justicedao/ipfs_state_laws huggingface dataset:
848-015-0020 Scope of Practice (1) For purposes of the provision of physical therapy services, a physical therapist assistant shall work solely under the clinical supervision and direction of a physical therapist. (2) A physical therapist assistant may provide physical therapy treatment only when a supervising physical therapist is available. As used in this rule “available” means that at all times a supervising physical therapist is readily accessible for consultation with the assistant, either in person or by means of telecommunications. (3) A physical therapist assistant may provide physical therapy treatment only after a physical therapist has performed an initial evaluation and prepared a plan of care. (4) A physical therapist assistant may prepare a final summary of a patient’s physical therapy status upon discharge as provided in OAR 848-040-0165. (5) A physical therapist assistant shall work in compliance with the standards set out in Division 40 of these rules. (6) If authorized by a supervising physical therapist, a physical therapist assistant may provide limited services to a student in a school setting for up to 10 school days after the date when a reassessment is required to be performed under OAR 848-0040-0155(2)(b) or (c). The services that may be provided under this paragraph are limited to coordinating with other persons and instructing a teacher or educational or instructional assistant or nursing aide in physical management strategies to insure that the student can access the classroom and related educational services in compliance with and continued implementation of the student’s individualized education plan as defined in OAR 848-040-0100(3). Statutory/Other Authority: ORS 688.160 & 688.055 Statutes/Other Implemented: ORS 688.020, 688.040, 688.055, 688.070, 688.080 & 688.090 History: PTLB 3-2018, amend filed 08/16/2018, effective 09/01/2018 PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07 PTLB 3-2004, f. & cert. ef. 12-29-04
848-015-0030 Prohibited Acts (1) A physical therapist assistant shall not: (a) Perform an initial evaluation. (b) Perform the required reassessment provided in OAR 848-040-0155. However, a physical therapist assistant may participate with the physical therapist in gathering data to be included in the required reassessment of a patient for whom the assistant has been providing treatment. (c) Independently make modifications to the plan of care or objective goals. However, an assistant may collaborate with the physical therapist in making modifications or changes to the plan of care or goals based on the assistant's treatment of that patient and the patient's condition, progress or response to the treatment. (d) Independently make the decision to discharge a patient from therapy. However, a physical therapist assistant may make recommendations regarding discharge to the supervising physical therapist based on the assistant's treatment of the patient. (e) Perform high velocity manipulation of the spine or peripheral joints. (2) As provided in ORS 688.020(2), no person shall work as a physical therapist assistant unless that person is licensed under ORS 688.090. Statutory/Other Authority: 688.055 & ORS 688.160 Statutes/Other Implemented: ORS 688.020, 688.040, 688.055, 688.070 & 688.080 688.090 History: PTLB 3-2018, amend filed 08/16/2018, effective 09/01/2018 PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14 PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09 PTLB 5-2005, f. 12-29-05, cert. ef. 1-1-06 PTLB 3-2004, f. & cert. ef. 12-29-04
848-020-0000 Definitions As used in this division: (1) “Physical therapist aide” or “aide” means a person who is not licensed as a physical therapist or physical therapist assistant, who aids a physical therapist or physical therapist assistant by performing treatment-related tasks or by performing non-treatment, patient-related tasks. Although they may be providing services to a patient pursuant to direction or instruction from a physical therapist or physical therapist assistant, the following persons are not considered physical therapist aides: (a) Educational or instructional aides or assistants working in a school setting; or (b) Nurses aides, restorative aides or personal care assistants. Persons performing facility maintenance, equipment assembly and maintenance, housekeeping, clerical, or other similar tasks are not considered aides. (2) “Physical therapist” or “physical therapist assistant” includes a person who holds a temporary permit issued under OAR 848-010-0026. (3) “Treatment-related task” means a physical therapy service rendered directly to a patient. (4) “Non-treatment, patient-related task” means a task related to preparation of treatment areas, transport of patients, preparation of patients for treatment and other patient-related