 1 in an odd-numbered year and no later than August 31 in an even-numbered year, $120;

c. Renewal of an active certificate, $55;

d. Renewal of an inactive certificate, $27.50;

e. Reinstatement of an administratively suspended certificate, $50 plus the renewal fee; and

f. Duplicate certificate, $10.

3. For a business entity:

a. Application for an original registration, $50;

b. Renewal, $50;

c. Late fee, $25; and

d. Duplicate registration, $10.

B. The Board shall accept fees paid by check or money order payable to the Arizona State Board of Physical Therapy.

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Amended effective May 7, 1990 (Supp. 90-2). Section R4-24-107 renumbered to R4-24-306 by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Section R4-24-107 renumbered from R4-24-206 by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2). Amended by final rulemaking at 18 A.A.R. 841, effective May 11, 2012 (Supp. 12-1). Amended by final rulemaking at 18 A.A.R. 1858, effective July 10, 2012 (Supp. 12-3).

R4-24-108. Repealed

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Repealed effective May 7, 1990 (Supp. 90-2).

R4-24-109. Renumbered

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Amended effective May 7, 1990 (Supp. 90-2). Amended effective March 14, 1996 (Supp. 96-1). Section R4-24-109 renumbered to R4-24-307 by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2).

ARTICLE 2. LICENSING PROVISIONS

R4-24-201. Application for a Physical Therapist License

A. An applicant for a physical therapist license shall submit to the Board an application packet that includes:

1. An application form provided by the Board that is signed and dated by the applicant and notarized and contains:

a. The applicant’s name, business and residential addresses, telephone number, birth date, and Social Security number;

b. The name and address of each university or college attended by the applicant, the dates of attendance, and the date of graduation and degree received, if applicable;

c. The name and address of the university or college where the applicant completed an accredited educational program and dates of attendance;

d. A statement of whether the applicant has ever been licensed as a physical therapist in any other jurisdiction of the United States or foreign country;

e. Professional employment history for the past five years, including the name, address, and telephone number for each place of employment, job title, description of the work completed, and explanation of any breaks in employment, if applicable;

f. A statement of whether the applicant has ever been convicted of, pled guilty or no contest to, or entered into diversion in lieu of prosecution for any criminal offense in any jurisdiction of the United States or foreign country and if so, an explanation;

g. A statement of whether the applicant has ever had an application for a professional or occupational license, certificate, or registration, other than a driver’s license, denied, rejected, suspended, or revoked by any jurisdiction of the United States or foreign country and if so, an explanation;

h. A statement of whether the applicant is currently or ever has been under investigation, suspension, or restriction by a professional licensing board in any jurisdiction of the United States or foreign country for any act that occurred in that jurisdiction that would be the subject of discipline under this Chapter and if so, an explanation;

i. A statement of whether the applicant has ever been the subject of disciplinary action by a professional association or postsecondary educational institution.

j. A statement of whether the applicant has committed any of the actions referenced in the definition of good moral character in R4-24-101;

k. A statement of whether the applicant has ever had a malpractice judgment, has a lawsuit currently pending for malpractice, or entered into a settlement from a malpractice suit and if so, an explanation;

l. A statement of whether the applicant is currently more than 30 days in arrears for payment required by a judgment and order for child support in Arizona or any other jurisdiction;

m. A statement of whether the applicant has any impairment to the applicant’s cognitive, communicative, or physical ability to engage in the practice of physical therapy with skill and safety and if so, an explanation;

n. A statement of whether the applicant has, within the past 10 years, used alcohol, any illegal chemical substance, or prescription medications, that in any way has impaired or limited the applicant’s ability to practice physical therapy with skill and safety and if so, an explanation;

o. A statement of whether the applicant has, within the past 10 years, been diagnosed as having or is being treated for bipolar disorder, schizophrenia, paranoia, or other psychotic disorder that in any way has impaired or limited the applicant’s ability to practice physical therapy with skill and safety and if so, an explanation;

p. A statement of whether the applicant has ever violated A.R.S. § 32-2044(10);

q. A statement by the applicant attesting to the truthfulness of the information provided by the applicant.

2. A passport photograph of the applicant no larger than 1 1/2 x 2 inches that was taken not more than six months before the date of the application;

3. Evidence of the applicant’s U.S. citizenship, alien status, legal residency, or lawful presence in the U.S.; and

4. The fee required in R4-24-107.

B. In addition to the requirements in subsection (A), an applicant shall arrange to have submitted directly to the Board:

1. An official transcript or letter showing that the applicant completed all requirements of an accredited educational program that includes the official seal of the university or college where the applicant completed the accredited educational program and signature of the registrar of the university or college,

2. Verification of passing a national examination in physical therapy as evidenced by an original notice of examination results, and

3. Verification of passing a jurisprudence examination as evidenced by an original notice of examination results.

C. In addition to the requirements in subsections (A)(1) through (A)(3) and subsection (B), an applicant for a physical therapist license by endorsement shall submit to the Board:

1. The name of the licensing or certifying agency of any jurisdiction in which the applicant is currently or has been previously licensed;

2. A verification of each license, signed and dated by an official of the agency licensing or certifying the applicant, that includes the official seal of the licensing or certifying agency and all of the following:

a. The name of the applicant;

b. The license number and date of issuance;

c. The current status of the license;

d. The expiration date of the license;

e. A statement of whether the applicant was ever denied a license by the agency and if so, an explanation; and

f. A statement of whether any disciplinary action is pending or has ever been taken against the applicant and if so, an explanation.

D. The Board shall deny a license to an applicant who fails to meet the requirements of this Section or A.R.S. Title 32, Chapter 19. An applicant denied a license may request a hearing under A.R.S. Title 41, Chapter 6, Article 10.

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Amended subsection (C) and added subsection (D) effective April 10, 1986 (Supp. 86-2). Amended effective May 7, 1990 (Supp. 90-2). Amended effective March 14, 1996 (Supp. 96-1). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2988, effective August 12, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2). Amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008, (Supp. 08-3).

R4-24-202. Reinstatement of License or Certificate

A. An applicant whose Arizona license or certificate is administratively suspended for three consecutive years or less after the date of renewal of the license or certificate may apply for reinstatement of the license or certificate by submitting the application in R4-24-208 and the reinstatement fee and renewal fee required in R4-24-107.

B. An applicant whose Arizona license or certificate is administratively suspended for more than three consecutive years after the date of renewal of the license or certificate may apply for reinstatement of the license or certificate by submitting the reinstatement fee and renewal fee in R4-24-107, and:

1. For an applicant educated in the United States requesting reinstatement of a license, the application in R4-24-201(A) and (B);

2. For a foreign-educated applicant requesting reinstatement of a license, the application in R4-24-203; or

3. For an applicant requesting reinstatement of a certificate, the application in R4-24-207(A) and (B).

C. If an applicant submits an application according to subsection (B), the Board shall require the applicant to demonstrate competency by doing one or more of the following:

1. Practice physical therapy or work as a physical therapist assistant under an interim permit that allows the applicant to participate in a supervised clinical practice,

2. Complete one or more courses relevant to the practice of physical therapy or the work of a physical therapist assistant,

3. Complete continuing competence requirements for the period of time of the lapsed license, or

4. Take and pass a jurisprudence examination or national examination.

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Amended subsection (C) effective April 10, 1986 (Supp. 86-2). Amended effective May 7, 1990 (Supp. 90-2). Amended effective March 14, 1996 (Supp. 96-1). Former Section R4-24-202 renumbered to R4-24-204; new Section R4-24-202 adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2). Subsection (A) corrected at request of the Board, Office File No. M12-209, filed June 8, 2012 (Supp. 12-1). Amended by final rulemaking at 18 A.A.R. 841, effective May 11, 2012 (Supp. 12-1).

R4-24-203. Foreign-educated Applicant Requirements

A. A foreign-educated applicant shall meet the requirements in A.R.S. § 32-2022(B) and the following:

1. The applicant shall comply with the requirements in R4-24-201.

2. The applicant shall ensure that a document required by R4-24-201 or this subsection is:

a. Submitted to the Board in English; or

b. Accompanied by an original English translation by a qualified translator if the document is submitted to the Board in a language other than English and includes an affidavit of accuracy by the qualified translator affirming:

i. The qualified translator has translated the entire document,

ii. The qualified translator has not omitted anything from or added to the translation, and

iii. The translation is true and accurate.

