Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 1 - Licensing and Certification › Chapter 1 - Physical Therapists and Physical Therapists Assistants › Subchapter B - General Provisions › Section LIV-123 - Definitions [Formerly Sections 103, 113, 119, 303 and 305]

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this Title, the following terms and
						phrases, unless specifically defined within the Physical Therapy Practice Act,
						R.S.
						37:2401 et seq
.
, shall have
						the meanings specified herein.
Active Status
-the current state of a
						license which classifies the licensee as holding a current and valid license
						and being in good standing.
Administrative Complaint
-a sworn
						statement of allegations prepared by board counsel and filed with the board
						which includes a statement of the matters asserted and reference the particular
						Sections of the statutes and rules involved, the filing of which initiates a
						contested disciplinary proceeding.
American Physical Therapy
						Association
-APTA
Applicant
-a person who has applied to
						the board for a license to engage in the practice of physical therapy in the
						State of Louisiana.
Applicant Review Committee
-the panel
						designated by board policy to review a license application and attached
						materials and evidence, including, but not limited to, a criminal history
						record, and to conduct interviews to examine whether an applicant has presented
						evidence satisfactory of his qualifications for licensure as required under the
						Practice Act and board rules and to recommend indicated action on an
						application. The applicant review committee acts on behalf of the board and
						shall be composed of one or more board members and the executive director, but
						may also include one or more advisory committee member(s) and legal
						counsel.
Application
-a written request directed
						to and received by the board, upon forms approved and supplied by the board,
						for a license to practice physical therapy in the State of Louisiana, together
						with all information, certificates, documents, and other materials required by
						the board to be submitted with such forms.
Board
-the Louisiana Physical Therapy
						Board (formerly the Louisiana State Board of Physical Therapy Examiners)
						created by
						R.S.
						37:2403 within the Louisiana Department of
						Health, acting through its members as a body or through its executive director,
						staff, and agents carrying out the rules, policies and precedents established
						by the board.
Board Order
-a final decision of the
						board issued in a contested proceeding or in lieu of such proceeding, which may
						include findings of fact and conclusions of law, separately stated.
CAPTE
-the Commission on Accreditation of
						Physical Therapy Education
Child
or
Children
-as
						used in
						R.S.
						37:2418(C)(1), an individual
						or individuals under the age of 21 years.
Client
-recipient of services,
						information, advice, education and/or recommendations for activities related to
						wellness and preventive services including conditioning, injury prevention,
						reduction of stress, or promotion of fitness.
Clinical Instructor
-a PT or a PTA
						supervising a student pursuing a career in the physical therapy
						profession.
Clinical Supervisor
-a licensed PT or PTA
						in good standing and selected with approval of the board who directly
						supervises a CAPTE graduate pending examination holding a provisional license
						in the clinical environment. A clinical supervisor may directly supervise a
						foreign-educated physical therapist or foreign-educated physical therapist
						assistant while completing the period of supervised clinical practice
						requirements of
						§331
Competence
-the application of knowledge,
						skills, and professionalism required to function effectively, safely, ethically
						and legally within the context of the patient/client role and
						environment.
Confidentiality
-Except for the reporting
						requirements of
						R.S.
						37:2425, all records of a PT or PTA who has
						successfully completed or is actively participating in the non-disciplinary
						alternative program (CRPTP) set forth herein at
						§357 shall not be subject to public
						disclosure, and shall not be subject to discovery in legal proceedings except
						as required by federal and state confidentiality laws and regulations, or order
						of a Court. However, the records of those participating in the CRPTP will be
						addressed with their employer as well as with members of the Board and those
						serving on committees of the Board, as necessary. The records of a PT or PTA
						who fails to comply with the program agreement or who leaves the program
						without enrolling in an alternative program in the state to which the
						practitioner moves, or who subsequently violates the Louisiana Physical Therapy
						Act or the board rules, shall not be deemed confidential except for those
						records protected by federal and state confidentially laws and
						regulations.
Consent Order
-an order of the board that
						has been contractually entered into by the board and respondent, which shall
						include, in part, a factual basis for the consent order, the violations of law
						and rule related to the licensees conduct, and stipulations which may include
						revocation, suspension, other restrictions, or any combination thereof as
						mutually agreed between the parties.