tasks. (5) “Supervise” means to provide the amount of personal direction, assistance, advice and instruction necessary to reasonably assure that the supervisee provides the patient competent physical therapy services, given the supervisor’s actual knowledge of the supervisee’s ability, training and experiences. Additionally, supervision of: (a) A treatment-related task requires that the supervising physical therapist or physical therapist assistant be in the same building and within sight or earshot of the aide who is performing the treatment-related task, such that the supervising physical therapist or physical therapist assistant is immediately available at all times to provide in person direction, assistance, advice, or instruction to the aide or the patient. A physical therapist may delegate supervision of an aide to a physical therapist assistant; (b) A non-treatment, patient-related task requires that the supervising physical therapist or physical therapist assistant be in the building where the aide is performing the task. (6) “Authentication” means the process by which the licensee reviews and validates the accuracy of the record entry. By authenticating a record entry, the licensee certifies that the services described were performed by the authenticating licensee or performed by a person under that licensee’s supervision. Statutory/Other Authority: ORS 688.160 Statutes/Other Implemented: ORS 688.160 & 688.210 History: PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14 PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07 PTLB 4-2004, f. & cert. ef. 12-29-04 PT 3-1994, f. & cert. ef. 7-29-94
848-020-0010 Eligibility Standards A physical therapist aide shall: (1) Be at least 18 years of age. (2) Have received a high school diploma or equivalent. Statutory/Other Authority: ORS 688.160 Statutes/Other Implemented: ORS 688.160 & 688.210 History: PTLB 4-2004, f. & cert. ef. 12-29-04 PT 3-1994, f. & cert. ef. 7-29-94
848-020-0030 Supervision; Delegation of Supervision; Professional Responsibility of Supervisors and Supervisees (1) The physical therapist shall supervise the physical therapist aide in each treatment task and each non-treatment, patient-related task assigned to the aide. The supervising physical therapist may delegate to a physical therapist assistant supervision of the aide. (2) A physical therapist or physical therapist assistant shall not permit an aide to perform a treatment-related task or a non-treatment, patient-related task except under the supervision of a physical therapist or physical therapist assistant. A licensee shall not permit an aide to administer a task that is prohibited under OAR 848-020-0060, and shall not permit an aide to administer a non-prohibited procedure or modality to a patient unless a licensee has previously administered the entire specific procedure or modality to the patient. (3) A physical therapist or physical therapist assistant may supervise a maximum total of two physical therapist aides, when the aides are performing treatment-related tasks. In addition, a physical therapist or physical therapist assistant may supervise additional aides who are not performing treatment related tasks. (4) Use of an aide to perform tasks as allowed by this rule shall not constitute a violation of OAR 848-045-0020(2)(s). (5) A physical therapist or physical therapist assistant is responsible for the competent performance of tasks assigned to an aide whom the physical therapist or physical therapist assistant is supervising as provided in OAR 848-020-0000(5). (6) A physical therapist assistant is always also professionally responsible for all acts and omissions of each aide under the physical therapist assistant's supervision. Statutory/Other Authority: ORS 688.160 Statutes/Other Implemented: ORS 688.160 & 688.210 History: PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09 PTLB 4-2005, f. 12-29-05, cert. ef. 1-1-06 PTLB 4-2004, f. & cert. ef. 12-29-04 PT 3-1994, f. & cert. ef. 7-29-94
848-020-0040 Training (1) Prior to allowing a physical therapist aide to perform any treatment-related task, the supervising physical therapist shall assure that the aide has undertaken 40 hours of on-the-job training as follows: (a) A minimum of 10 hours of instruction on professional/medical ethics, patient confidentiality, universal precautions, body mechanics, physical medicine terminology and safety procedures; (b) A minimum of 30 hours of instruction in the facility in areas appropriate to that particular physical therapy facility, including but not limited to precautions and contraindications for physical therapy treatments routinely provided at the facility, and supervised practical applications of appropriate treatment protocols and techniques. Changes in employment shall require another 30 hours of instruction appropriate to that facility; (c) However, physical