3. To meet the requirements in A.R.S. § 32-2022(B)(4), the applicant shall state on the application form whether the applicant’s practice as a physical therapist was limited in the country where the professional education occurred. If the applicant’s practice was limited in the country where the professional education occurred, the applicant shall submit to the Board documentation of the limitation, or arrange to have documentation of limitation sent directly to the Board, that includes:

a. The name, address, and telephone number of the entity that limited the applicant’s practice of physical therapy;

b. A description of the action or lack of action that led to the limitation on the applicant’s practice as a physical therapist;

c. A description of the limitation on the applicant’s practice of physical therapy; and

d. If the limitation is based on citizenship requirements of the country in which the professional education was obtained, the applicant shall provide the Board with the legal reference for the restriction in the laws of the country in which the professional education was obtained, a copy of the referenced laws, and an English translation of the laws that meets the standards in subsection (A)(2)(b).

4. If English is not the native language of the foreign-educated applicant, to meet the requirements in A.R.S. § 32-2022(B)(6), the applicant shall take and pass either of the following tests no more than 18 months before the date on which the application submitted under R4-24-201 is administratively complete and ensure that the test scores are sent directly to the Board by the testing entity:

a. The TOEFL. An applicant who takes the TOEFL passes with the following:

i. A score of 560 or more if a paper-based test or a score of 220 or more if a computer-based test;

ii. Test of Spoken English with a score of 50 or more; and

iii. Test of Written English with a score of 4.5 or more; or

b. The iBT. An applicant who takes the iBT passes with an overall test score of a minimum of 100 and a:

i. Writing section with a minimum score of 25,

ii. Speaking section with a minimum score of 25,

iii. Reading section with a minimum score of 25, and

iv. Listening section with a minimum score of 25.

5. To demonstrate that the applicant meets uniform criteria for educational requirements according to A.R.S. § 32-2022(E)(3), the applicant shall undergo a credential evaluation to determine that the applicant meets the requirements in the course evaluation tool and arrange to have a credential evaluation report, prepared within 18 months from the date of the application, sent directly to the Board by the credential evaluation agency.

6. To meet the requirements in A.R.S. § 32-2022(B)(5), the applicant shall obtain a work visa to reside and seek employment in the United States issued by the Bureau of Citizenship and Immigration Services and submit a copy of the work visa to the Board.

B. After receiving a credential evaluation report from a credential evaluation agency, the Board:

1. If the credential evaluation report does not establish that the education obtained by the foreign-educated applicant is substantially equivalent to the education required of a physical therapist in an accredited education program, may require the applicant to:

a. Complete one or more university or college courses and obtain a grade of C or better in each course;

b. Complete a college level examination program; or

c. If an applicant for a license, complete one or more continuing competence courses; and

2. Shall issue, within the time-frames stated in Table 1, an interim permit to complete a supervised clinical practice to the applicant if:

a. The applicant was required to meet one or more of the requirements in subsection (B)(1) and completes the requirements; or

b. The credential evaluation report establishes that the education obtained by the foreign-educated applicant is substantially equivalent to the education required of a physical therapist in an accredited education program; and

c. The applicant has passed the national examination and jurisprudence examination; and

d. The applicant meets the requirements in A.R.S. Title 32, Chapter 19 and R4-24-201.

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Amended subsection (B) effective April 10, 1986 (Supp. 86-2). Amended effective March 14, 1996 (Supp. 96-1). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2). Amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008, (Supp. 08-3). Amended by final rulemaking at 18 A.A.R. 841, effective May 11, 2012 (Supp. 12-1).

R4-24-204. Supervised Clinical Practice

A. An interim permit holder shall complete a supervised clinical practice under onsite supervision. The supervised clinical practice shall consist of at least 500 hours.

B. Before an individual is issued an interim permit, the individual shall submit to the Board:

1. A written request for Board approval of the facility where supervised clinical practice will take place that includes:

a. The name, address, and telephone number of the facility; and

b. A description of the physical therapy services provided at the facility; and

2. The name of the individual who holds an unrestricted license to practice physical therapy in this state and agrees to provide onsite supervision of the individual.

C. The Board shall approve or deny a request made under subsection (B)(1):

1. After assessing whether the facility provides the opportunity for an interim permit holder to attain the knowledge, skills, and attitudes to be evaluated according to the Physical Therapist Assistant Clinical Performance Instrument or Physical Therapist Clinical Performance Instrument; and

2. According to the time-frames in Table 1.

D. An onsite supervisor shall:

1. Observe the interim permit holder during the supervised clinical practice and:

a. Rate the interim permit holder’s performance, at both the mid-point and completion of the clinical practice, on each of the clinical performance criteria in the Physical Therapist Clinical Performance Instrument or Physical Therapist Assistant Clinical Performance Instrument, including the dates and hours the onsite supervisor provided onsite supervision;

b. Recommend following the mid-point rating whether the interim permit holder be allowed to continue the clinical practice and changes needed, if any, to ensure successful completion of the clinical practice; and

c. Recommend following the completion rating whether the interim permit holder be licensed or required to complete further supervised clinical practice; and

2. Submit the ratings on the Physical Therapist Clinical Performance Instrument or Physical Therapist Assistant Clinical Performance Instrument to the Board as follows:

a. No later than the 55th day of the clinical practice for the mid-point rating, and

b. No later than 30 days after the end of the supervised clinical practice for the completion rating.

E. After the Board receives the mid-point rating on the Physical Therapist Clinical Performance Instrument or Physical Therapist Assistant Clinical Performance Instrument, the Board shall review the rating and recommendation of the onsite supervisor and decide whether to allow the interim permit holder to continue the clinical practice or recommend changes in the clinical practice to the onsite supervisor.

F. After the Board receives the completion rating on the Physical Therapist Clinical Performance Instrument or Physical Therapist Assistant Clinical Performance Instrument, the Board:

1. May require the interim permit holder to complete additional onsite supervision under the interim permit if the additional onsite supervision does not cause the interim permit holder to exceed six months from the date the interim permit was issued and:

a. The onsite supervisor does not approve one or more of the skills listed on the Physical Therapist Clinical Performance Instrument or Physical Therapist Assistant Clinical Performance Instrument;

b. The onsite supervisor recommends that the interim permit holder complete further supervised clinical practice; or

c. The Board determines that the interim permit holder has not met the requirements in A.R.S. Title 32, Chapter 19 and this Chapter.

2. If the interim permit holder meets all of the requirements in A.R.S. Title 32, Chapter 19 and this Chapter, shall issue:

a. A license to an applicant for a license, or

b. A certificate to an applicant for a certificate.

3. If the applicant, licensee, or certificate-holder does not meet all of the requirements in A.R.S. Title 32, Chapter 19 and this Chapter, shall deny:

a. A license to an applicant for a license, or

b. A certificate to an applicant for a certificate.

G. An applicant who has been denied a license or certificate may request a hearing under A.R.S. Title 41, Chapter 6, Article 10.

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Former Section R4-24-103 renumbered and amended as Section R4-24-102, former Section R4-24-104 renumbered and amended as Section R4-24-103 effective April 10, 1986 (Supp. 86-2). Former Section R4-24-204 renumbered to R4-24-205, new Section R4-24-204 renumbered from Section R4-24-103 and amended effective May 7, 1990 (Supp. 90-2). Amended effective march 14, 1996 (Supp. 96-1). Former Section R4-24-204 renumbered to R4-24-206; new Section R4-24-204 renumbered from R4-24-202 and amended by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 9 A.A.R. 307, effective January 13, 2003 (Supp. 03-1). Former Section R4-24-204 renumbered to R4-24-205; new Section R4-24-204 made by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2). Amended by final rulemaking at 14 A.A.R. 376, effective March 8, 2008 (Supp. 08-1). Amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008, (Supp. 08-3).

R4-24-205. Examination Scores

A. To be licensed as a physical therapist, an applicant shall obtain:

1. A scaled score of 600 or more, based on a scale ranging from 200 to 800 on a national examination for physical therapists taken on or after March 14, 1996; or

2. A raw score that is no lower than 1.50 standard deviation below the national average for a national examination for physical therapists taken before March 14, 1996.

B. To be certified as a physical therapist assistant, an applicant for certification shall obtain:

1. A scaled score of 600 or more based on a scale ranging from 200 to 800 on a national examination for physical therapist assistants taken on or after March 14, 1996; or

2. A raw score that is no lower than 1.50 standard deviation below the national average for a national examination for physical therapist assistants taken before March 14, 1996.