Consultative Services
-information,
						advice, education and/or recommendations provided by a physical therapist with
						respect to physical therapy.
Contact Hour
-60 minutes of continuing
						education instruction.
Contested Case
-a disciplinary proceeding
						in which the legal rights, duties, or privileges of a Respondent are to be
						determined by the board after an opportunity for an adjudicative
						hearing.
Continuing Education Year
-beginning
						April 1 and ending March 31 of the following year.
Continuous Supervision
-observation and
						supervision of the procedures, functions, and practice by a supervisor who is
						physically within the same treatment area.
Coursework Tool (CWT)
-a tool developed
						by the FSBPT as a standardized method to evaluate the educational equivalence
						of non-CAPTE graduates to CAPTE graduates. Each CWT reflects the general and
						professional educational requirements for substantial equivalence at the time
						of graduation with respect to a U.S. first professional degree in physical
						therapy.
CWT
-see
coursework
						tool.
Criminal History Record
						Information
-information collected by state and federal criminal
						justice agencies on applicants and licensees consisting of identifiable
						descriptions and notations of arrests, detentions, indictments, bills of
						information, or any formal criminal charges, and any disposition arising
						therefrom, including sentencing, criminal correctional supervision, and
						release, but does not include intelligence for investigatory purposes, nor does
						it include any identification information which does not indicate involvement
						of the individual in the criminal justice system.
Disciplinary Action
-the imposition of a
						sanction by the board which may include reprimand, probation, suspension, or
						revocation of a license, and other appropriate requirements.
Discharge Summary
-see Documentation
						Standa§341
Documented Conferences
-as used in
						R.S.
						37:2418 F(2)(e), see Patient Care Conference
						definition.
Dry Needling
-a physical intervention
						which utilizes filiform needles for the treatment of neuromuscular pain and
						functional movement deficits. Dry Needling is based upon Western medical
						concepts and does not rely upon the meridians utilized in acupuncture and other
						Eastern practices. A physical therapy evaluation will indicate the location,
						intensity and persistence of neuromuscular pain or functional deficiencies in a
						physical therapy patient and the propriety for utilization of dry needling as a
						treatment intervention. Dry needling does not include the stimulation of
						auricular points.
FEPT
-
see
§135.A 1
FEPTA
-
see
§135.A 2
Foreign-Educated Physical Therapist
						(FEPT)
-see
						§135.A 1
Foreign-Educated Physical Therapist Assistant
						(FEPTA)
-see
						§135.A 2
Foreign Educated PT Applicant
-a person
						whose education as a PT was obtained in a program not accredited by
						CAPTE.
FSBPT
-the Federation of State Boards of
						Physical Therapy
Good Moral Character
-as applied to an
						applicant or licensee means the aggregate of qualities evidenced by past
						conduct, social relations, or life habits, which actually provide persons
						acquainted with the applicant or licensee a basis to form a favorable opinion
						regarding his ethics and responsibility to duty. In addition, to achieve and
						maintain Good Moral Character, an applicant or licensee shall provide accurate,
						complete and truthful information to the board and shall not, at any time,
						commit any act or omission which provides a basis for disciplinary actions or
						violations under
						R.S.
						37:2420 or
						R.S.
						37:2421.
Graduated, Graduation or Graduate
-
						having completed all requirements, including clinical experience, at a CAPTE
						accredited program for physical therapists or physical therapist assistants. If
						an educational program certifies that the degree is assured and will be
						conferred at a later date, an applicant will be considered to have graduated
						and become a graduate.
HIPDB
-Healthcare Integrity and
						Protection Data Bank, See National Practitioner Databank (NPDB).
Impairment
or
Impaired
-a condition that causes an infringement on the
						ability of an individual to practice, or assist in the practice, of physical
						therapy with reasonable skill and safety to patients. Impairment may be caused
						by, but is not limited to, alcoholism, substance abuse, addiction, mental
						and/or physical conditions.