therapist or physical therapist assistant students, upon successful completion of the first year of study, may be employed as an aide with a minimum of 8 hours of instruction appropriate to that facility; (d) A person who has successfully completed a CAPTE accredited physical therapist or physical therapist assistant program, may be employed as an aide with a minimum of 8 hours of instruction appropriate to that facility. (2) The supervising physical therapist shall be responsible for documentation of the training for each aide, and shall maintain this documentation at the facility for a minimum of 5 years after termination of employment and make it available to the Board upon request. The supervising physical therapist also shall respond to any inquiry by the Board concerning the training provided to an aide. The aide training record shall include but not be limited to: (a) Aide position description; (b) Policies and procedures clearly stating the aide's duties, as set forth in OAR 848-020-0060; (c) Training schedule, which includes but is not limited to: (A) Start date for the training; (B) Activity/description of training; (C) Amount of time spent on training for each activity; (D) Date training is complete; (E) Names of instructors and aide, including signature of each instructor and aide; (F) If applicable, documentation of training received outside of the facility in the form of a letter or copies of the previous training record. Documentation must include the level of responsibility of the aide. Statutory/Other Authority: ORS 688.160 Statutes/Other Implemented: ORS 688.160 & 688.210 History: PTLB 4-2004, f. & cert. ef. 12-29-04 PT 5-1997, f. & cert. ef. 8-5-97 PT 3-1994, f. & cert. ef. 7-29-94
848-020-0050 Assignment of Tasks to Aides (1) A supervising physical therapist or physical therapist assistant may assign treatment-related tasks and non-treatment, patient-related tasks to an aide. (2) Prior to allowing an aide to perform any treatment-related task: (a) The physical therapist must provide an initial evaluation of the patient and develop a plan of care; (b) The physical therapist or physical therapist assistant shall assess the competence of the aide to perform an assigned treatment-related task for that patient in a safe and effective manner; (c) The physical therapist or physical therapist assistant must assign only those tasks which are appropriate for the aide to perform for that patient based on the aide's training, experience and ability. (3) A physical therapist or physical therapist assistant shall not permit an aide to administer a non-prohibited procedure or modality to a patient unless a licensee has previously administered the entire specific procedure or modality to the patient as per OAR 848-020-0030(2). (4) When a treatment-related task is performed by an aide, the supervising physical therapist or physical therapist assistant shall, at some point during each treatment, provide direct service to the patient to assess and monitor the patient's progress, and so document in the patient's record. Statutory/Other Authority: ORS 688.160 Statutes/Other Implemented: ORS 688.160 & 688.210 History: PTLB 3-2018, amend filed 08/16/2018, effective 09/01/2018 PTLB 4-2004, f. & cert. ef. 12-29-04 PT 3-1994, f. & cert. ef. 7-29-94
848-035-0010 Purpose The 2005 Oregon Legislation gave new authority to the Oregon Board of Physical Therapy, effective January 1, 2006, to adopt rules establishing minimum continuing competence requirements for all licensees. The following rules set out the requirements. Statutory/Other Authority: ORS 688.160 Statutes/Other Implemented: ORS 688.160(6)(g) History: PTLB 2-2020, amend filed 06/12/2020, effective 06/19/2020 PTLB 1-2014, f. 2-21-14, cert. ef. 4-1-14 PTLB 1-2006, f. & cert. ef. 4-14-06
848-035-0015 Definitions As used in this Division: (1) “Continuing Competence” means continuing education mandatory requirements, course work or other professional activities as provided in OAR 848-035-0030(1), (2) and (3). (2) "Certification period" means a 24 month continuing competence certification period which runs from April 1st of each even numbered year, through March 31st of the next even numbered year, (e.g. April 1, 2018 through March 31, 2020). (3) "Hours" means contact hours. Statutory/Other Authority: ORS 688.160 Statutes/Other Implemented: ORS 688.160(6)(g) History: PTLB 2-2020, amend filed 06/12/2020, effective 06/19/2020 PTLB 3-2018, amend filed 08/16/2018, effective 09/01/2018 PTLB 1-2014, f. 2-21-14, cert. ef. 4-1-14 PTLB 1-2006, f. & cert. ef. 4-14-06