C. In addition to the requirements in subsections (A) and (B), to be licensed as a physical therapist or certified as a physical therapist assistant, an applicant shall obtain a scaled score of 600 or more based on a scale ranging from 200 to 800 on a jurisprudence examination.

Historical Note

Adopted effective April 10, 1986 (Supp. 86-2). Former Section R4-24-205 renumbered to R4-24-206, new Section R4-24-205 renumbered from Section R4-24-204 and amended effective May 7, 1990 (Supp. 90-2). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2988, effective August 12, 1999 (Supp. 99-3). Former Section R4-24-205 renumbered to R4-24-207; new Section R4-24-205 adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Former Section R4-24-205 repealed; new Section R4-24-205 renumbered from R4-24-204 and amended by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2).

R4-24-206. Renumbered

Historical Note

Section R4-24-205 adopted effective April 10, 1986 (Supp. 86-2). Section R4-24-206 renumbered from Section R4-24-205 and amended effective May 7, 1990 (Supp. 90-2). Amended by final rulemaking at 5 A.A.R. 2988, effective August 12, 1999 (Supp. 99-3). Former Section R4-24-206 repealed; new Section R4-24-206 renumbered from R4-24-204 and amended by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 11 A.A.R. 5465, effective February 4, 2006 (Supp. 05-4). Section R4-24-206 renumbered to R4-24-107 by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006
(Supp. 06-2).

R4-24-207. Application for a Physical Therapist Assistant Certificate

A. An applicant for an original physical therapist assistant certificate shall submit to the Board an application packet that includes:

1. An application form provided by the Board, signed, dated, and verified by the applicant that contains:

a. The applicant’s name, business and residential addresses, telephone number, birth date, and Social Security number;

b. The name and address of the college or university where the applicant completed an accredited educational program for physical therapist assistants, dates of attendance, and date of completion;

c. A statement of whether the applicant has ever been licensed or certified as a physical therapist assistant in any other jurisdiction of the United States or foreign country;

d. Professional employment history for the five years before the date of application including the name, address, and telephone number for each place of employment, job title, description of the work completed, and explanation of any breaks in employment, if applicable;

e. A statement of whether the applicant has ever been convicted of, pled guilty or no contest to, or entered into diversion in lieu of prosecution for any criminal offense in any jurisdiction of the United States or foreign country and if so, an explanation;

f. A statement of whether the applicant has ever had an application for a professional or occupational license, certificate, or registration, other than a driver’s license, denied, rejected, suspended, or revoked by any jurisdiction of the United States or foreign country and if so, an explanation;

g. A statement of whether the applicant is currently or ever has been under investigation, suspension, or restriction by a professional licensing board in any jurisdiction of the United States or foreign country for any act that occurred in that jurisdiction that would be the subject of discipline under this Chapter and if so, an explanation;

h. A statement of whether the applicant has ever been the subject of disciplinary action by a professional association or postsecondary educational institution;

i. A statement of whether the applicant has committed any of the actions referenced in the definition of good moral character in R4-24-101;

j. A statement of whether the applicant has ever had a malpractice judgment or has a lawsuit currently pending for malpractice and if so, an explanation;

k. A statement of whether the applicant is currently more than 30 days in arrears for payment required by a judgment and order for child support in Arizona or any other jurisdiction;

l. A statement of whether the applicant has any impairment to the applicant’s cognitive, communicative, or physical ability to participate in therapeutic interventions with skill and safety and if so, an explanation;

m. A statement of whether the applicant has, within the past 10 years, used alcohol, any illegal chemical substance, or prescription medications, that in any way has impaired or limited the applicant’s ability to participate in therapeutic interventions with skill and safety and if so, an explanation;

n. A statement of whether the applicant has, within the past 10 years, been diagnosed as having or is being treated for bipolar disorder, schizophrenia, paranoia, or other psychotic disorder that in any way has impaired or limited the applicant’s ability to participate in therapeutic interventions with skill and safety and if so, an explanation;

o. A statement of whether the applicant has ever violated A.R.S. § 32-2044(10); and

p. A sworn statement by the applicant verifying the truthfulness of the information provided by the applicant;

2. A passport photograph of the applicant no larger than 1 1/2 x 2 inches that was taken not more than six months before the date of the application;

3. Evidence of the applicant’s U.S. citizenship, alien status, legal residency, or lawful presence in the U.S.; and

4. The fee required in R4-24-107.

B. In addition to the requirements in subsection (A), an applicant shall arrange to have directly submitted to the Board:

1. An official transcript or letter showing that the applicant completed all requirements of an accredited educational program that includes the official seal of the school or college where the applicant completed the accredited educational program and signature of the registrar of the school or college;

2. Verification of passing a national examination for physical therapist assistants as evidenced by an original notice of examination results; and

3. Verification of passing a jurisprudence examination as evidenced by an original notice of examination results.

C. In addition to the requirements in subsections (A) and (B), an applicant for a physical therapist assistant certificate by endorsement shall submit to the Board:

1. The name of the licensing or certifying agency of any jurisdiction in which the applicant is currently or has been previously licensed or certified; and

2. A verification of license or certificate, signed and dated by an official of the agency licensing or certifying the applicant, that includes the official seal of the licensing or certifying agency and all of the following:

a. The name of the applicant;

b. The license or certificate number and date of issuance;

c. The current status of the license or certificate;

d. The expiration date of the license or certificate;

e. A statement of whether the applicant was ever denied a license or certificate by the agency and if so, an explanation; and

f. A statement of whether any disciplinary action is pending or has ever been taken against the applicant and if so, an explanation.

D. The Board shall deny a certificate to an applicant who fails to meet the requirements of this Section or A.R.S. Title 32, Chapter 19. A person denied a certificate may request a hearing under A.R.S. Title 41, Chapter 6, Article 10.

Historical Note

New Section adopted by final rulemaking at 5 A.A.R. 2988, effective August 12, 1999 (Supp. 99-3). Former Section R4-24-207 renumbered to R4-24-209; new Section R4-24-207 renumbered from R4-24-205 and amended by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2). Amended by final rulemaking at 14 A.A.R. 376, effective March 8, 2008 (Supp. 08-1). Amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008, (Supp. 08-3).

R4-24-208. License or Certificate Renewal; Address Change

A. A licensee or certificate holder shall submit a renewal application packet to the Board on or before August 31 of an even-numbered year that includes:

1. The following information for the license or certificate period immediately preceding the renewal application:

a. The licensee’s or certificate holder’s:

i. Name;

ii. Home, business, and e-mail addresses; and

iii. Home and business telephone numbers;

b. A statement of whether the licensee or certificate holder has been convicted of, pled guilty or no contest to, or entered into diversion in lieu of prosecution for any criminal offense in any jurisdiction of the United States or foreign country and if so, an explanation;

c. A statement of whether the licensee or certificate holder has had an application for a professional or occupational license, certificate, or registration, other than a driver’s license, denied, rejected, suspended, or revoked by any jurisdiction of the United States or foreign country and if so, an explanation;

d. A statement of whether the licensee or certificate holder is currently or ever has been under investigation, suspension, or restriction by a professional licensing board in any jurisdiction of the United States or foreign country for any act that occurred in that jurisdiction that would be the subject of discipline under this Chapter and if so, an explanation;

e. A statement of whether the licensee or certificate holder has been the subject of disciplinary action by a professional association or postsecondary educational institution;

f. A statement of whether the licensee or certificate holder has had a malpractice judgment against the licensee or certificate holder or has a lawsuit currently pending for malpractice and if so, an explanation;

g. A statement of whether the licensee or certificate holder is currently more than 30 days in arrears for payment required by a judgment and order for child support in Arizona or any other jurisdiction;

h. A statement of whether the licensee or certificate holder has adhered to the recognized standards of ethics;

i. A statement of whether the licensee or certificate holder has or has not committed any of the actions referenced in the definition of good moral character in R4-24-101;

j. A statement of whether the licensee or certificate holder has been the subject of any criminal investigation by a federal, state, or local agency or had criminal charges filed against the licensee or certificate holder;

k. If a licensee, a statement of whether the licensee has:

i. Any impairment to the licensee’s cognitive, communicative, or physical ability to engage in the practice of physical therapy with skill and safety and if so, an explanation;

ii. Used alcohol, any illegal chemical substance, or prescription medicine, that in any way has impaired or limited the licensee’s ability to practice physical therapy with skill and safety and if so, an explanation;

iii. Been diagnosed as having or is being treated for bipolar disorder, schizophrenia, paranoia, or other psychotic disorder that in any way has impaired or limited the licensee’s ability to practice physical therapy with skill and safety and if so, an explanation;

l. If a certificate holder, a statement of whether the certificate holder has:

i. Any impairment to the certificate holder’s cognitive, communicative, or physical ability to work as a physical therapist assistant with skill and safety and if so, an explanation;

ii. Used alcohol, any illegal chemical substance or prescription medicine, that in any way has impaired or limited the certificate holder’s ability to work as a physical therapist assistant with skill and safety and if so, an explanation;

iii. Been diagnosed as having or is being treated for bipolar disorder, schizophrenia, paranoia, or other psychotic disorder that in any way has impaired or limited certificate holder’s ability to work as a physical therapist assistant with skill and safety and if so, an explanation;

m. A statement of whether the licensee or certificate holder has ever violated A.R.S. § 32-2044(10);

n. If a licensee, a statement of whether the licensee has completed the 20 contact hours of continuing competence for the previous compliance period as required in R4-24-401(A) and (E); and

o. If a licensee, a statement of whether the licensee has complied with the medical records protocol as required in A.R.S. § 32-3211.