In Good Standing
-a person who holds a
						current, valid Louisiana license, who is not subject to a board order or
						consent order, and whose license is not restricted. The board is the ultimate
						arbiter of whether a licensee is in good standing.
Inactive
-a license status indicating
						voluntary termination of the right or privilege to practice physical therapy in
						Louisiana. The board may allow a licensee who is not engaged in the practice of
						physical therapy in Louisiana to inactivate the license as an alternative to an
						expired license.
Incompetence
-lacking competence, as
						defined in §123
Informal Conference
-a meeting held
						pursuant to
						R.S. 49:961.C
						with a Respondent and an Investigative Committee of the board to determine
						whether a disciplinary case should proceed.
Initial Physical Therapy Evaluation
-as
						defined in
						R.S.
						37:2407(A)(1).
Investigative Committee
-the panel
						designated by board policy to investigate complaints and to conduct Informal
						Conferences in disciplinary matters, typically composed of one or more board
						members, the executive director, investigator and legal counsel.
Jurisdiction of the United States
-any
						state, the District of Columbia, the Commonwealth of Puerto Rico, the United
						States Virgin Islands, or any American territory.
Jurisprudence
-the body of law applicable
						to the practice of physical therapy in Louisiana including the Practice Act and
						the rules promulgated by the board.
Jurisprudence Examination-an open book examination made
						up of multiple choice and/or true/false questions covering information
						contained in the Practice Act and board rules.
Legend Drug
-any drug intended for use by
						humans which carries on its label any of the following: "caution: Federal law
						prohibits dispensing without a prescription", "Rx," or "Rx only."
Legend Device
-any device intended for
						use by humans which carries on its label "Rx," "Rx Only," or a statement that
						federal law restricts the device to sale by or on the order of a licensed
						healthcare practitioner.
Letter of Concern
-is non-disciplinary
						and notifies the licensee that while evidence found does not merit formal
						disciplinary action, the board believes that the licensee should become
						educated about the requirements of the Practice Act and board rules. A letter
						of concern shall be placed in the permanent record of a licensee following the
						conclusion of a complaint or upon the granting or renewal of a license. A
						letter of concern shall not be reportable to NPDB, shall not be published with
						board disciplinary actions, and shall be deemed confidential pursuant to
						R.S.
						37:2406(B). A letter of
						concern may be utilized as evidence in subsequent disciplinary actions.
License
-the lawful authority of a PT or
						PTA to engage in the practice of physical therapy in the state of Louisiana, as
						evidenced by a license duly issued by and under the official seal of the
						board.
Louisiana Physical Therapy Practice Act-Practice
						Act
MEPTA
-see
						§135.A 3
Military-Educated PTA Applicant
						(MEPTA)
-see
						§135.A 3
Minimal Standards of Acceptable and Prevailing
						Physical Therapy Practice
-include, but are not limited to, those set
						forth in the Code of Ethics and related documents of APTA.
Moral Turpitude
-baseness, vileness, or
						dishonesty of a high degree and contrary to community standards of justice,
						honesty, or good morals.
Notice
-a statement of the intended date,
						time, place, and nature of a meeting or hearing, and the legal authority and
						jurisdiction under which a hearing is to be held. Notice may include a formal
						complaint filed to initiate a contested disciplinary proceeding.
NPDB
-see
national practitioner
						databank.
NPTE
-see
national physical
						therapy examination.
National Physical Therapy Examination
-a
						national examination administered by the FSBPT and approved by the board for
						the licensure of a physical therapist or the licensure of a physical therapist
						assistant.
National Practitioner Databank
						(NPDB)
-(formerly the "healthcare integrity and protection data bank"
						or "HIPDB") a web-based repository of reports containing information on medical
						malpractice payments and certain adverse actions related to health care
						practitioners, providers, and suppliers, preventing practitioners from moving
						state-to-state without disclosure or discovery of previous damaging performance
						and promoting quality health care and deterring fraud and abuse within health
						care delivery systems created by the Health Care Quality Improvement Act of
						1986 (HCQIA), as amended, title IV of Public Law 99-660 (42 U.S.C. 11101  et
						seq.). Section 1921 of the Social Security Act, as amended, (42
						U.S.C. 1396r-2)  mandates reporting to the
						NPDB of adverse licensure actions taken against licensees.