848-035-0040 Documentation of Continuing Competence (1) In order to qualify for credit against the required hours, a continuing competence course, seminar or activity must include a completion certificate. The certificate must include the title of the course or activity, the name of the sponsor or speaker, date of completion, number of hours and licensee's name. (2) The licensee is responsible for obtaining a completion certificate from the sponsor or speaker. The licensee is further responsible for retaining the certificate and submitting a legible copy to the Board in the manner designated by the Board before or during renewal of license. All completion certificates shall be retained by the licensee for a minimum of four (4) years from the certificate date. (3) The Board may require all or any percentage of physical therapists and physical therapist assistants who are renewing their licenses to provide additional documentation of completion of the continuing competence requirements of this Division 35. Statutory/Other Authority: ORS 688.160 Statutes/Other Implemented: ORS 688.160(6)(g) History: OBPT 2-2022, amend filed 10/20/2022, effective 10/21/2022 PTLB 2-2020, amend filed 06/12/2020, effective 06/19/2020 PTLB 1-2014, f. 2-21-14, cert. ef. 4-1-14 PTLB 1-2012, f. 2-9-12, cert. ef. 3-1-12 PTLB 2-2008, f. 12-16-08, cert. ef. 1-2-09 PTLB 1-2006, f. & cert. ef. 4-14-06
848-040-0105 General Standards for Practice (1) Licensees shall practice competently. A licensee practices competently when they apply evidence-based practice with the appropriate knowledge, skill and degree of care and diligence that would be used by a reasonable, careful and prudent licensee under the same or similar circumstances. (2) A physical therapist must immediately refer a patient to an appropriate medical provider if signs or symptoms are present that require treatment or diagnosis by such provider or for which physical therapy is contraindicated or if treatment for the signs or symptoms is outside the knowledge of the physical therapist or scope of practice of physical therapy. (3) A licensee shall not delegate to another person any task that the person is not legally authorized to perform or is not qualified by training and experience to perform. (4) A licensee shall not provide treatment intervention that is not warranted by the patient's condition. (5) A licensee shall respect the privacy and dignity of the patient in all aspects of practice. (6) A licensee shall comply with the laws and rules governing the use and disclosure of a patient's protected health information as provided in ORS 192.553-192.581. (7) A licensee shall comply with the provisions of ORS 688.135(3) by displaying a copy of their current license in their place(s) of employment in a location accessible to public view, or by making a paper or electronic copy readily available upon request, or by displaying an electronic verification of current status from the Board’s website. Statutory/Other Authority: ORS 688.160 Statutes/Other Implemented: ORS 688.160, 688.010 & 688.210 History: OBPT 1-2025, amend filed 01/23/2025, effective 03/01/2025 PTLB 2-2013, f. 11-26-13, cert. ef. 1-1-14 PTLB 8-2005, f. 12-29-05, cert. ef. 1-1-06 PTLB 6-2004, f. & cert. ef. 12-29-04
848-040-0107 Standards for Use of Health Care Interpreters (1) Except as provided in subsection (a) of this section, a licensee who is reimbursed with public funds shall work with a health care interpreter from the health care interpreter registry administered by the Oregon Health Authority under ORS 413.558 when communicating with a patient who prefers to communicate in a language other than English, unless the licensee is proficient in the patient's preferred language. (a) A licensee who is otherwise required to work with a health care interpreter from the health care interpreter registry may work with a health care interpreter who is not listed on the health care interpreter registry only if the provider: (A) Is employed by an education provider that provides education services to children from birth through age 21 and the interpreter is provided by the education provider in accordance with the education provider’s requirements; (B) Verifies, in writing, that the licensee has taken the appropriate steps needed to obtain a health care interpreter from the health care interpreter registry in accordance with the rules adopted by the Oregon Health Authority under ORS 413.558; or (C) Has offered the patient the services of a health care interpreter from the health care interpreter registry and the patient declined the offer and chose a different interpreter. (b) A licensee shall give personal protective equipment, consistent with established national standards, to health care interpreters providing services on-site at no cost to the health care interpreter and may not suggest to the health care interpreter that the health care interpreter should procure the health care interpreter's own personal protective equipment as a condition of working with the licensee. (c) A licensee shall maintain records of each patient encounter in which the provider worked with a health care