2. The signature of the applicant attesting to the truthfulness of the information provided by the licensee or certificate holder;

3. Evidence of the applicant’s U.S. citizenship, alien status, legal residency, or lawful presence in the U.S.; and

4. The fee required by the Board in R4-24-107.

B. Failure of the Board to inform a licensee or certificate holder of license or certificate expiration does not excuse the licensee’s or certificate holder’s non-renewal or untimely renewal.

C. The Board shall:

1. Approve or deny the application within the time-frames in R4-24-209 and Table 1, and

2. Deny the application of an applicant who does not meet the requirements in A.R.S. § 32-2001 et seq. or this Chapter.

D. A licensee or certificate holder denied renewal of a license or certificate may request a hearing under A.R.S. Title 41, Chapter 6, Article 10.

E. A licensee or certificate holder shall send to the Board written notification of a change in any of the information provided under subsection (A)(1)(a) no later than 30 days after the date of the change.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2). Amended by final rulemaking at 14 A.A.R. 376, effective March 8, 2008 (Supp. 08-1). Amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008, (Supp. 08-3). Amended by final rulemaking at 18 A.A.R. 1858, effective July 10, 2012 (Supp. 12-3).

R4-24-209. Time-frames for Board Approvals

A. The overall time-frame described in A.R.S. § 41-1072(2) for each type of approval granted by the Board is listed in Table 1. The applicant and the Executive Director of the Board may agree in writing to extend the substantive review time-frame and overall time-frame. The overall time-frame and the substantive review time-frame may not be extended by more than 25% of the overall time-frame.

B. The administrative completeness review time-frame described in A.R.S. § 41-1072(1) for each type of approval granted by the Board is listed in Table 1.

1. The administrative completeness review time-frame begins:

a. When the Board receives an application packet for an initial or renewal license or certificate or

b. When the Board receives a request for approval of a facility.

2. If the application packet is incomplete, the Board shall send to the applicant a written notice specifying the missing document or incomplete information.

a. The administrative completeness review time-frame and the overall time-frame are suspended from the postmark date of the notice until the date the Board receives a complete application packet from the applicant.

b. An applicant who disagrees with the Board’s statement of deficiencies may request a hearing as provided in A.R.S. § 32-2023.

3. If an application packet is complete, the Board shall send a written notice of administrative completeness to the applicant.

4. If the Board grants a license, certificate, or approval during the time provided to assess administrative completeness, the Board shall not issue a separate written notice of administrative completeness.

C. The substantive review time-frame described in A.R.S. § 41-1072(3) is listed in Table 1 and begins on the postmark date of the notice of administrative completeness.

1. During the substantive review time-frame, the Board may make one comprehensive written request for additional information or documentation. The time-frame for the Board to complete the substantive review is suspended from the postmark date of the comprehensive written request for additional information or documentation until the Board receives the additional information or documentation.

2. The Board shall send a written notice of approval of a license or certificate to an applicant who meets the qualifications in A.R.S. §§ 32-2001 through 32-2027 and this Chapter.

3. The Board shall send a written notice of denial to an applicant who fails to meet the qualifications in A.R.S. §§ 32-2001 through 32-2027 and these rules.

D. The Board shall consider an application withdrawn if within 360 days from the application submission date the applicant fails to:

1. Supply the missing information requested under subsection (B)(2) or (C)(1); or

2. Take the national physical therapist examination or national physical therapist assistant examination.

E. An applicant who does not wish an application withdrawn may request a denial in writing within 360 days from the application submission date.

F. If a time-frame’s last day falls on a Saturday, Sunday, or an official state holiday, the Board shall consider the next business day the time-frame’s last day.

Historical Note

New Section R4-24-209 renumbered from R4-24-207 and amended by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2).

Table 1. Time-frames (in days)

Type of Applicant

Type of Approval

Statutory
Authority

Overall
Time-frame

Administrative
Completeness
Time-frame

Substantive Review

Time-frame

Original License

(R4-24-201)

License

A.R.S. §§ 32-2022;

32-2023

75

30

45

License by Endorsement

(R4-24-201)

License by
Endorsement

A.R.S. § 32-2026

75

30

45

Physical Therapist
Assistant Certificate
(R4-24-207)

Certificate

A.R.S. §§ 32-2022; 32-2023

75

30

45

Foreign-educated

(R4-24-203)

License

A.R.S. §§ 32-2022; 32-2025

75

45

30

Renewal of license or
certificate

(R4-24-208)

License or certificate

A.R.S. § 32-2027

30

15

15

Foreign-educated and

Supervised Clinical Practice

(R4-24-203, R4-24-204)

Interim Permit and Approval of Facility

A.R.S. § 32-2025

60

30

30

Reinstatement

(R4-24-202)

Reinstatement of License or Certificate

A.R.S. § 32-2028

30

15

15

Initial Registration of a Business Entity

Registration

A.R.S. § 32-2030

30

15

15

Renewal of Registration of a Business Entity

Registration

A.R.S. § 32-2030(D)

15

7

8

Historical Note

Table 1 adopted by final rulemaking at 5 A.A.R. 2988, effective August 12, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2). Amended by final rulemaking at 15 A.A.R. 1788, effective December 5, 2009 (Supp. 09-4). Amended by final rulemaking at 18 A.A.R. 841, effective May 11, 2012 (Supp. 12-1).

R4-24-210. Business Entity Registration; Display of Registration Certificate

A. A business entity that offers physical therapy services to the public and is not exempt from registration under A.R.S. § 32-2030(H) shall separately register with the Board each location from which physical therapy services are offered in Arizona.

B. A business entity shall not offer physical therapy services at a location in Arizona until that location is registered with the Board.

C. To register with the Board an Arizona location at which physical therapy services are offered, a business entity shall submit to the Board an application packet that includes the following:

1. An application form, which is available from the Board and requires the following information:

a. Name and primary address of the business entity;

b. Name, title, address, and telephone number of the manager of the location being registered;

c. Name and business address of each officer or director of the business entity;

d. Name and license number of each physical therapist who provides physical therapy services at the location being registered;

e. Name and certificate number of each physical therapy assistant who works at the location being registered;

f. Description of the physical therapy services offered at the location being registered;

g. For the business entity, a statement of whether any state, territory, district, or country has ever:

i. Refused to issue or renew a registration, permit, license, or other authorization;

ii. Accepted surrender of a registration, permit, license, or other authorization in lieu of other disciplinary action; or

iii. Suspended, revoked, cancelled, or taken other disciplinary action against a registration, permit, license, or other authorization; and

h. Dated and notarized signature of an officer or director attesting that:

i. The business entity has a written protocol that meets the standards in A.R.S. § 32-2030(F) for the secure storage, transfer, and access of the physical therapy records of the business entity’s patients; and

ii. The information provided is true and correct; and

2. The application fee required under R4-24-107(A)(3).

D. For each location registered, a business entity shall display, in a location accessible to public view, the:

1. Registration certificate and current renewal verification of the business entity,

2. License and current renewal verification of every physical therapist who provides physical therapy services at the location, and

3. Certificate and current renewal verification of every physical therapy assistant who works at the location.

Historical Note

New Section made by final rulemaking at 18 A.A.R. 841, effective May 11, 2012 (Supp. 12-1).

R4-24-211. Renewal of Business Entity Registration

A. The registration of a business entity expires for each location registered on August 31 of every odd-numbered year.

B. A business entity shall separately renew the registration of each location from which the business entity offers physical therapy services in Arizona.