On Premises
-the supervising PT of record
						is physically present in the treating facility and immediately available to the
						treatment area.
Participate
-as used in
						R.S.
						37:2418 F(2)(b) means that a Supervising PT of
						Record assumes responsibility for the care which he and those under his
						supervision provide to patients, provides appropriate treatment and that, at a
						minimum, the PT will:
a. perform the initial evaluation and document the
						patient's plan of care;
b. treat and reassess the patient at least every sixth
						treatment day or every 30 days, whichever occurs first;
c. treat the patient for the final treatment session
						unless the patient is physically unavailable; and
d. write the discharge summary.
Passive Manipulation
-manipulation or
						movement of muscular tissue or joints other than by the spontaneous function of
						the body or active effort on the part of a patient.
Patient
-the recipient of physical
						therapy services pursuant to a plan of care, treatment plan or program.
Patient Care Conference
-see
						Documentation Standa§341
Per Diem
-compensation to a board member
						or committee member for each day during which he is participating in or
						carrying out an official board approved activity pursuant to
						R.S.
						37:2404(C).
Person
-includes a natural person,
						partnership, corporation, association, or other entity having legal existence,
						unless the context requires a more limited meaning.
Physical Therapist
-as defined in
						R.S.
						37:2407(A)(2), and is
						licensed by the board pursuant to the Practice Act and rules.
Physical Therapist Assistant
-as defined
						in
						R.S.
						37:2407(A)(3), and is
						licensed by the board pursuant to the Practice Act and rules.
Physical Therapy
-as defined in
						R.S.
						37:2407(A)(4).
Physical Therapy Evaluation
-as defined
						in
						R.S.
						37:2407(A)(1).
Physical Therapy Technician
-a worker not
						licensed by the board who operates under the direction and control of a
						licensed physical therapist and functions in a physical therapy clinic,
						department or business and assists with preparation of the patients for
						treatment and with limited patient care.
Physiotherapy
-physical therapy.
Plan of Care
-documentation created and
						signed by the physical therapist specifying the measurable goals, specific
						treatments to be used and the proposed duration and frequency of specified
						treatment. It is an integral component of a PT evaluation and must be created
						by the physical therapist prior to delegating appropriate treatment to a PTA or
						PT technician and incorporating documentation standards provided for in
						§341
Practice of Physical Therapy
-as defined
						in
						R.S.
						37:2407(A)(5).
Practice Setting
-unless otherwise
						defined, the physical location where patient care is performed or client
						services provided. Practice setting may also refer to the type of organization
						which provides physical therapy services, such as an outpatient clinic,
						hospital, nursing home, rehab facility, school or the delivery of home
						healthcare.
Prescription
-a request for diagnostic or
						therapeutic physical therapy procedures or regimen subscribed by an individual
						lawfully authorized to make or give such an order or directive.
Preventive Services
-the use of physical
						therapy knowledge and skills by a PT or PTA to provide education or activities
						in a wellness setting for the purpose of injury prevention, reduction of stress
						and/or the promotion of fitness and for conditioning. This does not include the
						administrations of physical therapy treatment.
Probation
-license status in which the
						licensee may practice physical therapy in Louisiana, but may be required to
						work under certain conditions and/or restrictions as specified and made public
						in a board order or board agreement.
Progress Note
-see Documentation
						Standa§341
Provisional License
-a temporary license
						issued to practice physical therapy in Louisiana. Three types of provisional
						licenses issued include:
a.
CAPTE
graduate
pending examination
-applicant pending results of a fixed-date
						examination;
b.
foreign-educated provisional
						license
-physical therapist or physical therapist assistant applicant
						pending completion of the supervised clinical practice requirement of
						§137;
c.
temporary
reciprocal
provisional license
-applicant licensed elsewhere and working
						temporarily in Louisiana under the provisions of
						§147
PT
-see
physical
						therapist.
PTA
-see
physical therapist
						assistant.
Reassessment
or
Reevaluation
-see Documentation Standa§341
Reciprocity
-the acknowledgment and
						licensure by the board of a PT or PTA licensed by another state pursuant to
						procedures established by the board.