interpreter from the health care interpreter registry. The records must include: (A) The name of the licensee; (B) The health care interpreter's registry number; and (C) The language interpreted. (2) For the purposes of this rule, education provider is defined as: (a) A school district, as defined in ORS 332.002. (b) The Oregon School for the Deaf. (c) An educational program under the Youth Corrections Education Program. (d) A public charter school, as defined in ORS 338.005. (e) An education service district, as defined in ORS 334.003. (f) Any state-operated program that provides educational services to students. (g) A private school. Statutory/Other Authority: ORS 413.558, HB 2359 (2021) & ORS 688.160 Statutes/Other Implemented: ORS 413.558 & HB 2359 (2021) History: OBPT 1-2023, adopt filed 01/25/2023, effective 01/25/2023 OBPT 3-2022, temporary adopt filed 10/20/2022, effective 10/20/2022 through 04/17/2023
848-040-0120 Standards For Record Of Authorization (1) A written referral received from a provider identified in ORS 688.132(1) shall be included in the patient record. In order to qualify as an authorization, a written referral must include, at a minimum, the name of the patient, the name of the provider, authentication by the provider and the date of the referral. (2) An oral referral received from a provider identified in ORS 688.132(1) shall be documented in the patient record. Documentation shall include the name of the provider; the name of the person communicating the referral; the date the referral was received; the name of the person to whom the oral referral was communicated; the name of the patient; and a description of the referral. A non-licensee may accept and document an oral referral. (3) If an oral referral is received a written referral must be requested from the provider. Documentation of the request shall include the date request was made and name of person making request. The written request received subsequent to an oral referral shall be included in the patient record when received. Statutory/Other Authority: ORS 688.160 Statutes/Other Implemented: ORS 688.160, 688.010 & 688.210 History: OBPT 1-2025, amend filed 01/23/2025, effective 03/01/2025 PTLB 8-2005, f. 12-29-05, cert. ef. 1-1-06 PTLB 6-2004, f. & cert. ef. 12-29-04
848-040-0125 Standards For Initiation Of Physical Therapy (1) Except as provided in subsection (5) of this section, prior to initiating the first physical therapy treatment, a physical therapist shall perform an initial evaluation of each patient and determine a plan of care as provided in OAR 848-040-0135. (2) In the course of performing an initial evaluation the physical therapist shall examine the patient, obtain a history, perform relevant system reviews, assess the patient's functional status, select and administer specific tests and measurements and formulate clinical judgments regarding the patient. A physical therapist may incorporate by reference medical history or system review information about the patient prepared by another provider and available in the patient record, IEP, IFSP or other designated plan of care. (3) For purposes of subsection (1) of this section, a physical therapist shall perform a separate initial evaluation under the following circumstances: (a) The patient is returning to care after being discharged from therapy; (b) The patient has not received physical therapy treatment at the clinic, facility or patient home for the current episode of care; or (c) A current patient presents with a new diagnosis for an unrelated condition or body part. (4) Only a physical therapist may perform an initial evaluation. A physical therapist shall not delegate the performance of an initial evaluation to a physical therapist assistant or to an aide. (5) Under circumstances or situations where a physical therapist is called upon to provide immediate minimal or basic treatment to a person participating in an athletic activity or event, the physical therapist shall examine the person by performing tests and measurements appropriate to the circumstances, assess the person’s condition, formulate clinical judgments, and determine the immediate care to be provided. Documentation under this subsection shall include, at a minimum, the person’s name, age if available, a brief description of the injury or condition, and disposition or treatment, including recommendation for additional or alternative care. Neither a physical therapy plan of care nor a discharge summary is required in these circumstances. Statutory/Other Authority: ORS 688.160 Statutes/Other Implemented: ORS 688.160, 688.010 & 688.210 History: OBPT 1-2025, amend filed 01/23/2025, effective 03/01/2025 PTLB 3-2017, amend filed 11/28/2017, effective 01/01/2018 PTLB 1-2012, f. 2-9-12, cert. ef. 3-1-12 PTLB 1-2007, f. 3-13-07, cert. ef. 4-1-07 PTLB 6-2004, f. & cert. ef. 12-29-04