C. To renew the registration of an Arizona location from which physical therapy services are offered, a business entity shall submit to the Board an application form, which is available from the Board and requires the following information:

1. Name and primary address of the business entity;

2. Name, title, address, and telephone number of the manager of the location being registered;

3. Name and business address of each officer or director of the business entity;

4. Name and license number of each physical therapist who provides physical therapy services at the location being registered;

5. Name and certificate number of each physical therapy assistant who works at the location being registered;

6. Description of the physical therapy services offered at the location being registered;

7. For the business entity, a statement of whether any state, territory, district, or country has ever:

a. Refused to issue or renew a registration, permit, license, or other authorization;

b. Accepted surrender of a registration, permit, license, or other authorization in lieu of other disciplinary action; or

c. Suspended, revoked, cancelled, or taken other disciplinary action against a registration, permit, license, or other authorization;

8. Statement of whether the business entity complies with A.R.S. § 32-2030(F); and

9. Dated and notarized signature of an officer or director attesting that the information provided is true and correct.

D. A business entity that timely complies with subsection (C) may continue to offer physical therapy services from the location for which application is made until the Board grants or denies the renewed registration.

E. A business entity that fails to comply timely with subsection (C) shall immediately stop offering physical therapy services from the location for which application is not made. To be authorized to offer physical therapy services again from that location, the business entity shall comply with R4-24-210 and pay both the application and late fee specified in R4-24-207(A)(3).

Historical Note

New Section made by final rulemaking at 18 A.A.R. 841, effective May 11, 2012 (Supp. 12-1).

R4-24-212. Regulation of a Business Entity

A. A business entity may submit a complaint under A.R.S. § 32-2030 or 32-2045(D) by complying with R4-24-305.

B. The Board shall investigate and act on a complaint, whether submitted by or against a business entity, in a manner consistent with R4-24-305, R4-24-306, R4-24-307, R4-24-308, and R4-24-309.

C. As provided under A.R.S. § 32-2047, a business entity that violates a requirement of A.R.S. § 32-2030 is subject to disciplinary action by the Board.

Historical Note

New Section made by final rulemaking at 18 A.A.R. 841, effective May 11, 2012 (Supp. 12-1).

R4-24-213. Business Entity Participation

A registered business entity may provide assistance and advice to the Board relating to the regulation of business entities by:

1. Participating in the rulemaking process in a manner described under A.R.S. Title 41, Chapter 6, Article 3;

2. Submitting a petition under A.R.S. § 41-1033 and R4-24-502;

3. Submitting an appeal under A.R.S. § 41-1056.01 and R4-24-502;

4. Submitting a written criticism under R4-24-506; and

5. Attending a Board meeting.

Historical Note

New Section made by final rulemaking at 18 A.A.R. 841, effective May 11, 2012 (Supp. 12-1).

EXHIBIT 1. Repealed

Historical Note

Exhibit 1 adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Exhibit 1 repealed by final rulemaking at 12 A.A.R. 2401, effective August 5, 2006 (Supp. 06-2).

ARTICLE 3. PRACTICE OF PHYSICAL THERAPY

R4-24-301. Lawful Practice

A. A physical therapist shall provide the referring practitioner, if any, with information from the patient assessment, diagnosis, and plan of care. Within one week after a patient is initially evaluated, the physical therapist shall provide this information:

1. In writing and place a copy of the written notice in the patient’s record, or

2. Orally and place a contemporaneously made note of the verbal communication in the patient’s record.

B. A physical therapist shall maintain the confidentiality of patient records as required by federal and state law.

C. On written request by a patient or the patient’s health care decision maker, a physical therapist shall provide access to or a copy of the patient’s medical or payment record in accordance with A.R.S. § 12-2293.

D. A physical therapist shall obtain a patient’s consent before examination and treatment and document the consent in the patient’s record.

E. A physical therapist shall respect a patient’s right to make decisions regarding examination and the recommended plan of care including the patient’s decision regarding consent, modification of the plan of care, or refusal of examination or treatment. To assist the patient in making these decisions, the physical therapist shall:

1. Communicate to the patient:

a. Examination findings,

b. Evaluation of the findings, and

c. Diagnosis and prognosis,

2. Collaborate with the patient to establish the goals of treatment and the plan of care, and

3. Inform the patient that the patient is free to select another physical therapy provider.

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Former Section R4-24-301 repealed, new Section R4-24-301 adopted effective April 10, 1986 (Supp. 86-2). Amended effective March 14, 1996 (Supp. 96-1). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 15 A.A.R. 1788, effective December 5, 2009 (Supp. 09-4).

R4-24-302. Use of Titles

A. As required under A.R.S. § 32-2042, a licensed physical therapist shall use the designation “P.T.” immediately following the licensee’s name or signature to denote licensure. A licensed physical therapist shall not use the designations “R.P.T.” or “L.P.T.” in connection with the physical therapist’s name or place of business.

B. In addition to and immediately following the “P.T.” designation, a physical therapist may list academic degrees earned and professional specialty certifications held.

C. As required under A.R.S. § 32-2042, a physical therapist assistant shall use the designation “P.T.A.” immediately following the physical therapist assistant’s name to denote certification.

D. As required under A.R.S. § 32-2042, a physical therapist or physical therapist assistant who is on retired status shall use “(retired)” or “(ret.)” immediately after the designation required under subsection (A) or (C), as applicable.

Historical Note

Adopted effective June 1, 1982 (Supp. 82-3). Former Section R4-24-302 repealed, new Section R4-24-302 adopted effective April 10, 1986 (Supp. 86-2). Amended effective March 14, 1996 (Supp. 96-1). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008 (Supp. 08-3). Amended by final rulemaking at 18 A.A.R. 1858, effective July 10, 2012 (Supp. 12-3).

R4-24-303. Patient Care Management

A. A physical therapist is responsible for the scope of patient management in the practice of physical therapy as defined by A.R.S. § 32-2001. For each patient, the physical therapist shall:

1. Perform and document an initial evaluation;

2. Perform and document periodic reevaluation;

3. Document a discharge summary and the patient’s response to the course of treatment at discharge;

4. Ensure that the patient’s physical therapy record is complete and accurate; and

5. Ensure that services reported for billing, whether billed directly to the patient or through a third party, are accurate and consistent with information in the patient’s physical therapy record.

B. On each date of service, a physical therapist shall:

1. Perform and document each therapeutic intervention that requires the expertise of a physical therapist; and

2. Determine, based on a patient’s acuity and treatment plan, whether it is appropriate to use assistive personnel to perform a selected treatment intervention or physical therapy task for the patient.

C. A physical therapist shall not supervise more than three assistive personnel at any time. If a physical therapist supervises three assistive personnel, the physical therapist shall ensure that:

1. At least one of the assistive personnel is a physical therapist assistant,

2. No more than two of the assistive personnel are physical therapist assistants performing selected treatment interventions under general supervision, and

3. Assistive personnel other than a physical therapist assistant perform a physical therapy task only under the onsite supervision of a physical therapist.

D. Before delegating performance of a selected treatment intervention to a physical therapist assistant working under general supervision, the supervising physical therapist shall ensure that the physical therapist assistant:

1. Is certified under this Chapter, and

2. Has completed at least 2,000 hours of experience as a physical therapist assistant working with patients under onsite supervision.

E. Before delegating performance of a selected physical therapy intervention or physical therapy task to assistive personnel working under general or onsite supervision, the supervising physical therapist shall ensure that the assistive personnel is qualified by education or training to perform the selected physical therapy intervention or physical therapy task in a safe, effective, and efficient manner.

F. A physical therapist who provides general supervision for a physical therapist assistant shall:

1. Be licensed under this Chapter;

2. Respond to a communication from the physical therapist assistant within 15 minutes;

3. Go to the location at which and on the same day that the physical therapist assistant provides a selected treatment intervention if the physical therapist, after consultation with the physical therapist assistant, determines that going to the location is in the best interest of the patient; and

4. Perform a reevaluation and provide each therapeutic intervention for the patient that is done on the day of the reevaluation every fourth treatment visit or every 30 days, whichever occurs first.

G. A physical therapist assistant who provides a selected treatment intervention under general supervision shall document in the patient record:

1. The name and license number of the supervising physical therapist;

2. The name of the patient to whom the selected treatment intervention is provided;

3. The date on which the selected treatment intervention is provided;

4. The selected treatment intervention provided; and

5. Whether the physical therapist assistant consulted with the supervising physical therapist during the course of the selected treatment intervention and if so, the subject of the consultation and any decision made.