Referral
-a request for physical therapy
						evaluation or treatment made by an individual lawfully authorized to make such
						request.
Reprimand
-a form of censure by the board
						of a licensee for violation of the Practice Act or Rules.
Respondent
-a licensee who is the subject
						of an informal complaint, as addressed in §381, or a formal administrative
						complaint, as addressed in §387, alleging violation of the Practice Act or
						board rules.
Restricted
-license status indicating
						that the board has placed restrictions or conditions on a license including,
						but not limited to, scope of practice, place of practice, supervision of
						practice, or patient demographic.
Revocation
-the withdrawal of a license
						issued by the board, terminating the right and privilege of practicing physical
						therapy in Louisiana.
Revoked
-license status indicating
						annulment of a license by an action of the board pursuant to formal
						disciplinary action which terminates the right to practice physical therapy in
						Louisiana.
RPTP
-the Recovering Physical Therapy
						Program adopted by the board.
RPTP Agreement
-a document approved by
						the board containing provisions which identify requirements for successful
						participation in the RPTP, including, but not limited to, evaluation,
						treatment, after care, testing, monitoring, supervision reports, meeting
						attendance, and practice restrictions.
RPTP Compliance
-conforming to the
						requirements of the Recovering Physical Therapist Program Agreement.
State
-see
jurisdiction of the
						United States.
Student
-a person who is pursuing a
						course of study leading to a degree in physical therapy or physical therapist
						assisting from a professional education program certified by CAPTE and approved
						by the board, and who is pursuing supervised clinical education requirements
						related to his physical therapy education.
Subversion
-engaging in any activity
						contrary to honesty, justice, or good morals in an attempt to undermine the
						integrity of the examination or to receive a passing score on the examination
						as defined in
						R.S.
						37:2414 and required by R.S. 37:2409-2411.2.
						For purposes of this Chapter, subversion also includes any unauthorized use or
						reproduction of copyrighted materials.
Summary Suspension
-the suspension of a
						license by emergency board action which requires a licensee to immediately
						cease practice pending disciplinary proceedings provided by law.
Supervising PT of Record
-the PT who
						performs the initial evaluation and establishes a plan of care for a patient or
						a PT who has most recently reevaluated or treated the patient.
Suspended License
-restricting the
						licensee's privilege to practice physical therapy or physical therapist
						assisting for a specified period of time.
Topical Agents/Aerosols
-medications used
						in physical therapy treatment which are applied to the skin and obtained
						over-the-counter, by prescription or order, or from a licensed
						distributor.
Treatment Plan or Program
-documentation
						created by a PT specifying the measurable goals, specific treatments to be used
						and the proposed duration and frequency of treatment; is an integral component
						of a PT evaluation and must be completed by the PT prior to delegating
						appropriate treatment to a PTA or PT technician.
Treatment Record
-see Documentation
						Standa§341
Week
-any consecutive seven days.
When Feasible
-as used in
						R.S.
						37:2418 F (2)(g), means whenever the patient
						is still physically available to receive treatment and assessment.
Wound Debridement
-patient care provided
						by a PT, provisionally licensed PT, or student PT, which removes nonliving
						tissue from pressure ulcers, burns and other wounds as part of wound
						management, including but not limited to, sharps debridement, debridement with
						other implements or agents and application of topical agents including
						enzymes.
Written Record of Physical
						Therapy
-documentation including the prescription or referral (if such
						exists), the initial evaluation, treatment notes, notes of patient care
						conferences, progress notes, reevaluations or reassessments, referral to an
						appropriate healthcare provider pursuant to
						R.S.
						37:2418(B)(2)(b) (if such
						exists), and patient status at discharge documenting the complete course of
						patient care.
This Section was amended utilizing information from the
						  Sections enumerated. The Historical Note reflects prior action for those
						  enumerated Sections. A comprehensive revision of the Louisiana Physical Therapy
						  Board book (LAC 46:LIV) was effective via the board's October 2011 Rule in the
						  Louisiana Register.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						37:2407(A) and Act 535 of
						2009.