Historical Note

Adopted effective June 3, 1982 (Supp. 82-3). Repealed effective April 10, 1986 (Supp. 86-2). New Section R-24-303 adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 13 A.A.R. 1640, effective June 30, 2007 (Supp. 07-2).

R4-24-304. Adequate Patient Records

A. A physical therapist shall ensure that a patient record meets the following minimum standards:

1. Each entry in the patient record is:

a. Legible,

b. Accurately dated, and

c. Signed with the name and legal designation of the individual making the entry;

2. If an electronic signature is used to sign an entry, the electronic signature is secure;

3. The patient record contains sufficient information to:

a. Identify the patient on each page of the patient record,

b. Justify the therapeutic intervention,

c. Document results of the therapeutic intervention,

d. Indicate advice or cautionary warnings provided to the patient,

e. Enable another physical therapist to assume the patient’s care at any point in the course of therapeutic intervention, and

f. Describe the patient’s medical history.

4. If an individual other than a physical therapist or physical therapist assistant makes an entry into the patient record, the supervising physical therapist co-signs the entry;

5. If it is determined that erroneous information is entered into the patient record:

a. The error is corrected in a manner that allows the erroneous information to remain legible, and

b. The individual making the correction dates and initials the correct information; and

6. For each date of service there is an accurate record of the physical therapy services provided and billed.

B. Initial evaluation. As required by A.R.S. § 32-2043(F)(1), a physical therapist shall perform the initial evaluation of a patient. The physical therapist who performs an initial evaluation shall make an entry that meets the standards in subsection (A) in the patient record and document:

1. The patient’s reason for seeking physical therapy services;

2. The patient’s relevant medical diagnoses or conditions;

3. The patient’s signs and symptoms;

4. Objective data from tests or measurements;

5. The physical therapist’s interpretation of the results of the examination;

6. Clinical rationale for therapeutic intervention;

7. A plan of care that includes the proposed therapeutic intervention, measurable goals, and frequency and duration of therapeutic intervention; and

8. The patient’s prognosis.

C. Therapeutic-intervention notes. For each date that a therapeutic intervention is provided to a patient, the individual who provides the therapeutic intervention shall make an entry that meets the standards in subsection (A) in the patient record and document:

1. The patient’s subjective report of current status or response to therapeutic intervention;

2. The therapeutic intervention provided or appropriately supervised;

3. Objective data from tests or measures, if collected;

4. Instructions provided to the patient, if any; and

5. Any change in the plan of care required under subsection (B)(7).

D. Re-evaluation. As required by A.R.S. § 32-2043(F)(2), a physical therapist shall perform a re-evaluation when a patient fails to progress as expected, progresses sufficiently to warrant a change in the plan of care, or in accordance with R4-24-303(F)(4). A physical therapist who performs a re-evaluation shall make an entry that meets the standards in subsection (A) in the patient record and document:

1. The patient’s subjective report of current status or response to therapeutic intervention;

2. Assessment of the patient’s progress;

3. The patient’s current functional status;

4. Objective data from tests or measures, if collected;

5. Rationale for continuing therapeutic intervention; and

6. Any change in the plan of care required under subsection (B)(7).

E. Discharge summary. As required by A.R.S. § 32-2043(F)(3), a physical therapist shall document the conclusion of care in a patient’s record regardless of the reason that care is concluded.

1. If care is provided in an acute-care hospital, the entry made under subsection (C) on the last date that a therapeutic intervention is provided constitutes documentation of the conclusion of care if the entry is made by a physical therapist.

2. If care is not provided in an acute-care hospital or if a physical therapist does not make the entry under subsection (C) on the last date that a therapeutic intervention is provided, a physical therapist shall make an entry that meets the standards in subsection (A) in the patient record and document:

a. The date on which therapeutic intervention terminated;

b. The reason that therapeutic intervention terminated;

c. Inclusive dates for the episode of care being terminated;

d. The total number of days on which therapeutic intervention was provided during the episode of care;

e. The patient’s current functional status;

f. The patient’s progress toward achieving the goals in the plan of care required under subsection (B)(7); and

g. The recommended discharge plan.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). R4-24-304 renumbered to R4-24-305; new Section R4-24-304 made by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008 (Supp. 08-3).

R4-24-305. Complaints and Investigations

A. A complainant shall ensure that a complaint filed with the Board is about:

1. An individual licensed or certified under this Chapter; or

2. An individual believed to be engaged in unlawful practice as described in A.R.S. § 32-2048.

B. If the Board determines under A.R.S. § 32-2045(A)(2) that there is reason to believe that an individual may have violated A.R.S. Title 32, Chapter 19, or this Chapter, the Board shall prepare a complaint and serve the complaint as described in subsection (D)(2).

C. Complaint requirements. A complainant shall:

1. Submit the complaint to the Board in writing; and

2. Provide the following information:

a. Name of licensee, certificate holder, or other individual who is the subject of complaint;

b. Name and address of complainant;

c. Nature of the complaint;

d. Details of the complaint with pertinent dates and activities;

e. Whether the complainant has contacted any other organization regarding the complaint; and

f. Whether complainant has contacted the licensee, certificate holder, or other individual concerning the complaint, and if so, the response, if any.

D. Within 90 days after receiving a complaint, the Board shall ensure that the complaint is reviewed to determine whether the complaint is within the Board’s jurisdiction, and:

1. If the complaint is not within the Board’s jurisdiction, dismiss the complaint and provide written notice of the dismissal to the complainant; or

2. If the complaint is within the Board’s jurisdiction, serve a copy of the complaint on the individual complained against and provide the individual complained against with 30 days to respond and admit, deny, or further explain each allegation in the complaint.

E. If a complaint is within the Board’s jurisdiction, the Board shall ensure that an investigation regarding the matters alleged in the complaint is conducted.

F. After expiration of the 30 days provided under subsection (D)(2), the Board shall review the complaint, response, and investigation results and take action as prescribed under A.R.S. §§ 32-2045(B) or 32-2046.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). R4-24-305 renumbered to R4-24-306; new Section R4-24-305 renumbered from R4-24-304 and amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008 (Supp. 08-3).

R4-24-306. Hearings

A. To facilitate investigation of a complaint, the Board may conduct an informal hearing. The Board shall send written notice of an informal hearing to the individual who is the subject of the complaint, by personal service or certified mail, return receipt requested, at least 30 days before the informal hearing.

B. The Board shall ensure that the written notice of informal hearing contains the following information:

1. The time, date, and place of the informal hearing;

2. An explanation of the informal nature of the proceedings;

3. The individual’s right to appear with or without legal counsel;

4. A statement of the allegations and issues involved with a citation to relevant statutes and rules;

5. The individual’s right to a formal hearing under A.R.S. Title 41, Chapter 6, Article 10 instead of the informal hearing;

6. The licensee’s or certificate holder’s right to request under A.R.S. § 32-3206(A) a copy of information the Board will use in making its determination; and

7. Notice that the Board may take disciplinary action as a result of the informal hearing if it finds the individual violated A.R.S. Title 32, Chapter 19, or this Chapter;

C. The Board shall ensure that an informal hearing proceeds as follows:

1. Introduction of the respondent and, if applicable, legal counsel for the respondent;

2. Introduction of the Board members, staff, and Assistant Attorney General present;

3. Swearing in of the respondent and witnesses;

4. Brief summary of the allegations and purpose of the informal hearing;

5. Optional opening comment by the respondent;

6. Questioning of the respondent by the Board and questioning of witnesses by the Board and the respondent;

7. Optional additional comments by the respondent; and

8. Deliberation and deciding the case by the Board.

Historical Note

New Section R4-24-306 renumbered from R4-24-107 and amended by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). R4-24-306 renumbered to R4-24-307; new Section R4-24-306 renumbered from R4-24-305 and amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008 (Supp. 08-3).

R4-24-307. Subpoenas

A. A party desiring issuance of a subpoena to compel the appearance of a witness or the production of documents or other evidence at a hearing shall file a written request with the Board that includes the following information:

1. The caption and docket number of the matter;

2. A list or description of any documents or other evidence sought;

3. The name and business address of the custodian of the documents or other evidence sought;

4. The name and business or residential address of all persons to be subpoenaed;

5. A brief statement of the reason the evidence is relevant to the matter;

6. The date, time, and place to appear or produce documents or other evidence; and

7. The name, address, and telephone number of the party, or the party’s attorney, requesting the subpoena.

B. The party requesting a subpoena be issued shall ensure that the subpoena is served in the manner prescribed by the Arizona Rules of Civil Procedure and pay all costs involved in serving the subpoena.

C. A party or the person served with a subpoena who objects to the subpoena, in whole or in part, may file a written objection with the Board within five days after service of the subpoena or at the beginning of the hearing if the subpoena is served fewer than five days before the hearing.

D. The Board shall quash or modify a subpoena if:

1. It is unreasonable or oppressive,

2. It requests information that is confidential or privileged, or

3. The desired testimony or evidence can be obtained by an alternative method.

Historical Note

New Section R4-24-307 renumbered from R4-24-109 and amended by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). R4-24-307 renumbered to R4-24-308; new Section R4-24-307 renumbered from R4-24-306 and amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008 (Supp. 08-3).

R4-24-308. Rehearing or Review of Board Decisions

A. The Board shall provide for a rehearing and review of its decisions under A.R.S. Title 41, Chapter 6, Article 10.

B. Except as provided in subsection (I), a party is required to file a motion for rehearing or review of a decision of the Board to exhaust the party’s administrative remedies.

C. A party may amend a motion for rehearing or review at any time before the Board rules on the motion.

D. The Board may grant a rehearing or review for any of the following reasons materially affecting a party’s rights:

1. Irregularity in the proceedings of the Board or any order or abuse of discretion that deprived the moving party of a fair hearing;

2. Misconduct of the Board, its staff, or an administrative law judge;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the hearing;

5. Excessive or insufficient penalty;

6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings; and

7. The findings of fact or decision is not justified by the evidence or is contrary to law.

E. The Board may affirm or modify a decision or grant a rehearing or review to any or all of the parties on all or part of the issues for any of the reasons listed in subsection (D). An order modifying a decision or granting a rehearing or review shall specify with particularity the grounds for the order. If a rehearing or review is granted, the rehearing or review shall cover only the matters specified in the order.

F. No later than 30 days after making a decision and after giving the parties notice and an opportunity to be heard, the Board may order a rehearing or review on its own initiative for any of the reasons listed in subsection (D). The Board may grant a motion for rehearing or review, timely served, for a reason not stated in the motion. An order granting a rehearing or review shall specify with particularity the grounds on which the rehearing or review is granted.

G. When a motion for rehearing or review is based upon affidavits, the affidavits shall be served with the motion. An opposing party may, within 15 days after service, serve opposing affidavits. This period may be extended for not more than 20 days by the Board for good cause as described in subsection (I) or by written stipulation of the parties. The Board may permit reply affidavits.

H. If a rehearing is granted, the Board shall hold the rehearing within 60 days after the issue date on the order granting the rehearing.

I. If the Board makes a specific finding that immediate effectiveness of a particular decision is necessary for preservation of the public health, safety, or welfare and that rehearing or review is impracticable, unnecessary, or contrary to public interest, the decision may be issued as a final decision without an opportunity for rehearing or review. If an application for judicial review of the decision is made, it shall be made under A.R.S. § 12-901 et seq.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). R4-24-308 renumbered to R4-24-309; new Section R4-24-308 renumbered from R4-24-307 and amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008 (Supp. 08-3). Amended by final rulemaking at 18 A.A.R. 1858, effective July 10, 2012 (Supp. 12-3).

R4-24-309. Disciplinary Actions

A. As required by A.R.S. § 39-121.01, a record of Board disciplinary actions, including a decree of censure, is a public record open to public inspection.

B. If the Board decides to restrict a license or certificate, the Board shall ensure that the restriction and any required corrective action address the conduct that led to the restriction and protect the public. If the Board decides to require that an individual with a restricted license or certificate be supervised during the period of restriction, the Board shall appoint an unrestricted licensee to provide the supervision.

C. A physical therapist or physical therapist assistant whose license or certificate is suspended, revoked, or voluntarily surrendered shall return the license or certificate to the Board within 10 days after receipt of the Board’s final order.

D. At the end of a period of license or certificate restriction, the Board shall terminate the restriction only if the licensee or certificate holder submits to the Board evidence of having completed all required corrective actions and complied with all terms of the restriction. If the Board believes it will help the Board determine whether to terminate a restriction, the licensee or certificate holder shall appear before the Board.

E. An applicant who had a previous license or certificate revoked by the Board shall appear before the Board before the Board acts on the application.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). R4-24-309 renumbered to R4-24-310; new Section R4-24-309 renumbered from R4-24-308 and amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008 (Supp. 08-3).

R4-24-310. Substance Abuse Recovery Program

A. Under A.R.S. § 32-2044(8), practicing as a physical therapist or working as a physical therapist assistant while mentally or physically impaired is grounds for disciplinary action.

B. The Board shall allow an impaired licensee or certificate holder to enter into a substance abuse recovery program rather than conduct a disciplinary proceeding if:

1. The impaired licensee or certificate holder is qualified under A.R.S. § 32-2050(2),

2. The Board believes the proposed program will assist the impaired licensee or certificate holder to recover, and

3. The impaired licensee or certificate holder enters into the written agreement required under A.R.S. § 32-2050(3) and (4).

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 3897, effective July 31, 2004 (Supp. 04-3). New Section R4-24-310 renumbered from R4-24-309 and amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008 (Supp. 08-3).

R4-24-311. Display of License; Disclosure

A. A licensee or certificate holder shall display a copy or provide documentation of the license or certificate and current renewal verification as specified in A.R.S. § 32-2051(G).

B. Upon request, a licensee or certificate holder shall inform a member of the public how to file a complaint by providing the address and telephone number of the Board office and a statement that a complaint against a licensee or certificate holder should be directed to the Board.

C. Before conducting an evaluation or initiating physical therapy, a licensee shall disclose to a patient when a referring practitioner is deriving direct or indirect compensation from the referral. The licensee shall ensure that the disclosure is in writing and states “Under A.R.S. § 32-2051(C), I am required by law to inform you in writing that your referring physician [or specify if different from a physician] derives either direct or indirect compensation related to your physical therapy.”

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008 (Supp. 08-3).

R4-24-312. Mandatory Reporting Requirement

A. As required by A.R.S. § 32-3208, an applicant, licensee, or certificate holder who is charged with a misdemeanor involving conduct that may affect patient safety or a felony shall provide written notice of the charge to the Board within 10 working days after the charge is filed.

B. An applicant, licensee, or certificate holder may request a list of reportable misdemeanors from the Board.

Historical Note

New Section made by final rulemaking at 14 A.A.R. 3418, effective October 4, 2008 (Supp. 08-3). Amended by final rulemaking at 18 A.A.R. 1858, effective July 10, 2012 (Supp. 12-3).

Appendix A. Repealed

Historical Note

Appendix A adopted effective June 3, 1982 (Supp. 82-3). Amended effective April 10, 1986 (Supp. 86-2). Repealed effective May 7, 1990 (Supp. 90-2)

Appendix B. Repealed

Historical Note

Appendix B adopted effective June 3, 1982 (Supp. 82-3). Amended effective April 10, 1986 (Supp. 86-2). Repealed effective May 7, 1990 (Supp. 90-2).

ARTICLE 4. CONTINUING COMPETENCE

R4-24-401. Continuing Competence Requirements for Renewal

A. Except as provided in subsection (F), beginning September 1, 2000, a licensed physical therapist shall earn 20 contact hours of continuing competence activities for each compliance period to be eligible for renewal of license.

1. The licensee shall earn at least 10 contact hours from Category A continuing competence activities. No more than five of the required contact hours from Category A shall be obtained from nonclinical course work.

2. No more than 10 contact hours may be earned by the licensee during any compliance period from Categories B and C continuing competence activities. No more than five contact hours from categories B and C may be obtained from nonclinical course work.

3. If the licensee’s initial license is for one year or less, the licensee shall earn 10 contact hours during the initial compliance period.

B. A licensee shall not receive contact hour credit for repetitions of the same activity.

C. The continuing competence compliance period for a licensee begins on September 1 following the issuance of an initial license or a license renewal and ends on August 31 of even-numbered years.

D. A licensee shall not carry over contact hours from one compliance period to another.

E. An applicant for license renewal shall submit a signed statement to the Board with the renewal application stating whether continuing competence requirements have been fulfilled for the current compliance period.

F. The Board may, at its discretion, waive continuing competence requirements on an individual basis for reasons of extreme hardship such as illness, disability, active service in the military, or other extraordinary circumstance as determined by the Board. A licensee who seeks a waiver of the continuing competence requirements shall provide to the Board, in writing, the specific reasons for requesting the waiver and additional information that the Board may request in support of the waiver.

G. A licensee is subject to Board auditing for continuing competence compliance.

1. Selection for audit shall be random and notice of audit sent within 60 calendar days following the license renewal deadline.

2. Within 30 days of receipt of a notice of audit, a licensee shall submit evidence to the Board that shows compliance with the requirements of continuing competence. Documentation of a continuing competence activity shall include:

a. The date, place, course title, sponsor, schedule, and presenter;

b. The number of contact hours received for the activity; and

c. Proof of completion, such as an abstract, certificate of attendance, sign-in log, or other certification of completion.

H. A licensee shall retain evidence of participation in a continuing competence activity for the two preceding compliance periods.

I. The Board shall notify a licensee who has been audited whether the licensee is in compliance with continuing competence requirements. A licensee shall be notified by the Board, by certified mail, within 30 working days following the determination by the Board

J. A licensee found not in compliance with continuing competence requirements shall have six months from the notice of noncompliance to satisfy the continuing competence requirements. A licensee may request a hearing to contest the Board’s decision under A.R.S. Title 41, Chapter 6, Article 10.

K. Penalties for failure to comply with continuing competence requirements may be imposed by the Board under A.R.S § 32-2047 following a hearing conducted under A.R.S. Title 41, Chapter 6, Article 10.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2).

R4-24-402. Continuing Competence Activities

A. Category A continuing competence activities shall be approved by:

1. An accredited medical, health care, or physical therapy program;

2. A state or national medical, health care, or physical therapy association, or a component of the association; or

3. A national medical, health care, or physical therapy specialty society.

B. Category A continuing competence activities include:

1. A physical therapy continuing education course designed to provide necessary understanding of current research, clinical skills, administration, or education related to the practice of physical therapy. Calculation of contact hours shall be determined by dividing the total minutes of instruction by 60. Breaks shall not be included as part of instructional time;

2. Coursework towards granting or renewal of a physical therapy clinical specialty certification approved by the Board. Each 60 minutes of instruction equals one contact hour;

3. Coursework in a physical therapy clinical residency program. Each 60 minutes of instruction equals one contact hour; and

4. Coursework in a postgraduate physical therapy education from an accredited college or university. Each 60 minutes of instruction equals one contact hour.

C. Category B continuing competence activities include:

1. Study Group, maximum five contact hours.

a. A study group is a structured meeting designed for the study of a clinical physical therapy topic dealing with current research, clinical skills, procedures or treatment related to the practice of physical therapy.

b. A study group shall have a minimum of three participants and two hours of participation to equal one contact hour.

2. Self-Instruction, maximum five contact hours.

a. Self-instruction is a structured course of study relating to one clinical physical therapy topic dealing with current research, clinical skills, procedures, or treatment related to the practice of physical therapy. Self-instruction may be directed by a correspondence course, video, internet, or satellite program.

b. Each 60 minutes of self-instruction equals one contact hour.

3. Inservice Education, maximum five contact hours.

a. Inservice education is attendance at a presentation pertaining to current research, clinical skills, procedures, or treatment related to the practice of physical therapy or relating to patient welfare or safety, including CPR certification.

b. Each 60 minutes of inservice education equals one contact hour.

D. Category C modes of continuing competence include:

1. Physical therapy practice management coursework, maximum of five contact hours.

a. Physical therapy practice management course work is course work concerning physical therapy administration, professional responsibility, ethical obligations, or legal requirements applicable to physical therapy practice settings.

b. If the course is graded, a licensee shall receive a “pass” in a pass/fail course or a minimum of a C in a graded course to receive credit.

c. 60 minutes of practice management coursework equals one contact hour.

2. Teaching or lecturing, maximum five contact hours.

a. Teaching or lecturing is the presentation of an original educational program dealing with current research, clinical skills, procedures, treatment, or practice management related to the practice of physical therapy principally for health care professionals. Credit may be earned for teaching when the presentation is accompanied by written materials prepared, augmented, or updated by the presenter including course objectives and program content.

b. One 60 minute instructional period equals 2.5 contact hours.

c. Credit shall be given only once for a presentation within a compliance period.

3. Publication, maximum five contact hours.

a. Publication includes writing for professional publication, platform, or poster presentation abstracts that have direct application to the practice of physical therapy. Credit may be earned for publication of material that is a minimum of 1500 words in length and published by a recognized third-party publisher of physical therapy material.

b. Each article published in a refereed journal, book chapter or book equals 10 contact hours. Articles published in non-refereed journals, magazines, newsletters, or periodicals equal five contact hours.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2).

R4-24-403. Activities Not Eligible for Continuing Competence Credit

A licensee shall not receive continuing competence credit for the following activities:

1. A regularly scheduled educational opportunity provided within an institution, such as rounds or case conferences;

2. A staff meeting;

3. A publication or presentation by a licensee to a lay or nonprofessional group; and

4. Routine teaching of personnel, students, or staff as part of a job requirement.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2).

ARTICLE 5. PUBLIC PARTICIPATION PROCEDURES

R4-24-501. Expired

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 3897, effective July 31, 2004 (Supp. 04-3).

R4-24-502. Petition for Rulemaking; Review of Agency Practice or Substantive Policy Statement; Objection to a Section Based Upon Economic, Small Business, or Consumer Impact

A petition to adopt, amend, or repeal a Section or to review an existing agency practice or substantive policy statement that the petitioner alleges to constitute a rule under A.R.S. § 41-1033 or to object to a Section in accordance with A.R.S. § 41-1056.01 shall be filed with the Board as prescribed in this Section. Each petition shall contain:

1. The name and current address of the petitioner;

2. For adoption of a new Section, specific language of the proposed new Section;

3. For amendment of a current Section, citation for the applicable Arizona Administrative Code Section number and heading of the current Section and the specific language of the current Section with language to be deleted stricken and new language underlined;

4. For the repeal of a current Section, citation for the applicable A.A.C. Section number and heading of the Section proposed for repeal;

5. The reasons a Section should be adopted, amended, or repealed, and if in reference to an existing Section, why the Section is inadequate, unreasonable, unduly burdensome, or otherwise not acceptable. The petitioner may provide additional supporting information, including:

a. Statistical data or other justification, with clear reference to an attached exhibit;

b. Identification of what person or segment of the public would be affected and how the person or segment would be affected; and

c. If the petitioner is a public agency, a summary of a relevant issue raised in any public hearing, or as a written comment offered by the public;

6. For a review of an existing Board practice or substantive policy statement alleged to constitute a rule, the reason the existing Board practice or substantive policy statement constitutes a rule and the proposed action requested of the Board;

7. For an objection to a Section based upon the economic, small business, or consumer impact, evidence that:

a. The actual economic, small business, or consumer impact significantly exceeded the impact estimated in the economic, small business, and consumer impact statement submitted during the making of the Section;

b. The actual economic, small business, or consumer impact was not estimated in the economic, small business, and consumer impact statement submitted during the making of the Section and that actual impact imposes a significant burden on a person subject to the Section; or

c. The agency did not select the alternative that imposes the least burden and costs to persons regulated by the Section, including paperwork and other compliance costs, necessary to achieve the underlying regulatory objective; and

8. The signature of the person submitting the petition.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Amended by final rulemaking at 18 A.A.R. 1858, effective July 10, 2012 (Supp. 12-3).

R4-24-503. Expired

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 3897, effective July 31, 2004 (Supp. 04-3).

R4-24-504. Expired

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 3897, effective July 31, 2004 (Supp. 04-3).

R4-24-505. Expired

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2). Section expired under A.R.S. § 41-1056(E) at 10 A.A.R. 3897, effective July 31, 2004 (Supp. 04-3).

R4-24-506. Written Criticism of Rule

A. Any person may file a written criticism of an existing rule with the Board.

B. The criticism shall clearly identify the rule and specify why the existing rule is inadequate, unduly burdensome, unreasonable, or otherwise improper.

C. The Board shall acknowledge receipt of a criticism within 15 days and shall place the criticism in the official record for review by the Board under A.R.S. § 41-1056.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 2399, effective June 9, 2000 (Supp. 00-2).

 


Scott Cancelosi
Director
Public Services Division

A.A.C. Table of Contents

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Editor
Arizona Administrative Code